ARTICLE XI Shopping Carts [Amended 3-15-2005 by Ord. No. 12-2005]
§ 52-44. Findings and purpose.
A. The governing body of the City of Millville finds and declares that the proliferation of shopping carts found on public property and on private residential property is a nuisance that negatively affects the appearance of the community, adversely impacts property values, and represents a financial loss to the commercial businesses who own the shopping carts.
B. The purpose of these regulations is to prevent the removal of shopping carts from the premises of the commercial businesses who own them, and to provide for the collection and removal of shopping carts found off the commercial premises of the owner.
§ 52-45. Definitions.
As used in this article, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended.
PRESUME — A presumption of law that courts shall draw a particular inference from a particular fact unless and until the truth of such inference is disproved.
§ 52-46. Regulations.
A. It is unlawful for any person to remove a shopping cart from the commercial property of the owner.
B. Shopping carts found on the private property of any person shall be presumed to have been removed from the commercial property by the resident owner or resident tenant of the private property where they were found.
C. Any shopping cart found off the commercial property of the owner shall be considered abandoned and shall be removed by the City and stored on City property for a reasonable time before disposition.
D. The City shall notify the commercial business designated on the shopping cart as the owner that the City has recovered the shopping cart. The owner may recover the shopping cart from the City upon the payment of $10.
E. Commercial businesses who regularly allow customers to use shopping carts in the operation of their business shall make reasonable efforts to prevent the removal of the shopping carts from the commercial property. These efforts shall include:
(1) Posting notices at the commercial business that tell customers that the shopping carts shall not be removed from the premises.
(2) If manpower is available, an employee of the commercial business shall be assigned to the parking lot to recover shopping carts and place them in a stored area and to prevent customers from removing the shopping carts from the premises.
§ 52-47. Violations and penalties.
A person found guilty of an offense under this article shall be subject to a fine up to and including $500, or community service up to and including 30 days or imprisonment up to and including 30 days, in the discretion of the Municipal Court.
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