[HISTORY: Adopted by the Borough Council of the Borough of Glen Rock 12-13-1971
by Ord. No. 763 as Ch. VI, Sec. 6-12, of the 1971 Revised
General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 101.
As used in this chapter, the following words shall have the meanings
indicated:
The person who owns or has possession, custody or control of shopping
carts which are made available for the use of patrons in connection with the
operation of a retail business.
A cart of the type commonly provided by retail stores or supermarkets
and used for the convenience of patrons.
Any street, avenue, road, alley, lane, highway and parking lot, and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavements, shoulders, gutters, sidewalks, parking areas and
other places within the street lines and places used by the general public.
The owner of shopping carts used in connection with any retail business
and intended for use by patrons shall clearly designate on each cart the name
of such owner or owners.
It shall be unlawful for any person to remove a shopping cart from the
premises of a retail establishment.
It shall be unlawful for any owner or owners to leave any such cart
or permit any such cart to be left unattended or abandoned on any street or
public place within the borough. Any owner who shall directly or indirectly
permit or suffer his or her customers to take such carts off the business
premises of the owner shall be responsible if such carts are abandoned or
left unattended on a public street or public place or on private property
without the expressed consent of the owner or tenant thereof.
The borough shall remove or cause to be removed any cart found abandoned
or left unattended on any street and shall take the same to borough property
where it shall be held until redeemed, sold or otherwise disposed of as hereinafter
provided.
Whenever the borough shall take any cart containing the owner's identification, a notice shall be sent by ordinary mail to such owner advising that the cart is held by the borough and may be redeemed upon payment as provided in Chapter 101, Fees, to the borough at any time prior to a sale, dismantling or destruction thereof as hereinafter provided. No cart shall be delivered to a person seeking to redeem the same unless such person shall furnish satisfactory evidence of ownership or right to possession.
A.Â
When any cart remains in the custody of the borough for
a period of 15 days after removal and with respect to which no person has
presented to the borough proof establishing to its satisfaction such person's
ownership or right to possession, the borough shall 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 $5, plus the costs of advertising the sale. 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 borough for redemption the sum of $7.50,
plus the costs of advertising the sale. A general description of the cart
to be sold shall be sufficient. The sale shall be conducted by the business
administrator or by such person as the Council shall designate.
B.Â
If such cart is not sold at public auction, the borough
may offer it again for sale or may dismantle, destroy or otherwise dispose
of such cart. Any disposition of such cart made pursuant to this chapter shall
be without any liability of the borough to the owner of such cart or other
person lawfully entitled thereto or having an interest therein.
Upon a redemption or sale of a cart, the proceeds shall be deposited
in the general funds of the borough.
Any person who shall violate the provisions of this chapter shall, upon
conviction thereof, be punished by any combination of the following: a fine
not exceeding $1,000, imprisonment for a term not exceeding 90 days or by
a period of community service not exceeding 90 days.
