[HISTORY: Adopted by the Township Council of the Township of Mount
Holly 7-7-1980 as Sec. 3-11 of Ch. III of the Revised General
Ordinances. Amendments noted where applicable.]
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 other material such as is generally provided by merchants for carting
or carrying merchandise or foodstuffs to automobiles or other places.
Includes street, avenue, road, alley, lanes, highway, boulevard concourse,
driveway, culvert, crosswalk, sidewalk, parks, parking lots, parking areas
and places used by the general public.
Any person providing to his customers or patrons shopping carts which,
being mounted on wheels, are able to be moved off the premises of such person
shall cause to be placed and maintained upon such shopping carts in a conspicuous
manner the name of the owner thereof and shall likewise place and maintain
thereon in such conspicuous manner a further notice reading as follows: "The
removal of this cart from these premises is prohibited by law."
The person operating a place of business which supplies his shopping
carts for the use of customers or patrons shall keep the sidewalk, parking
lots and parking areas in front of or upon his business premises clear of
such shopping carts by removing therefrom any such carts left thereon by his
patrons or customers; provided, however, that he may, while his place of business
is open, maintain in a suitable area a place for the orderly collection of
such shopping carts; provided, however, that such area shall not be so situated
as to interfere with the ingress and egress of customers or patrons on foot
or in automobile.
[Amended 6-12-2000 by Ord.
No. 2000-11]
All such carts abandoned or otherwise left on public streets, public
property or on private property shall be picked up and delivered by the Department
of Public Works to the Police Department. The owners of said carts shall be
notified either personally or by certified mail that the carts are in the
possession of the Police Department and that they will be sold, in accordance
with the provisions of N.J.S.A. 40A:14-157, at public auction as unclaimed
property after a period of six months unless the owner shall claim them from
the Police Department within this period and pay the sum of $100 for each
such cart to cover municipal retrieval costs and storage costs. Such fees
shall be paid into the general municipal treasury.
No person shall remove a shopping cart as defined herein from the property
of the owner nor move, push or carry any shopping cart upon any street, sidewalk
or other public place or private property other than the premises of the owner
of the cart nor leave, suffer or permit to be left any shopping cart upon
any township street, sidewalk or public land.
If the cart shall not be sold at public auction, the township may dismantle,
destroy or otherwise dispose of such cart or carts. Any disposition of such
cart made pursuant to this section shall be without liability of the township,
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 township.
[Added 6-22-1992 by Ord.
No. 1992-5]
Any person in violation of this chapter shall, upon conviction, be punishable
by a fine not to exceed $1,000 or imprisonment for a term of not more than
90 days, or both.
