Chapter 133: SHOPPING CARTS
[HISTORY: Adopted by the Board of Trustees of the Township of South Orange Village 3-20-1978 as Ord. No. 78-2. Amendments noted where applicable.]
§ 133-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENT — The termination of the immediate use of a cart by a person, described herein, on other than the limited area permitted, when such cart is unattended on any public or private property or street, as defined herein.
CART or SHOPPING CART — Any wheeled vehicle for the transportation of goods, constructed of metal, wire, wood or other material, either hand-drawn or self-propelled, and generally provided by merchants or their agents for carting or carrying goods to checkout counters, automobiles or other vehicles by patrons.
PERSON — A natural person of either sex, corporations, partnerships, associations, joint-stock companies, societies and other entities capable of being sued.
STREET — A street, road, alley, avenue, lane, culvert, highway, boulevard, concourse, driveway, sidewalk and crosswalk and every class of road, square, place or municipal parking area used by the general public.
VILLAGE ADMINISTRATOR — The Administrator of the village and his duly authorized agent, representative or designee.
§ 133-2. Identification cards required.
Any cart used in the village shall have securely attached thereto a plainly visible plastic or metal identification card. The number of the cart, the name and address of its owner and the location of the premises where it is actually available for use shall be legibly printed on such identification card. Duplicate numbers shall be avoided.
§ 133-3. Abandonment unlawful.
A. It shall be unlawful for any person or his agent or employee to abandon or suffer or permit to be abandoned any cart, whether owned by him or in his possession, custody or control, upon any street or other public property, as set forth above, in the village, other than the authorized area or areas described herein.
B. Carts, except those privately owned, shall not be removed beyond the parking-lot area of the market or business, and, if no parking-lot area exists or is full to capacity, carts shall not be removed more than 200 feet from the entrance of the premises on which the market or business is located, and, when the use thereof is concluded and finished, they shall be returned to the premises wherein the parking area is located or, if there be no parking area, into the market building itself.
§ 133-4. Right of entry upon premises for inspection.
The Village Administrator or his duly authorized agent, representative or designee shall, at reasonable hours, be allowed to enter upon premises where carts are provided and available for use for the purpose of inspecting carts for proper identification and otherwise effecting compliance with this chapter.
§ 133-5. Removal and impoundment; redemption; disposition.
The Village Administrator or his duly authorized agent, representative or designee is authorized to remove or cause to be removed and impounded any cart found abandoned in any of the prohibited areas described herein and deliver it to any village owned storage facility available for such purpose. Within five days after the removal of the cart, the Village Administrator shall, by ordinary mail, notify the owner thereof, at the address indicated on the identification card, that the impounded cart may be redeemed for the sum of $15 within five days from the date of such notice for redemption. Where any such property remains unclaimed or unredeemed for a period of five days beyond the date fixed for redemption, or where a cart impounded has no identification card and is not claimed or redeemed within 10 days after impounding, the Village Administrator shall give at least five days’ public notice in a newspaper serving the village, fixing a place, date, time and terms of public sale of such property to the highest bidder. A specific term of such public sale shall be that no cart shall be sold for less than $10.
§ 133-6. Unsold carts.
Where any such cart shall remain unsold at public sale, the Village Administrator may dismantle, destroy or otherwise sell or dispose of such property. Any such public sale or other disposition of the property shall be without liability on the part of the village to the owner of such property or other person having an interest therein.
§ 133-7. Disposition of redemption proceeds; reports.
A. Within 24 hours after such cart property is redeemed or sold, the Village Administrator shall pay over to the Village Treasurer the amount received for such redemption or sale and at the same time deliver to such Treasurer a detailed statement concerning such redemption or sale, including the identity of the property, the name and address of and the amount received from the redemption or sale. He shall also note if any such cart or carts do not have the name and address of the owner affixed thereto.
B. Within 24 hours after a public sale or disposition, other than redemption of such carts, the Village Administrator shall pay over to the Village Treasurer the proceeds of the sale or other disposition of the property and at the same time deliver to such Treasurer a detailed statement, including the identity of the property, the name and address of and the amount paid by the purchaser and/or, if there is no name or address thereon, the amount paid by the purchaser and the cost and expense of such sale.
§ 133-8. Nonapplicability.
The provisions of this chapter shall not apply to any property which may come into the possession or custody of the Police Department or any other Department of the village, pursuant to any other ordinance, law or regulation.
§ 133-9. Violations and penalties. [Amended 2-22-1999 by Ord. No. 99-2]
Any person who shall violate any provision of this chapter shall be subject to punishment as set forth in § 1-20 of this Code. This shall be in addition to any fees for redemption of such property or cost of public sale chargeable to an owner or person entitled to possession of such property as hereinbefore provided.
