Chapter 273: SHOPPING CARTS

§ 273-1. Removal from commercial establishments.
No person shall remove any grocery or shopping cart from the premises of any commercial establishment, including any store, shop, market or supermarket, etc., in the Township of Montclair.

§ 273-2. Notice to be posted.
The owner or person in charge of any such commercial establishment supplying carts for the on-premises convenience of shoppers shall cause to be prominently displayed at all exits therefrom a notice of the provisions of this chapter relating to the prohibition against removal of carts from the premises and penalties for violations thereof.

§ 273-3. Abandonment of carts in public.
It shall be unlawful for any owner or owners to permit any carts to be left unattended or abandoned on any public streets or public place within the Township of Montclair.

§ 273-4. Retrieval of abandoned carts; charge for return.
Shopping carts abandoned upon any sidewalk, street, public or private parking lot or other property, public or private, in the Township of Montclair, other than upon the premises of the commercial establishment which owns such shopping cart, shall constitute a violation of this chapter and shall be so cited and thereafter picked up by the Township of Montclair and returned to the owner thereof. There shall be a charge of $10 per cart assessed against the owner for the return of these carts, and this charge shall be collected at the time the violation is adjudicated by the appropriate court or municipal officials.

§ 273-5. Violations and penalties.
Any person violating the terms of this chapter shall, upon conviction thereof in the Municipal Court of the Township of Montclair or any other court authorized by law to hear and determine the same, be subject to penalty by a fine of not less than $50 nor more than $1,000 or imprisonment in the county jail not exceeding 30 days, or both.

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.