[HISTORY: Adopted by the Mayor and Council
of the Borough of Dumont by Ord.
No. 920 (Secs. 13-49 through 13-56 of the 1970 Revised
Ordinances). Amendments noted where applicable.]
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
A hand-drawn or propelled vehicle or wheeled container made
of metal, wood or otherwise, such as is generally provided by merchants
for the carting or carrying to automobiles or other places of merchandise
or foodstuffs.
Such term shall include any street, avenue, road, alley,
lane, highway, boulevard, concourse, driveway, culvert or crosswalk
and every class of road, square, place, municipal park, parking field
or area, parks or other places used by the general public.
It shall be unlawful for any person or his agent
or employee, to leave or to suffer or permit to be left any cart,
either owned by him or in his possession, custody or control, upon
any street or sidewalk.
The Director of Public Works shall remove or
cause to be removed any cart found upon any street or sidewalk and
shall take the same or cause the same to be taken to property or premises
of the Borough where the same shall be held until redeemed.
Whenever the Director of Public Works shall
receive any cart containing identification of ownership or right to
possession, a notice shall be sent by ordinary mail to such person,
advising that such cart is held by the Director of the Department
of Public Works, and advising the amount necessary to redeem.
Any impounded cart may be redeemed by the owner
thereof at any time prior to the sale, dismantling, destruction or
disposal thereof, and he shall be entitled to receive such cart upon
tendering the sum of $20. In addition, the person seeking to redeem
shall pay the cost of advertising the sale thereof, if any. No cart
shall be delivered to a person seeking to redeem unless proof establishing
to the satisfaction of the Director of Public Works such person's
ownership or right to possession is submitted. Any delivery to a person
apparently entitled thereto shall be a good defense to the Borough
against any other person claiming to be entitled thereto. The person
to whom delivery ought to have been made may recover the same with
interest and costs from the person to whom the same shall have been
delivered.
When any impounded cart remains in the custody
of the Director of Public Works for a period of 15 days after impoundment
and with respect to which no person has presented to the Director
of Public Works proof establishing to his satisfaction such person's
ownership or right to possession, the Borough Clerk shall give public
notice in the official newspaper of the Borough, advising that at
a specified place and time, not less than five days after
such notice is published, such cart shall be sold at public auction
for the best price to be obtained. A general description in such notice
of the cart to be sold shall be sufficient. Such sale shall be conducted
by the Borough Clerk, or by such person as she may designate.
In the event that any impounded cart shall remain
unsold at public auction, the Director of Public Works may reoffer
such cart for sale at a subsequent public auction held pursuant to
this chapter, or he may dismantle, destroy or otherwise sell or dispose
of such cart. Any such sale or other disposition of such cart pursuant
to this chapter shall be without liability on the part of the Borough
to the owner of such cart or other person lawfully entitled thereto
or having interest therein.
Immediately after an impounded cart is redeemed,
the Director of Public Works shall pay over to the Borough Treasurer
the amount received for redemption, costs and expenses of the article
redeemed, together with an itemized statement thereof. Immediately
after a sale or other disposition of such cart, the Borough Clerk
or person designated by her shall pay over to the Borough Treasurer
the proceeds of sale or other disposition of such cart, with an itemized
statement of the article sold, the price received and the costs and
expenses of sale, and the Borough Treasurer shall retain such proceeds
and credit them to the general fund.
