[HISTORY: Adopted by the Mayor and Council of the Borough of East Rutherford 1-1-1982 as Sec. 4-19 of the 1982 Recodification; amended in its entirety by the Board of Health 7-18-2018 by Ord. No. Board of Health 2018-01. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Violations and penalties — See Ch. 1, Art. III.
Peddling and soliciting — See Ch. 217.
Streets and sidewalks — See Ch. 257.
As used in this chapter, the following terms shall have the meanings indicated:
MOBILE RETAIL FOOD ESTABLISHMENT
Any movable restaurant, truck, van, trailer, cart, bicycle or other movable unit, including hand-carried, portable containers in or on which food or beverages is transported, stored or prepared for retail sale or given away in temporary locations.
Except as otherwise provided in this chapter, it shall be unlawful for any person, firm or corporation to sell, offer for sale or distribute food or beverages, including hot dogs, intended for human consumption from any temporary stand, pushcart, truck or mobile retail food establishment in the Borough except on private property with approval from the property owner. Said establishments may remain at any location on private property no more than 30 minutes. There shall be no cooking or preparation of food in a mobile retail food establishment, except for the two such establishments that are of the type which sell ice cream, flavored ice, or similar frozen food items.
Nothing contained in this chapter shall be construed to vary, supersede or alter the express provision of the Sanitary Code of the Borough of East Rutherford nor to conflict with the powers, duty or authority of the East Rutherford Board of Health.
Pursuant to § 369-69M(1), the number of mobile retail food establishments is limited to 10 establishments; only two such establishments shall be of the type which sells ice cream, flavored ice, or similar frozen food items.
Notwithstanding anything to the contrary in § 170-2A or B, a mobile retail food establishment or food truck may operate within the Borough;
A. 
If it is operated by or on behalf of a charitable or religious society whose primary office is within the Borough;
B. 
The proceeds shall be applied to the payment of expenses and to the charitable and religious business or affairs for which the charitable or religious society exists;
C. 
It operates only at and during festivals, sporting events, concerts or other public events;
D. 
If on private property the property owner has approved the use of the property for a mobile retail food establishment or food truck;
E. 
The Board of Health, or its designee, has approved such operation and its location, but only if the Board of Health has adopted an ordinance requiring such approval.