Township of Hazlet, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Hazlet 3-16-1982 by Ord. No. 555-82 as Sec. 6-13 of the 1982 Revised General Ordinances (Ch. 271 of the 1993 Code). Amendments noted where applicable.]

§ 368-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
SHOPPING CART
Any rolling or nonrolling basket or container used in so-called supermarkets or self-service stores.

§ 368-2 Abandonment of carts.

A. 
No person, agent or employee shall leave or abandon or suffer or permit to be left or abandoned, upon any public street, sidewalk, driveway, municipal parking area, drainage right-of-way or any other municipally owned, leased or rented property any shopping cart, whether owned by him or her or in his or her possession, custody or control.
B. 
Any shopping cart found left abandoned shall be prima facie evidence that it was left or abandoned by or with the permission of the owner.

§ 368-3 Identification of carts.

Each shopping cart shall be properly identified by the name of the store or firm imprinted legibly upon the cart during manufacturing or an identification tag approximately 3 1/2 inches by five inches in size shall be securely attached to each cart and which shall have imprinted thereon the name and address of the store and/or firm.

§ 368-4 Inspections.

[Amended 9-21-1993 by Ord. No. 923-93]
At reasonable hours of the business day, the Municipal Administrator or his or her authorized representative shall be authorized to enter any premises where shopping carts are provided and available for use in order to inspect such carts for proper identification and to ensure compliance.

§ 368-5 Removal of abandoned carts; notice to owner; redemption fee.

A. 
The Public Works Department shall be authorized to remove or cause to be removed and impounded any shopping cart found abandoned or left in any prohibited area, as described in § 368-2. It shall deliver the shopping cart to any Township-owned storage facilities available for such purpose.
[Amended 9-21-1993 by Ord. No. 923-93]
B. 
Within 30 days after the removal of the shopping cart, the Public Works Department shall notify, by ordinary mail, the owner of the cart at the address indicated on the shopping cart, if any, or shall notify the store whose name appears on the shopping cart identification tag.
C. 
The notice shall inform the owner that he or she may redeem the impounded cart for $10 within 30 days of the date of the notice for redemption.

§ 368-6 Sale of unclaimed carts; minimum sale value.

A. 
The Public Works Department shall dispose of unidentifiable shopping carts and/or shopping carts which have not been claimed by the date fixed for redemption by giving at least five days' public notice in the official designated newspaper.
B. 
Such public notice shall fix the place, date, time and terms of the public sale to the highest bidder of the impounded carts. A specific term of such public sale shall be that no cart shall be sold for less than $10.

§ 368-7 Disposal of unsold carts; Township not liable.

A. 
If any impounded shopping carts remain unsold at public sale, the Public Works Department may dismantle, destroy, sell or dispose of the unclaimed carts.
B. 
Any public sale or other disposition of the shopping carts shall be without liability on the part of the Township to the owner of the shopping carts or to any other person legally entitled to or having an interest therein.

§ 368-8 Disposition of proceeds; statement of disposition of cart.

[Amended 9-21-1993 by Ord. No. 923-93]
A. 
Within 30 days of the redemption of the property, the Public Works Department shall pay over to the Township Chief Financial Officer the proceeds of the sale or disposition.
B. 
At the same time, the Public Works Department shall deliver to the Township Chief Financial Officer a detailed statement concerning the public sale or disposition. The statement shall include:
(1) 
Identification of the cart.
(2) 
The name and address of the purchaser.
(3) 
The amount paid by the purchaser.
(4) 
Costs and expenses of the public sale or disposition.

§ 368-9 Violations and penalties.

[Amended 9-21-1993 by Ord. No. 923-93]
Any person violating any of the provisions of § 368-2 shall, upon conviction, be punished by the maximum penalties set forth in Chapter 1, General Provisions, Article III, with the exception that any owner redeeming a cart pursuant to § 368-7 shall not be subject to such fine. Each violation shall be deemed to be a separate and distinct offense.