[HISTORY: Adopted by the City Council of the City of Hackensack 11-18-1957 by Ord. No. 664; amended in its entirety 10-3-2006
by Ord. No. 34-2006. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles and property — See Ch. 168.
As used in this chapter, the following terms shall have the meanings
indicated:
A hand-drawn or propelled vehicle or wheeled container made of metal,
wood or otherwise and such as is generally provided by merchants for the carting
to automobiles or other places of merchandise or foodstuffs.
Includes street, avenue, road, alley, lane, highway, boulevard, concourse,
driveway, culvert and crosswalk and every class of road, square, place, municipal
park, parking field or area, parks or other places used by the general public.
Any device apparatus which uses wheels and which shall be made of
metal, wood or otherwise, provided by merchants for the carting of merchandise
from the premises to automobiles or other places.
It shall be the duty of all owners of premises which make shopping carts
available to their customers to post signs at all entrances and exits advising
the public that anyone possessing a cart, or the owner of property on which
a shopping cart is found, off the premises of the store owner, is subject
to a fine or imprisonment in accordance with the provisions of this chapter.
All shopping carts must be kept in a clearly visible location and have
the name of the store that the shopping cart is associated with. Any designations
of businesses that the shopping cart does not belong to are not allowed on
the shopping cart; excepting, however, the store that the shopping cart is
associated with is permitted to provide advertisement space on the shopping
cart for other businesses.
For a violation of any provision of this chapter, the maximum penalty,
upon conviction thereof, shall be a fine not exceeding $1,000.
Whenever the Superintendent of the Department of Public Works ("DPW")
shall receive any cart containing identification of ownership or right to
possession, a notice within three days shall be sent by ordinary mail to such
person advising that such cart is held by the Department of Public Works and
advising the amount necessary to redeem.
A.
The City authorizes the Superintendent of the Department
of Public Works of the City of Hackensack to remove shopping carts from the
streets, avenues, roads or highways. The owners of such shopping carts can
retrieve such carts upon a payment of a fee in the sum of $50 for this retrieval
and storage. The City shall notify the owners of its possession of the carts
it has removed from the streets. Upon the failure of the owners to pay the
above fee and to pick up the carts within 30 days, the City may dispose of
them as trash or any other means they deem to be appropriate without any further
obligation to the owner of these carts.
B.
The City Manager may also authorize any other City agency
to act in the place and stead of the Department of Public Works as the City
Manager deems appropriate.
Immediately after a cart is redeemed, the Superintendent of the Department
of Public Works shall pay over to the Treasurer of the City the amount received
for redemption, costs and expenses of the article redeemed, together with
an itemized statement thereof.
The provisions of this chapter shall not apply to any cart which may
come into the possession or custody of the Superintendent of the Department
of Public Works pursuant to any other ordinance, law or regulation.