CHAPTER 208 – SHOPPING CARTS
208-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
PARKING AREA – A parking lot or other property provided by a retailer for the use of a customer for parking an automobile or other vehicle. The parking area of a retail mercantile establishment located in a multi-store complex or shopping center shall include the entire parking area used by the complex or center.
SHOPPING CART – A pushcart of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and their parking areas.
208-2. Responsibility of commercial entity.
A. Any commercial entity utilizing shopping carts shall be responsible for the care, custody and control of such shopping carts.
B. Any commercial entity utilizing shopping carts shall place a sign or notice on the shopping cart which identifies the owner, retailer or authorized user of the shopping cart, and which also lists a valid telephone number or address through which the owner, retailer or authorized agent can be contacted.
208-3. Impoundment, notice, and retrieval of shopping carts.
A. Any shopping cart(s) located outside the premises or parking area of a retail mercantile establishment may be impounded by the Township of Middle.
B. Within 24 hours of impounding a shopping cart, The Township of Middle shall provide notice to the owner, retailer or authorized user that the Township has impounded the shopping cart, and provide information as to how the cart may be retrieved.
C. The Township of Middle shall hold the shopping cart(s) in a location that is reasonably convenient to the owner, retailer or authorized user, and is open for business at least six hours of each business day.
208-4. Fines.
A. The Township of Middle shall release the shopping cart to the owner, retailer or authorized user without any charge or fine whatsoever if the owner, retailer, or authorized agent makes a reasonable attempt to retrieve the shopping cart within five business days of it receiving notice.
B. The Township of Middle shall release the shopping cart to the owner, retailer or authorized user and shall prior to such release collect a fine of $50 for each day that the shopping cart was impounded if the owner, retailer, or authorized user attempts to retrieve the shopping cart after five business days of it receiving notice.
208-5. Disposal or sale.
If the owner, retailer or authorized user does not retrieve the shopping cart within 30 days of receiving notice, the Township of Middle may sell or dispose of the shopping cart as it sees fit. Proceeds from any sale shall be credited against any fines. Any expenses incurred shall be added to fines imposed.
