[HISTORY: Adopted by the Township Council of the Township of Montclair as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 238.
Garbage, rubbish and refuse — See Ch. 292, Art. IV.
Vending machines — See Ch. 333.
[Adopted 4-30-1985 by Ord. No. 85-12 (Art. X of Ch. 88 of the 1979 Code)]
[Amended 7-23-1985 by Ord. No. 85-27]
As used in this article, the following terms shall have the meanings indicated:
MOBILE VENDOR
A person who goes from place to place or from house to house by traveling on public streets by vehicle or pushcart and carries with him or her, whether with or without other products, ice cream products, frozen dessert products, water ices, beverages, frozen confectionery products, food and foodstuffs which, prior to service, require only limited preparation or are prepackaged, all for the purpose of selling or attempting to sell them to customers from such vehicle or pushcart.
It shall be unlawful for any person, partnership or corporation to directly or indirectly sell or offer to sell ice cream products, frozen dessert products, water ices, beverages, frozen confectionery products, food and foodstuffs, which, prior to service, require only limited preparation or are prepackaged, through the parking, standing or location of any truck, wagon, cart or other mobile unit upon public lands, streets or highways within the township or in close proximity thereto without first obtaining a license to do so, said license to be obtained from the Municipal Clerk pursuant to § 337-3 hereof.
[Amended 3-31-1987 by Ord. No. 87-12; 8-6-1991 by Ord. No. 91-38; 6-13-2006 by Ord. No. 06-26; 7-7-2009 by Ord. No. O-032-09]
All licenses required under the provisions of this article shall be applied for as set forth in §§ 238-3 through 238-15 of Chapter 238, Peddling and Soliciting, except that the fee for the same shall be $125 per vehicle licensed, and the one-day license fee shall be $25.
A. 
It shall be unlawful for anyone engaged in the business of selling any of the items set forth in § 337-1 of this article from vehicles to misrepresent the character or quality of the merchandise offered for sale or to importune or otherwise annoy any person or persons for the purpose of effecting a sale.
B. 
All products so sold or offered for sale from such vehicles shall comply with all the laws and local ordinances relating to food and food products.
C. 
It shall be unlawful for a mobile vendor to:
[Amended 7-23-1985 by Ord. No. 85-27; 11-1-2011 by Ord. No. O-11-066]
(1) 
Sell or offer to sell his or her products in streets where the permitted speed limit is 30 miles per hour or more.
(2) 
Sell or offer to sell his or her products to a person standing in the roadway, nor shall he or she allow any unauthorized person to ride in or on the vehicle.
(3) 
Occupy a location in a residential zone [R-O, R-O(a), R-1, R-2, R-3 or R-4], for a period longer than 15 minutes. A street location which immediately abuts a residential zone on either side shall be considered a residential zone.
(4) 
Occupy a temporary location in any other zone for a period longer than 1/2 hour.
(5) 
Occupy any location situated within 200 feet of the property of any elementary, middle or high school, whether public or private.
(6) 
Occupy the same temporary location twice within one twenty-four-hour period, regardless of the character of the zone chosen for the location of the vehicle.
(7) 
Relocate his or her vehicle in compliance with Subsections A, B and C above within 500 feet of the location just immediately vacated by him or her.
(8) 
Vacate a temporary location without first removing all waste and debris which has been caused by his or her occupancy or his or her patrons.
(9) 
A mobile vendor subject to the provisions of N.J.S.A. 39:4-128.7 shall, to the extent said statute is inconsistent with this article, comply with the statute. Otherwise, this article shall apply.
[Added 7-21-2015 by Ord. No. O-15-018]
D. 
Notwithstanding anything herein to the contrary, a mobile vendor, other than a frozen dessert truck as defined in N.J.S.A. 39:4-128.3, may occupy the following locations strictly in compliance with the conditions imposed by this article and where applicable, the special conditions imposed by this subsection and set forth below:
[Amended 7-23-1985 by Ord. No. 85-27; 4-29-2014 by Ord. No. O-14-014; 7-21-2015 by Ord. No. O-15-018]
(1) 
Locations.
(a) 
Chestnut Street:
[1] 
North side from a point 41 feet west of North Fullerton Avenue to a point 30 feet west therefrom.
[2] 
North side from a point 71 feet west of North Fullerton Avenue to a point 30 feet west therefrom.
(b) 
North Fullerton Avenue:
[1] 
West side from a point 50 feet north of Chestnut Street to a point 30 feet north therefrom.
[2] 
West side from a point 80 feet north of Chestnut Street to a point 30 feet north therefrom.
(2) 
Parking is limited to the hours of 9:00 a.m. to 2:00 p.m. every day.
(3) 
Food and drinks may only be sold between the hours of 10:00 a.m. to 1:00 p.m.
