[HISTORY: Adopted by the Board of Health of the Town of Secaucus 12-18-78[1]; amended in its entirety 9-19-83. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 146 of the Code, but was included as Ch. 142A in order to maintain the alphabetical sequence of the Code.
As used in this chapter, the following terms shall have the meanings indicated:
APPROVED
Acceptable to the Health Department based on its determination as to conformance with appropriate standards and good public health practice.
FOOD
Any raw, cooked or processed edible substance, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
FOOD-PROCESSING ESTABLISHMENT
A commercial establishment in which food is processed or otherwise prepared and packaged for human consumption.
MOBILE RETAIL FOOD ESTABLISHMENTS
Any movable restaurant, truck, van, trailer, cart or other movable unit in or on which food or beverage is stored, transported or prepared for retail sale or distribution at temporary locations. Except as provided under Section 42-6 below, push carts are excluded from this definition and are not permitted on any Secaucus Street.
[Added 9-19-11 by Ord. No. BOH 2011-2]
A. 
No person shall operate a mobile retail food establishment unless that food which is offered for sale is obtained from an approved food-processing establishment.
B. 
No mobile food establishment shall park or stand on any property in the Town of Secaucus without providing approved rubbish facilities to prevent the accumulation of litter.
C. 
Any person licensed as a mobile vendor whose vehicle receives two successive conditionally satisfactory ratings or an unsatisfactory rating shall successfully complete the Food Service Managers Certification Program or an equivalent acceptable to the New Jersey State Department of Health. The aforementioned shall be completed in a period of time specified by the local Board of Health.
D. 
An adequate supply of hot and cold running water shall be provided for each vehicle engaged in food preparation.
E. 
No vendor, other than in frozen desserts or raw agricultural products, who holds a license in accordance with the provisions of this chapter shall park a food-vending vehicle upon a public roadway or street for the purpose of or during the process of soliciting sales or business, displaying food for sale or selling or offering to sell or deliver food to buyers, consumers or other persons.
F. 
No mobile retail food establishment shall park or stand on any property, commercial or private, in the Town of Secaucus for the purpose of vending food without first obtaining permission of the owner thereof. It shall be the responsibility of the owner or lessee of any commercial or private property to determine who shall vend from his premises.
[Amended 3-17-86]
G. 
Each mobile retail food establishment, other than vendors in raw agricultural products, shall take such measures as required by the Health Department to minimize the possibility of contamination from flies and dust.
If any section or part of this chapter is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or part of this chapter.
[Amended 3-17-1986; 9-19-2011 by Ord. No. 2011-2; 6-16-2014 by Ord. No. BOH 2014-3; 5-28-2024 by Ord. No. 2024-11]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be fined as follows and be paid within 10 days of said violation.
A. 
First offense: $300.
B. 
Second offense: $500.
C. 
Third and subsequent offense: $1,000 (said offense requires a review meeting with the Board of Health).
The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuance of the violation may be punished as provided above for each separate offense.
[Added 9-19-11 by Ord. No. BOH 2011-2]
In any municipal and/or Secaucus licensed event or fair, push carts shall be permitted for such event upon obtaining a license from the Town of Secaucus Board of Health. The fee for said license shall be $25 per day or such other fee as enacted by the Secaucus Board of Health.
[Added 8-15-11 by Ord. No. BOH 2011-1; amended 6-18-12 by Ord. 2012-1]
A. 
The local Board of Health shall issue no more than two licenses for a mobile retail food establishment engaged in the sale of frozen desserts and/or related products.
B. 
Operations of vehicles hereunder shall be subject to and governed by applicable Secaucus noise ordinances in Chapter 93 of the Code of the Town of Secaucus.
C. 
No operator of a mobile retail food establishment engaged in the sale of frozen desserts and/or related food products shall operate their vehicle within 100 feet of school property between the hours of 7:00 a.m. and 4:00 p.m. during days when school is in session.