Elmwood Park, NJ
CHAPTER 3-15: SHOPPING CARTS.
Section 3-15.2: Leaving on Streets or Sidewalks Prohibited.
a) It shall be unlawful for any person to leave or to suffer or permit to be left any cart, either owned by him/her or in his/her possession, custody or control upon any street or sidewalk. (1969 Code § 21-2)
Section 3-15.3: Removal of Cart by Borough.
a) The Chief of Police shall remove or cause the removal of the cart by notification to the Department of Public Works, who shall be hereby charged with the responsibility of collection of the cart. (1969 Code § 21-3; Ord. No. 96-13 § 2)
Section 3-15.4: Notice of Impoundment.
a) Whenever the Chief of Police shall receive any cart containing identification of ownership or right to possession, a notice shall be sent by ordinary mail to such person, advising that such cart is held by the Chief of Police and advising the amount necessary to redeem. (1969 Code § 21-4)
Section 3-15.5: Redemption; Fees.
a) Any impounded cart may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof, and he shall be entitled to receive such cart upon tendering the sum of one hundred twenty-five ($125.00) dollars. In addition, the person seeking to redeem shall pay the cost of advertising the sale thereof, if any. No cart shall be delivered to a person seeking to redeem unless proof establishing to the satisfaction of the Chief of Police such person’s ownership or right to possession is submitted. Any delivery to a person apparently entitled thereto shall be a good defense to the Borough against any other person claiming to be entitled thereto. The person to whom delivery ought to have been made may recover the same with interest and costs from the person to whom the same shall have been delivered. (1969 Code § 21-5; Ord. No. 96-13 § 3; Ord. No. 06-23)
Section 3-15.6: Sale of Unredeemed Carts.
a) If any impounded cart remains in the custody of the Chief of Police on the thirtieth (30th) day of the month next following the date of impoundment, and with respect to which no person has presented to the Chief of Police proof establishing to his satisfaction such person’s ownership or right to possession, the Borough Clerk shall give public notice in the official newspaper of the Borough, advising that at a specified place and time, not less than five (5) days after such notice is published, such cart shall be sold at public auction for the best price to be obtained. A general description in such notice of the cart to be sold shall be sufficient. The sale shall be conducted by the Borough Clerk or the Clerk’s designee. (1969 Code § 21-6; Ord. No. 96-13 § 4; Ord. No. 06-23)
Section 3-15.7: Disposition of Unredeemed and Unsold Carts.
a) In the event that any impounded cart shall remain unsold at public auction, the Chief of Police may reoffer such cart for sale at a subsequent public auction held pursuant to this section, or he may dismantle, destroy or otherwise sell or dispose of such cart. Any such sale or other disposition of such cart pursuant to this chapter shall be without liability on the part of the Borough to the owner of such cart or other person lawfully entitled thereto or having interest therein. (1969 Code § 21-7)
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