[Prior code §§ 18-1 and 18-1(a); amended by Ord. 76-5 § 1, 1976; Ord. 88-21 § 19, 1988]
A.
No person, firm or corporation shall operate or maintain any vending
machine or coin-operated sales device on any street, sidewalk or public
way in the Borough without first having obtained a license from the
Borough clerk. Each vending machine or coin-operated sales device
shall require a separate license.
B.
Anything contained in this section to the contrary notwithstanding,
no vending machine license shall issue and no vending machine shall
be permitted to operate on any street, sidewalk or public way in the
Borough except vending machines designed and utilized for vending
and sale of the written word such as newspapers, magazines, books
and the like. All other vending machines of any sort, kind and description
are prohibited on any street, sidewalk or public way within the Borough.
[Prior code § 18-2; amended by Ord. 76-5 § 1, 1976]
A.
Any person desiring a license for a vending machine under the terms
and conditions of this chapter shall make application to the Borough
clerk. The application shall contain the exact proposed location of
the vending machine, the goods or materials to be sold therefrom and
the name and address of the owner of the machine. Immediately upon
receipt of the application, the clerk shall forward copies to the
chief of police of Ship Bottom and to the zoning officer of Ship Bottom.
The chief of police and zoning officer shall, within 10 days, approve
or disapprove the license for which application is made.
B.
The zoning officer shall certify whether the zoning ordinance of
Ship Bottom permits retail sales in the area for which the permit
is sought and shall certify such information to the clerk. No permit
shall be issued for any area unless the zoning ordinance permits such
retail sales in that area.
C.
The chief of police shall cause the proposed site to be examined
and shall recommend approval or disapproval based upon the following
considerations:
1.
Pedestrian safety, giving due consideration to the adequacy of sidewalk
space at the requested site;
2.
Traffic congestion, giving adequate consideration to the impact on
the flow of traffic with potential motor vehicle stopping to utilize
the outdoor vending machine;
3.
Proximity to other vending machines in the area, no vending machines
vending the same product or same type of product shall be closer than
500 feet to any such other vending machine;
4.
Proximity of the proposed site to intersections and the impact upon
traffic proceeding through the intersections.
[Prior code § 18-3; amended by Ord. 76-5 § 1, 1976]
If both the police chief and the zoning officer recommend in
the affirmative, the license shall be issued within 10 days of receipt
of the application. If either recommends disapproval, no license shall
be issued except by review by the mayor and council of the Borough.
[Prior code § 18-4; amended by Ord. 76-5 § 1, 1976]
No vending machine or coin-operated sales device shall be permitted
to be attached or fastened to any public property or to the property
of anyone other than the owner of the vending machine or coin-operated
sales device unless the owner of such machine or device has received
written permission from the owner of the property to which the machine
or device is to be fastened or attached.
[Prior code § 18-5; amended by Ord. 76-5 § 1, 1976]
Violation of any provision of this chapter shall be punishable
by a fine not to exceed $500 or by imprisonment in the Ocean County
jail not to exceed 90 days, or by both such fine and imprisonment.
(Modified in supp. no. 1 by directive from the Borough:
