[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:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
Not announce or indicate by voice or any other sound
the availability of such merchandise or food for sale.
F.Â
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.
G.Â
Operate at least 20 feet away from any public building.
H.Â
Operate at least 30 feet away from any other person
engaged in similar activity.
I.Â
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.
J.Â
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.
K.Â
Operate in a fashion which does not interfere with
the free passage of pedestrians or cause delay, obstruction or hazard
to traffic.
L.Â
Operate at least 20 feet away from any driveway, intersection
or bus stop.
M.Â
Have no exclusive right to sell or offer to sell merchandise
or food in any particular location within the county.
N.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.