NO. 12 of 2016

An Ordinance of the City of Somers Point, County of Atlantic, New Jersey Amending Chapter 213A of the Code of the City of Somers Point.

Section 1. Repeal of Code Chapter 213A.

Upon the Effective Date of this Ordinance, Code Chapter 213A “Shopping Carts” is hereby repealed in its entirety.

213 (A-3.) Owners and operators of stores supplying carts

All owners and operators of establishments owning and/or supplying carts for the convenience of shoppers, patrons or users will:

(a.) Clearly label, in a visible manner restrictive of removal of same, the name, address and phone number of the store or facility owning or responsible for supplying of carts.

(b.) Be responsible for retrieval of any of its carts as soon as possible and not more than three business days from notification by the City, or any official thereof, of a request to do so by fax, letter, e-mail, or verbal notification. Any that do not do so have violated this chapter.

213 (A-4.) Penalties

An owner or retailer of an impounded shopping cart convicted in Municipal Court of a violation of this chapter shall be fined $50 for each occurrence for failure to retrieve shopping carts. An occurrence includes all shopping carts impounded in accordance with this chapter during a twenty-four-hour period, Sec. 14-51. – Shopping carts.

213 (A-5.) Revocation of Commercial License

The commercial license of an establishment may be subject to revocation for repeated violations if more than 50 carts are retrieved or impounded by the City within any six (6) month period.

213 (A-6.) Right to inspect

The Department of Public Works or members of the Police Department or Code Enforcement Officer shall be authorized to enter upon establishment premises at any reasonable hour of a business day where carts are provided for the purpose of inspecting carts for proper identification and otherwise effecting compliance with the provisions of this chapter.

Section 5.

This ordinance took effect on September 8th 2016, after the final adoption was provided by the Law of the State of New Jersey.

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.