[HISTORY: Adopted by the Board of Health
of the Township of Dover (now Toms River) as indicated in article
histories. Amendments noted where applicable.]
[Adopted 7-15-1974 by Ord. No. 5-74 as
Ch. 132, Art. V, of the 1973 Code]
The displaying, offering or exposing for sale
of any meats, fruits, vegetables or any article of food upon any street,
curb or sidewalk in the Township of Toms River, in the County of Ocean,
is hereby defined and declared to be a nuisance and is hereby prohibited;
provided, however, that nothing contained in this article shall be
construed to prohibit hucksters or peddlers[1] with covered wagons or trucks traveling from house to
house and selling their wares.
Any person or persons violating any of the provisions
of this article shall forfeit and pay a penalty of $100.
[Adopted 7-15-1974 by Ord. No. 5-74 as
Ch. 103 of the 1973 Code]
As used in this article, the following terms
shall have the meanings indicated:
Any movable restaurant, truck, van, cart, bicycle or other
movable unit including hand-carried, portable containers in or on
which food or beverage is transported, stored or prepared for retail
sale or given away at temporary or permanent locations.
Mobile units shall comply with the following
specifications.
A potable water supply tank with a minimum capacity
of 30 gallons, heated electrically or otherwise and tilted toward
a capped drain cock shall be provided. The water inlet pipe shall
be of removable flexible copper or other tubing approved by the local
Board of Health of Toms River Township, with the nozzle for hose connection
capped when not being used. A hose for connection to a potable water
supply shall be provided and shall be equipped with an approved vacuum
breaker and check valve.
A seamless, three-compartment sink, supplied
with running hot and cold water, which shall have a swivel faucet,
shall be provided and it shall be large enough to accommodate the
largest piece of equipment to be cleansed therein.
[Added 8-5-1974 by Ord. No. 6-74]
The requirements of §§ 537-5 and 537-6 may be waived and a special permit is issued by the local Board of Health of the Township of Toms River under the following conditions:
B.Â
That the mobile unit has a home base within the Township
of Toms River which meets all legal requirements of the Township of
Toms River and which meets all local, County and state sanitary requirements
and health laws.
C.Â
That the said home-based facility is separate and
apart from the normal household facilities if said home base is located
in a residence.
D.Â
That, prior to the operation of said mobile unit,
the operator must apply to the local Board of Health of Toms River
Township in order to obtain a special permit to operate under this
section, and in order to submit to an inspection of the home-base
facilities.
A suitable waste tank with an adequate method
of gauging the contents and having a capacity at least equal to the
capacity of the water supply tank shall be provided and shall be tilted
toward a drain cock. It shall be emptied and flushed into a sanitary
sewer or septic system as often as necessary in a sanitary manner
in order to maintain sanitary conditions.
A mechanical, refrigerated box that shall maintain
a temperature of 45° F. or below and equipped with an indicating
thermometer shall be provided for various ingredients carried, with
metal racks or platforms provided to store ingredients.
Floors shall be of metal or similar approved
material and properly sloped to provide proper drainage. Junctures
of floor wall and adjoining fixtures shall be watertight and covered.
A refuse container with cover must be available
for deposit of papers and other solid wastes by customers and operators
and must be so constructed and designed and placed so that it can
be readily used, cleaned and kept clean, and located where it will
not create a nuisance.
Mobile units operating after dark shall be well
lighted with at least 30 footcandles of light intensity on all working
surfaces.
Notice shall be posted in the service area of
the mobile unit with instructions as to proper handling of food materials
and containers, proper cleansing of equipment, utensils and appurtenances
and proper waste disposal.
Persons handling food shall be clothed in clean,
washable uniforms, preferably white ones.
A hose and hose connection equipped with a vacuum
breaker shall be provided for supplying water to the mobile unit as
well as a method of handling the hose for draining to prevent contamination.
Serving windows shall be glassed or screened
and shall be kept closed at all times except when being used to serve
customers.
Suitable covered storage facilities or containers
shall be provided for all refuse and waste, which must be removed
daily.
Every mobile unit shall be constructed of such
acceptable material as to enable it to be readily cleaned, and equipment
shall be installed in such a manner that the unit can be kept clean
and food will not become contaminated. The unit or equipment shall
be provided with a close-fitting cover where required.
The water supply shall be adequate, of a safe,
sanitary quality, and derived from an approved source. Cold water
and hot water, of a temperature not less than 140° F. under pressure,
shall be provided in all processing and washing areas.
All residue shall be removed from equipment
after use each day, and product contact surfaces shall be sanitized
just prior to use each day. Interior surfaces contacted by foods shall
be completely disassembled daily for cleansing; however, installations
and methods used for cleaning equipment without disassembling same
may be utilized by approval of the local Board of Health of Toms River
Township.
After cleaning and sanitizing, all product contact
surfaces of equipment and all utensils shall be so stored and handled
as to be protected from contamination.
Any violation of this article shall be punishable
by a fine of not less than $25 nor more than $500 for each offense.
Each day that a violation shall be permitted to exist shall be deemed
a separate and distinct offense.
