City of Englewood, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Englewood 10-5-1978 by Ord. No. 2335 as §§ 15-1, 15-21 to 15-32 of the 1978 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Auctions — See Ch. 112.
Obstruction of parking places — See Ch. 307, Art. V.
Street obstructions — See Ch. 380, Art. III.

§ 347-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CART
A hand-drawn or -propelled vehicle or wheeled container made of metal, wood or other material such as is generally provided by merchants for carting or carrying merchandise or foodstuff within a store or to automobiles.
CORRAL
A physical barrier, consisting of metal poles imbedded in the ground, or a masonry or other wall or structure, capable of preventing shopping carts from being removed from the premises.

§ 347-2 Corral required.

No person shall make any shopping cart or carts available for use by customers for handling or carrying food, goods or other merchandise in or about any store or other business establishment unless the premises on which such store or other business establishment is located contains a corral, certified by the Chief Inspector to be sufficient to prevent the removal of any such shopping cart from such premises.

§ 347-3 Removal from premises prohibited.

It shall be unlawful for any person to remove a cart as defined herein from the property of any food-dispensing establishment.

§ 347-4 Leaving upon street or sidewalk prohibited.

No person shall leave or suffer or permit to be left, any cart, either owned by him or in his possession, custody or control, upon any sidewalk or street.

§ 347-5 Removal by City when found upon street or sidewalk.

The City shall remove or cause to be removed any cart found upon any sidewalk or street and shall take same to City property where it shall be held until redeemed, sold or otherwise disposed of, as hereinafter provided.

§ 347-6 Notice of removal and redemption; fee. [1]

Whenever the City shall have taken possession of any cart containing identification as to the ownership or right to possession thereof, a notice shall be sent by ordinary mail to such person advising that such cart is held by the City and that said cart may be redeemed upon payment of a fee of $4 but not to exceed $50 to the City.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 347-7 Redemption by owner; proof of ownership defense to adverse claimant.

A. 
Such cart may be redeemed by the owner thereof or person entitled to possession thereof, at any time prior to a sale, dismantling, destruction or disposal thereof and the owner shall be entitled to receive such cart upon payment of the sum of as provided in § 347-6.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
No cart shall be delivered to a person seeking to redeem, unless proof is submitted establishing to the satisfaction of the City such person's ownership or right to possession, and any delivery to a person deemed entitled thereto by the City, from the proof submitted, shall be an absolute defense of the City against any other person claiming to be entitled thereto.

§ 347-8 Notice of public auction; pre-auction redemption; fees.

A. 
When any cart remains in the custody of the City for a period of 15 days, and no person has presented to the City proof establishing to its satisfaction such person's ownership or right to possession thereof, the City may, at any time thereafter, give public notice in its official newspaper that, at a specified place and time, not less than five days after such notice is published, such cart will be sold at public auction for not less than the sum provided for in § 347-6 plus the costs of advertising the sale.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
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 City, for redemption, the sum of as provided in 347-6 plus the costs of advertising the sale.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The aforesaid notice shall be sufficient if it contains a general description of the cart to be sold.
D. 
The aforesaid sale shall be conducted by the City Clerk or by such person as the Council shall designate.

§ 347-9 Disposition of unsold carts.

If such cart is not sold at public auction, the City may offer it again for sale or may dismantle, destroy or otherwise dispose of such cart.

§ 347-10 City not liable to owner.

Any disposition of such cart made pursuant to this chapter shall be without any liability of the City to the owner of such cart or other person lawfully entitled thereto or having an interest therein.

§ 347-11 Disposition of redemption proceeds.

Upon a redemption or sale of a cart, the proceeds shall be deposited in the general funds of the City.

§ 347-12 Construction and applicability of article.

This chapter shall not apply to any cart or personal property which may come into the possession or custody of any department of the City pursuant to any other ordinance, law or regulation.

§ 347-13 Violations and penalties.

[Amended 2-6-1990 by Ord. No. 90-02]
A. 
Any person who violates any provision of this chapter shall upon conviction thereof be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both.
B. 
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.