(4) 
Each vendor must place a trash can of adequate size and a recycle can in close proximity to the vendor's location. Vendors are required to remove trash and to properly dispose of trash and recyclable containers and materials. No trash or recyclables shall be disposed of in receptacles owned by the Township or nonprofit corporations or associations that place trash or recycling receptacles on the street for use by the public.
(5) 
Permits issued shall be issued for the above locations in accordance with written procedures established by the Manager and filed with the Township Clerk.
(6) 
Vendors for the permit parking spaces authorized by this subsection shall be selected by a scaled bid auction held annually for a one-year period commencing September 1 of the year in which the auction is held. Notice of the auction shall be published and posted in the same manner as an ordinance at least 14 days before the date of the auction.
(7) 
The fee for each permit shall be the highest amount bid, with a minimum annual fee to be determined on an annual basis.
[Amended 3-19-2019 by Ord. No. O-19-008]
(8) 
The Manager is authorized to promulgate additional regulations concerning proper behavior of the vendors.
E. 
Nothing herein shall be construed to:
[Amended 7-23-1985 by Ord. No. 85-27; 11-1-2011 by Ord. No. O-11-066]
(1) 
Permit parking in any location in violation of the general parking ordinances of the Township of Montclair;[1] or
[1]
Editor's Note: See Ch. 327, Vehicles and Traffic.
(2) 
Limit the discretion of a police officer to require a mobile vendor to move from an otherwise permitted location in the interest of public safety or the adequate movement of vehicular or pedestrian traffic.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17; 4-29-2014 by Ord. No. O-14-014]
A. 
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.
B. 
The permit authorized by this article may be revoked as follows:
(1) 
The Clerk shall revoke the permit of any person who has been convicted three times for violating Chapter 337 within a two-year period commencing with the first conviction. A person whose permit is revoked may appeal to the Manager no more than 15 days after the date of revocation. The appeal must be in writing and shall set forth reasons why the revocation should be rescinded, supported by pertinent facts.
(2) 
The Clerk shall revoke the permit of any person who has been convicted of a crime of the fourth degree or worse.
[Adopted 1-19-2016 by Ord. No. O-15-040]
As used in this article, the following terms shall have the meanings indicated:
FOOD CART
A cart or other movable device used on the public sidewalks or in public places, in which ready to eat food is cooked, wrapped, packaged, processed or portioned for sale or distribution, and which is not licensed as a food truck or food trailer.
FOOD TRAILER
A nonmotorized vehicle designed to be towed by a motorized vehicle that is registered and is able to be operated on the public streets of the State of New Jersey, in which ready to eat food is cooked, wrapped, packaged, processed or portioned for sale or distribution.
FOOD TRUCK
A motorized vehicle that is registered and is able to be operated on the public streets of the State of New Jersey, in which ready to eat food is cooked, wrapped, packaged, processed or portioned for sale or distribution.
FOOD VEHICLE
Collectively, a food truck, food trailer and a food cart.
FOOD VENDOR
The owner or operator of a food truck, food trailer or food cart or the owner's agent; hereinafter referred to as "vendor."
A. 
No food truck or trailer shall operate within the borders of the Township of Montclair without first having been inspected and approved by the Montclair Fire Department Fire Prevention Bureau.
B. 
No food cart that is using propane shall operate within the borders of the Township of Montclair without first having been inspected and approved by the Montclair Fire Department Fire Prevention Bureau.
A. 
Food vehicles shall be inspected annually. Compliant food vehicles shall receive a certificate of approval valid until December 31 of the year in which the certificate is received. Certificates of approval shall be displayed prominently in or on the food vehicle as directed by printed instructions on the certificate.
B. 
Vendors shall apply for inspections and certificates of approval at the Montclair Fire Department Fire Prevention Bureau located at 1 Pine Street, second floor.
C. 
The inspection fee of $42 shall be paid at the time of application. For continuous operation within the Township(s), a yearly permit from January through December is required. For renewal, the vendor must file an application and pay the required fee prior to each new year, and an appointment for inspection will be scheduled no later than March 1.
D. 
The Fire Official shall prepare a checklist for the inspection specifically detailing the requirements needed and standards which must be complied with for approval. The checklist shall be publicly available. Nothing in this subsection shall be construed as limiting the authority of the Fire Official to supplement the requirements of the checklist in a particular case in the interest of public safety.
E. 
Vendors failing the inspection may be reinspected at any time. No additional fee will be charged for the first reinspection if within 30 days of the first inspection. The full inspection fee is required for reinspections after that date and any additional reinspections.
A vendor operating at a special event, party, fair, festival or movie production where there will be a food vehicle is required to comply with this article. The application must be filed no later than two weeks before the event. Applications made less than two weeks before the event may be accepted up to the day of the event at the discretion of the Fire Official. A late service fee may be charged not to exceed double the standard fee. In no case may a food vehicle operate without approval by the Fire Official.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of this article exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.