Borough of Freehold, NJ
CHAPTER 5.72 (SHOPPING CARTS), SECTION 5.72.040 (ABANDONED CARTS) AND SECTION 5.72.070 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF FREEHOLD
a) WHEREAS, the Mayor and Council have received numerous complaints concerning abandoned shopping carts left throughout the town; and
b) WHEREAS, the Borough has, over the course of several years, been working with local business operators that supply chopping carts for use by patrons, in order to address the problem; and
c) WHEREAS, despite these efforts, the problem has been prevalent, is unsightly and creates impediments to pedestrians and vehicular traffic; and
d) WHEREAS, the governing body has determined that abandoned shopping carts have a negative impact on the community.
NOW THEREFORE BE IT ORDAINED that Chapter 5.72 (Shopping Carts) be amended as follows:
Section 1: Chapter 5.72.040 (Abandoned carts) shall be amended and supplemented as follows:
a) Business operators who supply shopping carts for the use of its customers and patrons shall be responsible for keeping such carts contained on the business premises in an orderly manner. Such business operators shall routinely canvass the Borough and retrieve any of their shopping carts abandoned or otherwise left on public streets, sidewalks, public property or on private property.
b) All shopping carts discovered by the Borough to have been abandoned or otherwise left on public streets, sidewalks, public property or on private property shall be seized and impounded by the Borough. The owner of such carts may claim them from the Borough by paying the sum of $20.00 per cart, or an amount to be established by the Borough by resolution from time to time, for each cart claimed, to cover the municipal retrieval costs, and, in addition thereto, shall pay $1.00 per day, or an amount to be established by the Borough by resolution from time to time, for storage of each such cart. All such carts unclaimed after a period of six months shall be sold, in accordance with the provisions of N.J.S.A. 40:14-157, at public auction as unclaimed property.
c) Any business operator that allows or suffers the removal of shopping carts from its premises shall be in violation of this Chapter.
Section 2: Chapter 5.72.070 Violations-Penalties shall be amended as follows:
a) Any person or entity in violation of this Chapter shall, upon conviction, be punishable by a fine not to exceed two thousand dollars ($2,000.00), or imprisonment for a term of not more than ninety (90) days, or both.
a) All remaining portions of this Chapter shall remain in full force and effect.
a) If any part of this Ordinance shall be deemed invalid such part shall be deemed severable and the invalidity thereof shall not affect the remaining part of this Ordinance.
a) Any Ordinance or portions thereof which are inconsistent with the provisions of this Ordinance are hereby repealed and superseded.
a) This Ordinance shall take effect upon final passage and publication in accordance with Law.
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