(HISTORY Adopted by the City Council of the
City of Garfield 5-16-1967 by Ord. No. 1370 (Ch. 213 of the 1979
Code). Amendments noted where applicable.)
GENERAL REFERENCES
Streets and sidewalks - see Ch. 287.
Certain words in this chapter are defined as
follow:
A hand-drawn or -propelled vehicle or wheeled container made
of metal, wood or other material, such as is generally provided by
merchants for the use of their customers in carting or carrying goods,
wares and merchandise to automobiles or other vehicles.
Includes a person of either sex, corporation, partnership,
association, joint-stock company, society and other entity capable
of being sued.
Includes street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert crosswalk, sidewalk, park, public parking
lot, public parking area and public places used by the general public.
[Added 10-14-2008 by Ord. No. 2539]
The provisions of this chapter shall apply only to those shopping
carts that do not have a sign or notice identifying the owner of the
cart, or the retailer who has written consent from the owner to use
the cart, and lists a valid telephone number or address through which
the owner or retailer can be contacted. In all other instances, the
provisions of N.J.S.A. 40:48-2.65 shall apply.
It shall be unlawful for any person to leave
or suffer or permit to be left any cart, either owned by him or her
or in his or her possession, custody or control, upon any public thoroughfare
or upon any private property not his or her own.
Any cart provided or made available for use
by any person, his agent or employee shall have securely attached
thereto a plainly visible metal or plastic identification tag. The
number of the cart, the name and address of its owner and the location
of the premises where it is actually available for use shall be legibly
printed on said identification tag.
The Chief of Police or any person authorized
by him is hereby authorized to enter upon premises at any reasonable
hour of a business day where carts are provided, for the purpose of
inspecting said carts for proper identification and otherwise effecting
compliance with the provisions of this chapter.
The Chief of Police or any person authorized
by him shall remove or cause to be removed any cart found upon any
street and shall take said cart to a place provided by the City where
it shall be held until redeemed, sold or otherwise disposed of as
hereinafter provided in this chapter.
[Amended 9-21-1999 by Ord. No. 2272; 10-9-2001 by Ord. No.
2321]
Whenever the Chief of Police or any person authorized
by him shall take any cart into his possession bearing identification
of ownership or right to possession, a notice shall be sent by ordinary
mail to such person advising him or it that such cart is being held
by the Chief of Police or such duly authorized person and that said
cart may be redeemed upon payment to the City of a fee or charge of
$50.
[Amended 9-21-1999 by Ord. No. 2272; 10-9-2001 by Ord. No.
2321]
Such cart may be redeemed by the owner thereof
as shown by the identification of ownership or right to possession
at any time prior to a sale, dismantling, destruction or disposal
thereof, and he or it shall be entitled to receive such cart upon
payment of the fee or charge of the sum of $50.
[Amended 1-22-2008 by Ord. No. 2519]
When any cart remains in the custody of the
Chief of Police or such duly authorized person for six months after
coming into his possession and with respect to which no person has
presented to the City proof establishing to its satisfaction such
person's ownership or right to possession, the City shall give public
notice in a newspaper circulating in the City that, at a specified
time and place, such cart will be sold at public auction. Said sale
shall be conducted by the City Clerk or by such other person as the
Mayor and Council shall designate. If, after such notice of sale is
given, an owner or other person entitled to redeem any cart desires
to redeem such cart prior to the sale, he may redeem said cart and
pay to the City or its duly authorized agent the sum of $50.
Upon a redemption or sale of a cart, the proceeds
shall be deposited in the general funds of the City or in such manner
as shall be designated by the City Council.
[Amended 5-20-1980 by Ord. No. 1723; 4-25-2006 by Ord. No.
2457]
Any person who shall violate the provisions
of this chapter shall, upon conviction thereof, be punished by one
or more of the following: a fine not exceeding $2,000; imprisonment
for a term not exceeding 90 days; and/or a period of community service
not exceeding 90 days, at the discretion of the Judge.
