[Amended 1-13-1981 by Ord. No. MC 2622; 11-27-1984 by Ord. No. MC 2757; 8-22-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413; 10-14-2015 by Ord. No. MC 3553; 1-13-2025 by Ord. No. MC 3889]
As used in this article, the following terms shall have the meanings indicated:
PEDDLER
A person, commonly referred to either as a peddler or hawker, who goes from place to place or from house to house by traveling on the streets and carries with him goods, wares, food items or any merchandise for the purpose of selling and delivering them to consumers, or any person who has goods, wares and merchandise of any description sent and/or traveling from place to place or from house to house, by traveling on the streets, for the purpose of selling and delivering them to consumers.
PERSON
An individual, firm, partnership, corporation, voluntary association, incorporated association and principal and agent thereof. No person shall be permitted to peddle or hawk any items, materials, food or other goods within the Township of Irvington. This includes but is not limited to food carts and covers any other items.
No person shall be permitted to peddle or hawk any goods, wares, materials or food items or any merchandise for the purpose of selling and delivering such to consumers, or any person who has wares and merchandise of any description sent and or traveling from place to place or from house to house, by traveling on the streets, for the purpose of selling and delivering them to consumers.
A. 
Authority to confiscate: The Township of Irvington, through its designated officers and agents, shall have the authority to confiscate any food cart found to be in violation of this article or of any local, state, or federal regulations, including but not limited to health codes, safety regulations, and proper licensing requirements.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
TEMPORARY MOBILE RETAIL FOOD ESTABLISHMENT
Any movable restaurant, truck, van, trailer, cart, bicycle, watercraft, or other movable unit, including a hand-carried, portable container in or on which food or beverages are transported, stored, or prepared for retail sale or given away at temporary locations.
TEMPORARY RETAIL OR TEMPORARY MOBILE RETAIL FOOD ESTABLISHMENT
Any retail food establishment which operates at a fixed location within the Township of Irvington municipal boundaries for a period of no more than five consecutive days in connection with a fair, carnival, circus, public exhibitions or similar transitory gatherings or meetings open to the general public.
C. 
No such temporary retail or temporary mobile retail food establishment shall operate without first filing an application to operate with the Department of Health. The application must be completed and submitted for approval no later than 15 days prior to the event(s).
D. 
Procedure for confiscation. Upon determination that a food cart is in violation, an authorized officer or agent of the Township shall issue a written notice of violation to the operator of the food cart.
E. 
The authorized officer or agent may proceed with the confiscation of the food cart if he/she determines a second violation has occurred. Once food cart has been confiscated, all food items will be voluntarily destroyed by the authorized officer.
F. 
Violations and fines.
(1) 
1st Offense: $500.
(2) 
2nd Offense: $750.
(3) 
3rd Offense: $1,000.
G. 
The confiscated food cart shall be stored in a secure location designated by the Township and can only be returned upon the conclusion of any legal proceedings.
H. 
Retrieval of confiscated food carts.
(1) 
The owner or operator of a confiscated food cart may retrieve the cart upon payment of all applicable fines and fees and proof of compliance with all relevant regulations.
(2) 
If the food cart is not retrieved within 30 days, the Township reserves the right to dispose of the cart in accordance with applicable laws.