Chapter 75A
SHOPPING CARTS

75A-2. Names of owner to be on carts.
The owner or owners of shopping carts used in connection with any retail business
and intended for use by patrons shall clearly designate on each cart the name of
such owner or owners.

75A-3. Removal from premises prohibited.
It shall be unlawful for any person to remove a shopping cart from the premises of a
retail establishment.

75A-4. Responsibility of owner.
It shall be unlawful for any owner or owners to leave any such cart or permit any such
cart to be left unattended or abandoned on any street or public place within the
Borough of Waldwick. Any owner who shall directly or indirectly permit or suffer his
customers to take said carts off the business premises of said owner shall be
responsible if such carts are abandoned or left unattended on a public street or
public place, or on private property without the expressed consent of the owner or
tenant thereof.

75A-5. Borough to remove abandoned carts.
The Borough shall remove or cause to be removed any cart found abandoned or left
unattended on any street and shall take the same to Borough property where it shall
be held until redeemed, sold or otherwise disposed of as hereinafter provided.

75A-6. Notice to owner; redemption.
Whenever the Borough shall take any cart containing the owner’s identification, a
notice shall be sent by ordinary mail to such owner advising that the cart is held by
the Borough and may be redeemed upon payment of five dollars ($5.) to the
Borough at anytime prior to the sale, dismantling or destruction thereof as
hereinafter provided.
No cart shall be delivered to a person seeking to redeem the same unless such
person shall furnish satisfactory evidence of ownership or right to possession.

75A-7. Notice of sale if carts not redeemed.
When any cart remains in the custody of the Borough for a period of fifteen (15)
days after removal and with respect to which no person has presented to the
Borough proof establishing to its satisfaction such person’s ownership or right to
possession, the Borough shall give public notice in its official newspaper that, at a
specified place and time, not less than five (5) days after such notice is published,
such cart will be sold at public auction for not less than five dollars ($5.) plus the
costs of advertising the sale. If after such notice of sale is given, any person desires
to redeem any cart prior to the sale such person shall pay to the Borough for
redemption the sum of five dollars ($5.) plus the costs of advertising the sale. A
general description of the cart to be sold shall be sufficient. Said sale shall be
conducted by the Business Administrator or by such person as the Common
Council shall designate.

75A-8. Disposition if not sold.
If said cart is not sold at public auction, the Borough may offer it again for sale or
may dismantle, destroy or otherwise dispose of such cart. Any disposition of such
cart made pursuant to this ordinance shall be without any liability of the Borough to
the owner of such cart or other person lawfully entitled thereto or having an interest
therein.

75A-9. Disposition of proceeds of sale.
Upon a redemption or sale of a cart, the proceeds shall be deposited in the general
funds of the Borough.

75A-10. Penalties for violation.
See Chapter 1:14.1.

75A-11. Validity.
The invalidity of any section, clause, sentence or provision of this ordinance shall not
affect the validity of any other part of this ordinance which can be given effect without
such invalid part or parts.

75A-12. When effective.
This ordinance shall take effect immediately upon final passage and publication as
required by law.

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.