CHAPTER 3-19: SHOPPING CARTS.

Section 3-19.1: Definitions.

a) As used in this section:
1) Cart shall mean a hand drawn or propelled vehicle or wheeled container made of metal, wood or other material such as is generally provided by merchants for the use of their customers in carting or carrying goods, wares and merchandise to automobiles or other vehicles.
2) Street shall mean and include street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, sidewalk, park, public parking lot, public parking area and public places used by the general public.
(Ord. #1591, 1)

Section 3-19.2: Leaving Shopping Carts on Streets or Private Property.

a) It shall be unlawful for any person to leave or suffer or permit to be left any cart, either owned by him or in his possession, custody or control upon any public thoroughfare or upon any private property not his or her own. (Ord. #1591, 2)

Section 3-19.3 Identification Tag Required.

a) Any cart provided or made available for use by any person, his agent or employee shall have securely attached thereto a plainly-visible metal or plastic identification tag. The number of the cart, the name and address of its owner and location of the premises where it is actually available for use shall be legibly printed on the identification tag. (Ord. #1591, 3)

Section 3-19.4 Inspection.

a) The public works department of the township shall be authorized to enter upon premises at any reasonable hour of a business day where carts are provided, for the purpose of inspecting carts for proper identification and otherwise effecting compliance with the provisions of this section. (Ord. #1591, 4)

Section 3-19.5 Public Works Department to Remove and Store Carts.

a) The public works department of the township shall remove or cause to be removed any cart found upon any street and shall take the cart to a place provided by the township where it shall be held until redeemed, sold or otherwise disposed of as hereinafter provided in this section. (Ord. #1591, 5)

Section 3-19.6 Notice to Owner; Redemption Charges.

a) Whenever the public works department shall take any cart into their possession bearing identification of ownership or right to possession, a notice shall be sent by ordinary mail to such person advising him or it that such cart is being held by the public works department and that the cart may be redeemed upon payment to the township of a fee or charge of fifteen ($15.00) dollars.

b) Such cart may be redeemed by the owner thereof as shown by the identification of ownership or right to possession at any time prior to a sale, dismantling, destruction or disposal thereof and he or it shall be entitled to receive such cart upon payment of the fee or charge of the sum of fifteen ($15.00) dollars. (Ord. #1591, 6, 7; Ord. #1847, I)

Section 3-19.7 Sale of Carts Held for Six Months; Redemption by Owner After Advertisement.

a) When any cart remains in the custody of the public works department for six months after coming into their possession and with respect to which no person has presented to the township proof establishing to its satisfaction such person’s ownership or right to possession, the township shall give public notice in a newspaper circulating in the township that, at a specified time and place, such cart will be sold at public auction. The sale shall be conducted by the township clerk or by such other person as the board of commissioners shall designate. If, after such notice of sale is given, an owner or other person entitled to redeem any cart prior to the sale may redeem the cart and pay to the township or its duly authorized agent the sum of thirty ($30.00) dollars. (Ord. #1591, 8; Ord. #1847, I)

Section 3-19.8 Disposition of Funds Collected.

a) Upon a redemption or sale of a cart, the proceeds shall be deposited in the general funds of the township or in such manner as shall be designated by the board of commissioners. (Ord. #1591)

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.