[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.]
As used in this chapter, the following terms shall have the
meanings indicated:
Acceptable to the Health Department based on its determination
as to conformance with appropriate standards and good public health
practice.
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.
A commercial establishment in which food is processed or
otherwise prepared and packaged for human consumption.
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 3-17-86; 9-19-11 by Ord. No. 2011-2; 6-16-14 by Ord. No. BOH 2014-3]
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: $100.
B.
Second offense: $300.
C.
Third and subsequent offense: $500 (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.
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[Amended 3-17-86]
This chapter shall take effect upon final adoption and publication
as required by law.
[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.