Chapter 143 Shopping Carts

143-2 Removal Off Premises Prohibited

A. Owners of shopping carts shall not permit shopping carts to be removed from their buildings or premises.

B. No person shall remove a shopping cart from any premises which makes it available to the public without the consent of the owner or operator of said premises.

143-3 Posting of Signs
It shall be the duty of all owners of premises which make shopping carts available to their customers to post signs at all entrances and exits advising the public that anyone possessing a cart, or the owner of property on which a shopping cart is found, off the premises of the store owner, is subject to a fine or imprisonment in accordance with the provisions of this chapter.

143-4 Shopping Cart Identification
All shopping carts must be kept in a clearly visible location and have the name of the store that the shopping cart is associated with. Any designations of businesses that the shopping cart does not belong to are not allowed on the shopping cart; excepting, however, the store that the shopping cart is associated with is permitted to provide advertisement space on the shopping cart for other businesses.

143-6 Notification to Owner
Whenever the Superintendent of the Department of Public Works (“DPW”) shall receive any cart containing identification of ownership or right to possession, a notice within three days shall be sent by ordinary mail to such person advising that such cart is held by the Department of Public Works and advising the amount necessary to redeem.

143-7 Impound, recovery and disposal of carts
A. The City authorizes the Superintendent of the Department of Public Works of the City of Hackensack to remove shopping carts from the streets, avenues, roads or highways. The owners of such shopping carts can retrieve such carts upon a payment of a fee in the sum of $50 for this retrieval and storage. The City shall notify the owners of its possession of the carts it has removed from the streets. Upon the failure of the owners to pay the above fee and to pick up the carts within 30 days, the City may dispose of them as trash or any other means they deem to be appropriate without any further obligation to the owner of these carts.
B. The City Manager may also authorize any other City agency to act in the place and stead of the Department of Public Works as the City Manager deems appropriate.

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.