PART II, GENERAL LEGISLATION
Chapter 268: Shopping Carts
268-2 Removal from shopping establishment prohibited; violations and penalties.
A. It shall be unlawful for any person to remove a shopping cart, as defined herein, from the property of any store or other business establishment as well as from the business establishment’s parking area. Further, it shall be unlawful for any person or other business establishment to permit or allow any person to remove a shopping cart, as defined herein, from the property of the store or other business establishment or its parking area.
B. In the event of a conviction of this section, the municipal court shall impose a fine set forth more fully in the sections below.
268-3 Leaving upon public property prohibited; violations and penalties.
A. It shall be unlawful for any person, or such persons, agents or employees, to leave or suffer or permit to be left any shopping cart, either owned by such person or in such person’s possession, custody or control, upon any public property as defined above.
B. In the event of conviction of this section, the municipal court shall impose a fine set forth more fully in the sections below.
268-4 Removal by borough when found upon public property.
The Borough shall remove or cause to be removed any shopping cart found upon any public property and shall take same to Borough property, where it shall be held until redeemed, sold or otherwise disposed of as hereinafter provided.
268-5 Procedure for removal and redemption.
A. The Borough of Eatontown shall not impound a shopping cart that has a sign or notice identifying the owner of the shopping cart or the retailer who has written consent from the owner to use the shopping cart, and listing a valid telephone number or address through which the owner or retailer can be contacted, unless the following conditions are met:
(1) The shopping cart is located outside of the premises or parking area of the retail mercantile establishment and on public property as defined above.
(2) The Borough will notify the owner or retailer of the location of the shopping cart and will allow three business days from the date of such notification for the owner, retailer or an authorized agent to retrieve the shopping cart unless the immediate removal is necessary to prevent a danger to public safety.
(3) The Borough shall notify the owner or retailer by certified mail, return receipt requested and regular mail or personal delivery upon impoundment of a shoppingcart, and shall include information as to how the cart may be retrieved.
(4) The location that an impounded shopping cart is held is reasonably convenient to the owner, retailer or authorized agent, and is open for business at least six hours of each business day.
B. Should the owner or retailer of the impounded shopping cart fail to retrieve the shopping cart upon notification, upon conviction of violation of this chapter, the municipal court shall impose a fine not exceeding $50 for each occurrence for failure to retrieve shopping carts. An occurrence includes all shopping carts impounded in accordance with this section during a twenty-four-hour period.
C. The Borough shall allow the owner or retailer a minimum of five business days following receipt of notice that a shopping cart has been impounded to retrieve the shopping cart before a violation is issued and before the cart is sold or otherwise disposed of.
268-6 Impoundment of shopping carts where shopping carts are not identified.
The Borough may impound a shopping cart without compliance with § 268-5 under the following circumstances:
A. The Borough may impound a shopping cart that has a sign or notice identifying the owner of the shopping cart, or the retailer who has written consent from the owner to use the cart, and lists a valid telephone number or address through which the owner or retailer can be contacted, without meeting the conditions required by § 268-5 of this chapter if the Borough follows the following procedures or the following circumstances exist:
(1). The Borough notifies in writing the owner or retailer with 24 hours of impounding the shopping cart, and includes information on how the shopping cart may be retrieved.
(2). The Borough releases the shopping cart to the owner, retailer or authorized agent without any charge or fine whatsoever, if the owner, retailer, or authorized agent attempts to retrieve the cart within five business days of notice.
(3). The Borough has impounded a shopping cart that does not have a sign or a notice identifying the owner of the shopping cart, or the retailer who has written consent from the owner to use the shopping cart, and does not list a valid telephone number or address through which the owner or retailer can be contacted.
B. Under the circumstances set forth in this section, should the owner or retailer be determined through other means rather than notice on the cart and pursuant to the procedures set forth in this section, the owner or retailer may be held in violation of this chapter, in which case the municipal court may fine the owner or retailer a fine not in excess of $50 for each occurrence in violating the aforesaid section. A violation includes all shopping carts impounded in accordance with this section during a twenty-four-hour period.
