Chapter 243: SHOPPING CARTS
[HISTORY: Adopted by the City Council of the City of Passaic 6-19-1975 by Ord. No. 297-75 as Section 3-9 of Chapter III of the Revised General Ordinances of the City of Passaic, 1975. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
§ 243-1. Identification tag required.
No merchant, corporate or otherwise, shall provide shopping carts for the use of his customers without first affixing thereto a permanent tag of identification, setting forth the name and address of the merchant.
§ 243-2. Merchant responsible for carts off premises.
Any merchant who shall permit his customers to take carts off the premises shall be responsible if the carts are abandoned or otherwise left on public streets or public property or on private property without the express consent of the owner or tenant thereof.
§ 243-3. Abandoned and unclaimed carts. [Amended 8-28-1986 by Ord. No. 941-86]
All such carts abandoned or otherwise left on public streets, public property or on private property without the express consent of the owner or tenant thereof shall be seized and impounded by the Police Department or the Department of Public Works or such other officials or departments as may be designated by the Mayor or Business Administrator and shall be sold, in accordance with the provisions of the applicable state statute, at public auction as unclaimed property after a period of six months unless the owner thereof shall claim them from the City of Passaic and pay the sum of $25 for each such cart to cover municipal retrieval costs and, in addition thereto, $1 per day for storage for each such cart. Such fees shall be paid to the Treasurer of the City of Passaic.
§ 243-4. Violations and penalties. [Added 8-28-1986 by Ord. No. 941-86]
Any merchant who shall permit his customers to take carts off the premises, and, as a result thereof, the carts are abandoned or otherwise left on public streets or public property or on private property without the express consent of the owner or tenant thereof in violation of § 243-2 of the Code of the City of Passaic, shall be liable to pay a fine not to exceed $100 for each such violation, which fine may be imposed by a Judge of the Municipal Court of the City of Passaic. Each day when a shopping cart or carts are abandoned or otherwise left on public streets or public property or on private property without the express consent of the owner or tenant thereof shall constitute a separate violation, without regard to the number of carts so abandoned on each such day.
