Chapter 339: SHOPPING CARTS
§ 339-3. Removal from shopping establishment prohibited; violations and penalties.
A. It shall be unlawful for any person to remove a cart, as defined herein, from the property of any store or other business establishment. Further, it shall be unlawful for any store or other business establishment to permit or allow any person to remove a cart, as defined herein, from the property of the store or other business establishment.
B. In the event of a conviction of this section, the Municipal Court shall impose a fine of $25 for the first violation; $50 for the second violation; and $100 for the third and subsequent violations.
§ 339-4. Leaving upon street or sidewalk prohibited; violations and penalties.
A. It shall be unlawful for any person, or such person’s agent or employee, to leave or suffer or permit to be left any cart, either owned by such person or in such person’s possession, custody or control, upon any sidewalk or street.
B. In the event of a conviction of this section, the municipal court shall impose a fine of $25 for the first violation; $50 for the second violation; and $100 for the third and subsequent violations.
§ 339-5. Removal by borough when found upon street.
The borough shall remove or cause to be removed any cart found upon any sidewalk or street and shall take same to borough property where it shall be held until redeemed, sold or otherwise disposed of as hereinafter provided.
§ 339-6. Notice of removal and redemption.
Whenever the borough shall take 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 borough and that the cart may be redeemed upon payment of $25 to the borough. The owner of each cart shall print upon each cart the name of the owner.
§ 339-7. Redemption by owner; proof of ownership; defense to adverse claimant.
Such 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 payment of the sum of $25. No cart shall be delivered to a person seeking to redeem, unless proof is submitted establishing to the satisfaction of the borough such person’s ownership or right to possession. Any delivery to a person deemed entitled thereto by the borough from the proof submitted shall be an absolute defense of the borough against any other person claiming to be entitled thereto.
§ 339-8. Notice of public auction; redemption fee and costs; sale.
When any cart remains in the custody of the borough for a period of 15 days after the 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, such cart will be sold at public auction for not less than $25, plus the costs of advertising the sale. If, after such notice of sale is given, any person desires to redeem any cart prior to sale, such person shall pay to the borough for redemption the sum of $25, plus the cost of advertising the sale. A general description of the cart shall be sufficient. The sale shall be conducted by the Borough Administrator or by such person as the governing body shall designate.
§ 339-2. Corral required; violations and penalties.
A. No person shall make any shopping cart or carts available for use by customers for handling or carrying food, goods or other merchandise in or about any store or other business establishment unless the premises on which such store or other business establishment is located contains a corral, certified by the Building Inspector to be sufficient to prevent the removal of any such shopping cart from such premises.
B. In the event of a violation of this section, the Building Inspector shall issue a notice of violation, which shall require compliance within 10 days. Thereafter, the Building Inspector shall issue summonses for violations of this chapter. In the event of conviction, the Municipal Court shall fine the offender $100 for the first offense; $250 for the second offense; and $500 for the third and all following offenses.
