Chapter 139: PEACE AND GOOD ORDER

§ 139-35. Abandonment of carts prohibited. [Added 6-25-1974 by Ord. No. MC 2413]

A. No person, his agent or employee shall leave, abandon or suffer or permit to be left or abandoned upon any public street, sidewalk, driveway or municipal parking area any cart, whether owned by him or in his possession, custody or control.

B. Any cart found left abandoned shall be prima facie evidence that it was left or abandoned by or with the permission of the owner.

§ 139-36. Identification on carts. [Added 6-25-1974 by Ord. No. MC 2413]

A. Any cart provided or made available for use by any person, his agent or employee shall have securely attached to it a plainly visible plastic or metal identification tag 3 1/2 inches by 5 inches in size.

B. The identification tag shall have legibly printed on it the following information:
(1) Number of the cart.
(2) Name and address of the owner.
(3) Location of the premises where it is actually available for use.
(4) “Persons removing carts shall be fined.”

C. Duplicate tag numbers are prohibited.

§ 139-38. Impoundment of abandoned carts; notice to owner. [Added 6-25-1974 by Ord. No. MC 2413]

A. The Director of Public Works is authorized to remove or cause to be removed and impounded any cart found abandoned or left in any prohibited area described in § 139-44. He shall deliver the cart to any town-owned storage facility available for such purpose.

B. Within 30 days after the removal of the cart, the Director of Public Works shall notify, by ordinary mail, the owner of the cart at the address indicated on the identification tag.

C. The notice shall inform the owner that he may redeem the impounded cart for such amount as set out in Chapter 98, Fees and Licenses, within 30 days of the date of the notice for redemption.

§ 139-41. Report of redemption of carts. [Added 6-25-1974 by Ord. No. MC 2413]

A. Within 48 hours of the redemption of the property, the Director of Public Works shall pay over to the Treasurer the amount received for the redemption.

B. At the same time, such Director shall deliver to the Treasurer a detailed statement concerning the redemption. The statement shall include:
(1) Identity of the property.
(2) Name and address of the redemptor.
(3) Amount received from the redemptor.

§ 98-21. Fees under Chapter 139, Peace and Good Order. [Amended 1-26-1971 by Ord. No. MC 2275; 8-11-1987 by Ord. No. MC 2834]

A. The fee for a permit for the use of loudspeakers and amplifiers in connection with nonprofit, charitable, educational, civic, religious or recreational activities shall be $29. [Amended 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306]

B. The fee for the redemption by the owner of an impounded shopping cart within 30 days after notice shall be $11, and, if the owner fails to redeem the cart within 30 days after notice and it is delivered to him at the address indicated on the identification tag, an additional handling charge of $58 shall be made. All shopping carts shall have permanently affixed thereon an identification tag with the name, address and telephone number of the owner. Failure to have such an identification tag permanently affixed will require payment of a charge of $11 per shopping cart to the Township of Irvington. In the event that payment is not made, then no retail food establishment or other license is to be issued. [Amended 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306]

C. There shall be a charge of $3 for each 24 hours of storage or any portion thereof and a charge of $20 for towing of vehicles equipped with an automatic alarm, siren or other sound- or noise-making device or with an electric horn, which alarm, siren, device or horn has been triggered or set off and is emitting a continuous or periodic loud sound or noise and there is no apparent means to turn off said alarm, siren, device or horn to stop said sound or noise.

D. The fee for a certified copy of the Drug-Free Zone Map is $500. [Added 8-12-1999 by Ord. No. MC 3123]

About Shopping Cart Ordinances

Retailers can struggle to stop cart abandonment, often paying up to $15,000 a year on replacement carts and municipal fines and fees due imposed by communities. These cart regulations and laws are put in place to not only control the environmental impact of abandoned carts, but also to keep towns and cities clean.

Most shopping cart ordinances fall into three categories: The first category is regulations requiring retailers to have a plan to contain and collect errant shopping carts. Secondly, those that define the fines and penalties a city may impose on retailers for abandoned or errant shopping carts. Finally, the third category of rules generally requires retailers to have a system to contain shopping carts, preventing abandonment.