Chapter 96: SHOPPING CARTS
Chapter 53: LITTERING
§ 53-3. Littering prohibited.
No person shall throw or deposit litter in or upon or leave any shopping cart on any public street, sidewalk or other public place except that litter may be deposited in public receptacles, authorized private receptacles or in official borough dump sites after acquiring a permit therefor.
§ 53-4. Regulations governing shopping carts; fee.
Any shopping cart found upon a street or other public place may be removed by the borough from whom it may be redeemed by the owner upon payment to the Clerk of the Municipal Court on behalf of the borough of a fee of $2.
[HISTORY: Adopted by the Borough of Rutherford Council 6-2-1970 by Ord. No. 2046. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Chs. 21 and 53.
Commercial property maintenance — See Ch. 21A.
§ 96-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
STREET — Includes “street,” avenue, road, alley, lane, highway, driveway, sidewalk, park, parking lot, parking area and places used by the general public.
PERSON — Includes any individual of either sex, corporation, partnership, association, joint-stock company, societies and other entities capable of being sued.
CART — A hand-drawn or propelled vehicle or wheeled container made of metal, wood or other materials such as is generally provided by merchants for carting or carrying merchandise or foodstuffs to automobiles; or other places.
§ 96-2. Lawful area of removal.
It shall be unlawful for any person to remove a cart, as defined herein, for a distance of more than 500 feet from the property of a mercantile establishment.
§ 96-3. Abandonment of cart on streets and sidewalks prohibited.
It shall be unlawful for any person, his agent or employee to leave, suffer or permit to be left any cart, either owned by him or in his possession, custody or control, upon any borough sidewalk or street.
§ 96-4. Ownership to be designated on each cart.
The owner or owners of shopping carts used in connection with any retail business and intended for use by patrons in carrying articles of merchandise shall clearly designate on each cart the name and address of such owner or owners.
§ 96-5. Storage by borough upon removal.
The borough shall remove or cause to be removed any cart found upon any sidewalk or street and take the same to borough property where it shall be held until redeemed, sold or otherwise disposed of, as hereinafter provided.
§ 96-6. Costs of recovery.
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 that such cart is held by the borough and that said cart may be redeemed upon payment of $5 to the borough.
§ 96-7. Redemption. [Amended 5-4-1988 by Ord. No. 2499-88]
The cart must be redeemed within 15 days after notice that such cart is held by the borough, and such owner shall be entitled to receive such cart upon the payment of the sum of $25. No cart shall be delivered to a person seeking to redeem the same 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 to the borough against any other person claiming to be entitled thereto.
§ 96-8. Disposal at public sale. [Amended 5-4-1988 by Ord. No. 2499-88]
When any cart remains in the custody of the borough for a period of 30 days after 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 any local newspaper that at a specified time and place, not less than five days after such notice is published, such carts will be sold at public auction for not less than $25, plus the cost of advertising said sale. If after said notice of sale is given any person desires to redeem any cart prior to the 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 or carts to be sold shall be sufficient. Said sale shall be conducted by the borough or by such persons as the borough shall designate.
§ 96-9. Disposal if not sold.
If said cart or carts are not sold at public auction, the borough may dismantle, destroy or otherwise dispose of such cart or carts. Any disposition of such cart or carts made pursuant to this chapter shall be made without any liability of the borough to the owner of such cart or other person lawfully entitled thereto or having an interest herein.
§ 96-10. Violations and penalties. [Amended 5-4-1988 by Ord. No. 2499-88]
Any person who shall violate the provisions of this chapter or fail to redeem a cart after notice shall, upon conviction thereof, be punished by a fine not exceeding $25 or imprisonment for a term not exceeding 10 days, or both fine and imprisonment, for the first offense; and by a fine not exceeding $50 or imprisonment for a term not exceeding 30 days, or both fine and imprisonment, for each subsequent offense.
§ 96-11. Severability.
In the event that any section, sentence or clause of this chapter shall be declared unconstitutional by a court of competent jurisdiction, such declaration shall not in any manner prejudice the enforcement of the remaining provisions.
§ 96-12. Repealer.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
§ 96-13. When effective.
This chapter shall take effect immediately upon publication according to law.
