[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood 5-28-1985 by Ord. No. 85-7; amended in its entirety 12-19-2023 by Ord. No.
23-40. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A person, firm or corporation who or which provides, distributes
or serves food and drink for consumption in a place other than on
his or its own premises (off-premises consumption), where said food
and drink are prepared in consumable form.
Any establishment primarily engaged in providing single-event-based
food services prepared on site and transported to an event for off-site
consumption.
Any establishment primarily engaged in providing on-site,
single-event-based food services that may include buffet or waitress/waiter
service and may also include the serving of nonalcoholic and alcoholic
beverages as part of the event.
Any self-contained mobile kitchen vehicle or conveyance in
which any food or drink intended for human consumption is or has been
prepared, cooked, processed, packaged or bottled for the public.
Persons or organizations which sell frozen ice cream or confections
on the streets of the Borough from vehicles containing special safety
lights and other warning devices. This type of activity is limited
to persons who travel the public roads of the Borough and are signaled
by intended customers on a random basis for a single sale of a frozen
product. The distinction between this activity and that of mobile
food vendors is based upon the existence of the safety devices and
the diminished concern concerning health hazards associated with frozen
food as compared to heated or unfrozen forms of food and also the
relatively fast service from within the truck associated with this
vending as distinguished from the dispensing of beverages and the
like which is characteristic of mobile food vendors.
Any person operating a movable unit, other than a food truck
as defined above, 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 locations.
This chapter is not intended to preempt any other rule, regulation,
ordinance or Board of Health standard pertaining to the sale and handling
of food.
No food truck mobile shall, within the corporate limits of the
Borough of Westwood, sell, offer for sale, display for sale, or give
away food, or otherwise operate without permission from the Mayor
and Council. The Governing Body shall adopt by resolution a policy
governing the application process and operation of food trucks on
public property. Any requests for food trucks to operate on public
property, including public parks and roadways, shall be submitted
in writing to the Borough Clerk six weeks prior to the proposed date
of operation for review against the policy and/or consideration by
the Governing Body on the next available agenda. Upon approval, the
food truck operator must apply to the Board of Health and Fire Prevention
for applicable permits and inspections.
A.Â
Any person, firm or corporation convicted of a violation of this
chapter shall be subject to a fine as follows:
B.Â
Any misstatement
or misrepresentation in the application for such a license shall also
constitute a violation of this chapter.
C.Â
Each day that a particular violation exists shall constitute a separate
offense.
