[HISTORY: Adopted by the Board of Chosen Freeholders (now Board of County Commissioners) of Atlantic County: Art. I, 3-29-1983 as Ord. No. 3-1983. Amendments noted where applicable.]
[Adopted 3-29-1983 as Ord. No. 3-1983]
This Article shall regulate the sale of merchandise and food along all county roads and on all county property in the County of Atlantic.
As used in this Article, the following terms shall have the meanings indicated:
- Includes any raw, cooked or processed edible substances, beverages, ingredients, ice or water used or intended for use or for sale in whole or in part for human consumption.
- Includes all other goods, wares, farm products, printed material, services and orders or contracts for services or goods and anything that may be sold or distributed in compliance with this Article.
No person shall sell or offer to sell any merchandise or food on any county road, park or other property, unless specifically authorized to do so by statute of the United States of the State of New Jersey.
No person shall sell or offer to sell any merchandise or food on any county road or roadside, except upon a sidewalk constructed and intended for the passage of pedestrian traffic.
No person shall sell or offer to sell any merchandise or food within any county park, unless such person holds a lease from the county in accordance with the provisions of N.J.S.A. 40:37-95.13(i).
No person shall sell or offer to sell any merchandise or food on any other public property belonging to the county, except upon sidewalks or areas intended for the passage of pedestrian traffic.
Any person offering merchandise or food for sale in accordance with the provisions of this Article shall:
Contain such merchandise or food within a hand-operated cart or similar article, not fitted with or operated by motor, but fitted with wheels and readily movable.
Remain with the cart at all times while conducting business and remove all items relating to the sale or offer for sale of food or merchandise under this Article, including litter, from county property at the conclusion of business each day.
Offer merchandise or food for sale or make any sale only on a sidewalk or similar area which is wide enough to permit the unimpeded passage of pedestrians.
Not offer merchandise or food for sale or make any sale within an area designated or used for the parking of cars or other vehicles.
Not announce or indicate by voice or any other sound the availability of such merchandise or food for sale.
Operate only between the hours of 8:00 a.m. and 5:00 p.m., except that this provision shall not be construed to permit the sale or offering for sale of any food or merchandise outside the hours of daylight.
Operate at least 20 feet away from any public building.
Operate at least 30 feet away from any other person engaged in similar activity.
Contain all merchandise, food, advertising materials, displays or any other article relating to the sale or offer for sale of merchandise or food under this Article within or on the cart or vending unit.
If offering food, beverages or other wrapped items for sale, make available for public use a litter receptacle of sufficient size to prevent the dropping of litter on the ground.
Operate in a fashion which does not interfere with the free passage of pedestrians or cause delay, obstruction or hazard to traffic.
Operate at least 20 feet away from any driveway, intersection or bus stop.
Have no exclusive right to sell or offer to sell merchandise or food in any particular location within the county.
Maintain insurance in the amount of $1,000,000, including the County of Atlantic as a named insured, to cover the costs of any damage occurring to persons or property through such activity and have a copy of the certificate available for inspection by county officers at all times and locations of operations.
No person shall sell or offer for sale any food or merchandise on any county road, park or other property, unless authorized or licensed in accordance with all applicable statutes, regulations and ordinances.
All applicable federal, state or local statutes, ordinances, regulations and standards must be met and adhered to, and the operations of any person under this Article may be inspected by Atlantic County personnel at any time to ensure compliance with such standards.
In particular, individuals engaged in the sale of food and related items are within the jurisdiction of the County Division of Health and are subject to Chapter XII of the New Jersey Sanitary Code.
Any person operating under this Article must observe temporary or emergency restrictions placed on his or her activities for the safety and welfare of the citizens of the county and must obey the request of any authorized county officer or employee that such activities be terminated or removed.
Any person convicted by a court of competent jurisdiction of violating this Article shall be subject to the penalties established by N.J.S.A. 40:41A-10.