Chapter 256: SHOPPING CARTS
[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield 12-16-1975 by Ord. No. 1046 as Sec. 3-5 of the Revised General Ordinances. Amendments noted where applicable.]
§ 256-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CART — A hand-drawn or propelled vehicle or wheeled container made of metal, wood or otherwise, such as is generally provided by merchants for the carting or carrying of merchandise or foodstuffs to automobiles or other places.
§ 256-2. Identification of owners on carts.
The owner or owners of shopping carts used in connection with any retail business and intended for use by patrons in carrying articles of merchandise shall clearly designate on each cart the name of such owner or owners.
§ 256-3. Removal of carts prohibited. [Amended 5-17-1977 by Ord. No. 1081]
It shall be unlawful for any person to remove a cart as defined herein from the property of any such retail business. For the purposes of this section, any person who is in possession of any such cart off of the premises of such retail business shall be presumed to have removed the cart in violation of this section.
§ 256-4. Carts in public places; removal. [Amended 5-17-1977 by Ord. No. 1081]
A. It shall be unlawful for any person, his agent or employee to leave or suffer or permit to be left any cart, either owned by him or in his possession, custody or control, in any public place. "Public place" shall be defined as any and all municipal, county and state streets, roads or highways, sidewalks, public parks, playgrounds, public parking areas (not on the premises of the retail business owning the cart) and all means of ingress and egress pertaining thereto.
B. The Borough shall remove or cause to be removed any cart found in any public place other than on the property of the owner of the cart and shall take it to Borough property where it shall be held until redeemed, sold or otherwise disposed of, as hereinafter provided.
§ 256-5. Notice regarding impounded cart.
Whenever the Borough shall take any cart containing identification of ownership or right to possession, a notice shall be sent within five days by ordinary mail to that person advising him that the cart is held by the Borough and that it may be redeemed upon payment of $5 to the Borough.
§ 256-6. Redemption of impounded carts; fee.
The cart may be redeemed by the owner at any time prior to a sale, dismantling, destruction or disposal thereof, and he shall be entitled to receive such cart upon payment of the sum of $5. No cart shall be released to a person seeking to redeem, unless proof is submitted establishing to the satisfaction of the Borough that person's ownership or right to possession.
§ 256-7. Procedure for sale of unclaimed carts. [Amended 5-17-1977 by Ord. No. 1081]
A. When any cart remains in the custody of the Borough for a period of 15 days after removal and with respect to which no person has presented to the Borough proof establishing to its satisfaction such person's ownership or right to possession, the Borough shall give public notice in its official newspaper that, at a specified place and time, not less than five days after such notice is published, the cart will be sold at public auction for not less than $7. If, after notice of sale is given, any person desires to redeem any cart prior to the sale, such person shall pay to the Borough for redemption the sum of $7, plus the cost to the Borough of advertising the notice of sale divided by the number of carts included in such advertisement.
B. A general description of the cart to be sold shall be sufficient. The sale shall be conducted by the Borough Clerk or by such person as the Borough Council shall designate.
C. If the cart is not sold at public auction, the Borough may offer it again for sale or may dismantle, destroy or otherwise dispose of such cart.
§ 256-8. Depositing of funds.
Upon a redemption or sale of a cart, the proceeds shall be deposited in the general fund of the Borough.
§ 256-9. Violations and penalties. [Amended 5-17-1977 by Ord. No. 1081]
Any person who shall violate the provisions of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $25 for the first offense and $50 for each subsequent offense, or imprisonment for a term not exceeding 10 days, or both, in the discretion of the Judge of the Municipal Court, with the exception that any owner redeeming a cart prior to the sale thereof shall not be subject to such penalties.
§ 256-10. Storage of shopping carts in cart corrals. [Added 5-17-1977 by Ord. No. 1081]
Nothing herein contained shall prevent or prohibit the leaving of shopping carts on the outside premises of a market or store if the same are placed in an area designated therefor and so as not to constitute an obstruction or hazard to pedestrians and operators of motor vehicles. The owner or operator of any store making use of shopping carts as herein defined shall not be subject to the penalty provisions of this chapter if such owner or operator has constructed and maintains a cart corral or other device which makes it impossible to roll such shopping cart off of the premises upon which said store is located.
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