[HISTORY: Adopted by the Borough Council of the Borough of Glen Rock 8-22-1994 by Ord. No. 1233 (Ch. VII, Sec. 7-8, of the 1971 Revised General Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- FROZEN DESSERT TRUCK
- Every motor vehicle where frozen desserts are carried for purposes of retail sale on the streets of the borough.
- VEND or VENDING
- Offering frozen desserts for sale from a motor vehicle on the streets of the borough.
It shall be unlawful to engage in the business of vending frozen desserts within the borough unless both the owner and the driver are licensed pursuant to the provisions of Chapter 133, Licensing, Article I, General Provisions, and Chapter 158, Peddling and Soliciting, of this Code. Applications for such licenses shall be made to the Borough Clerk upon forms provided by him or her pursuant to Chapter 133, Licensing, § 133-2.
The annual fee for such license shall be as determined by resolution of the Mayor and Council.
No license shall be issued to a frozen dessert vendor selling from a truck unless a certificate is furnished to the borough showing that the vendor is carrying the following minimum amounts of insurance:
Public liability insurance in an amount not less than $500,000 for injuries, including those resulting in death, resulting from any one occurrence on account of any one accident.
Property damage insurance in an amount not less than $50,000 for damages on account of any one accident or occurrence.
The certificate shall contain an agreement signed by the insurance company that prior to modification, cancellation or termination of the subject policy, written notice shall be sent to the Borough Clerk by said insurance company.
Equipment required for frozen dessert trucks shall be those as established pursuant to N.J.S.A. 39:4-128.5, as amended.
Every frozen dessert vehicle shall be inspected by the Police Department each year prior to its use in this borough for the purposes of retail sales of frozen desserts. The Police Department shall inspect each frozen dessert truck to determine whether it complies with this chapter and other state and local laws.
A person vending frozen desserts on the streets of the borough must conform with the conditions for vending as set forth under N.J.S.A. 39:4-128.7, as amended.
The operator of any frozen dessert truck which transverses the streets of the borough for the purposes of vending frozen products shall submit to the police of the borough, prior to the first day of January of each year hereafter, a detailed listing of the routes to be traveled each day by said motor vehicles. The Police Department shall approve or disapprove such routes within 30 days thereinafter. Any routes not approved by the Police Department shall not be utilized by said operator.
The driver and frozen dessert truck shall not back the same to make or attempt a sale.
Any person, firm or corporation violating a provision of this chapter shall be punishable by any combination of the following: a fine of not less than $100 and not more than $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.