[HISTORY: Derived from Ch. III, Sec. 3-6,
of the Revised General Ordinances of the Borough of Fort Lee, 1978,
adopted 3-1-1979. 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.
A physical barrier, consisting of metal poles embedded in
the ground, or a masonry or other wall or structure, capable of preventing
shopping carts from being removed from the premises.
A person of either sex, corporation, partnership, association,
joint-stock company, societies and other entities capable of being
sued.
Includes street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert, crosswalk, sidewalk, parks, parking
lots, parking areas and places used by the general public.
A.
No person shall make any shopping cart or carts available
for use by customers for handling or carrying food, goods or other
merchandise in or about any store or other business establishment
unless the premises on which such store or other business establishment
is located contains a corral, certified by the Building Inspector
to be sufficient to prevent the removal of any such shopping cart
from such premises.
B.
In the event of a violation of this section, the Building
Inspector shall issue a notice of violation, which shall require compliance
within 10 days. Thereafter, the Building Inspector shall issue summonses
for violations of this chapter. In the event of conviction, the Municipal
Court shall fine the offender $100 for the first offense; $250 for
the second offense; and $500 for the third and all following offenses.
A.
It shall be unlawful for any person to remove a cart,
as defined herein, from the property of any store or other business
establishment. Further, it shall be unlawful for any store or other
business establishment to permit or allow any person to remove a cart,
as defined herein, from the property of the store or other business
establishment.
B.
In the event of a conviction of this section, the
Municipal Court shall impose a fine of $25 for the first violation;
$50 for the second violation; and $100 for the third and subsequent
violations.
A.
It shall be unlawful for any person, or such person's
agent or employee, to leave or suffer or permit to be left any cart,
either owned by such person or in such person's possession, custody
or control, upon any sidewalk or street.
B.
In the event of a conviction of this section, the
Municipal Court shall impose a fine of $25 for the first violation;
$50 for the second violation; and $100 for the third and subsequent
violations.
[Amended 9-25-2008 by Ord. No. 2008-40]
A.
The Borough shall impound or cause to be impounded
a cart found upon any sidewalk or street, that has no sign or notice
identifying the owner, where it shall be held until redeemed, sold
or otherwise disposed of as hereinafter provided.
B.
The Borough shall impound or cause to be impounded,
when the following conditions are met, a cart that has 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 listing a valid telephone
number or address through which the owner or retailer can be contacted:
(1)
The cart is located outside the premises or parking
area of a retail mercantile establishment.
(2)
The Borough notifies the owner or retailer of the
location of the cart and allows three business days from the date
of such notification for the owner, retailer, or an authorized agent
to retrieve the cart, unless the immediate removal is necessary to
prevent a danger to public safety.
(3)
The Borough has notified the owner or retailer upon
impoundment of a cart and includes information as to how the cart
may be retrieved.
(4)
The location that an impounded cart is held is reasonably
convenient to the owner, retailer, or authorized agent and is open
for business at least six hours of each business day.
(5)
Any fine imposed upon the owner or retailer for an
impounded cart does not exceed $50 for each occurrence for failure
to retrieve carts. An occurrence includes all carts impounded in accordance
with this section during a twenty-four-hour period.
(6)
The Borough allows the owner or retailer a minimum
of five business days following receipt of notice that a cart has
been impounded to retrieve the cart before it may sell or otherwise
dispose of the cart.
[Amended 9-25-2008 by Ord. No. 2008-40]
Whenever the Borough impounds or causes to be impounded a cart that has 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, without meeting the conditions required in § 339-5 hereof, the Borough shall:
A.
Notify the owner or retailer within 24 hours of impounding
the cart and include information on how the cart may be retrieved;
B.
Release the cart to the owner, retailer or authorized
agent without any charge or fine whatsoever if the owner, retailer,
or authorized agent attempts to retrieve the cart within five business
days of notice.
[Amended 9-25-2008 by Ord. No. 2008-40]
After the expiration of five business days as provided in § 339-6 hereof, a cart may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof, and the owner shall be entitled to receive such cart upon payment of the sum of $25. No cart shall be delivered to a person seeking to redeem unless proof is submitted establishing to the satisfaction of the Borough such person's ownership or right to possession. Any delivery to a person deemed entitled thereto by the Borough from the proof submitted shall be an absolute defense of the Borough against any other person claiming to be entitled thereto.
When any cart remains in the custody of the
Borough for a period of 15 days after the 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 $25, plus the costs of advertising the sale. If, after
such notice of sale is given, any person desires to redeem any cart
prior to sale, such person shall pay to the Borough for redemption
the sum of $25, plus the cost of advertising the sale. A general description
of the cart shall be sufficient. The sale shall be conducted by the
Borough Administrator or by such person as the governing body shall
designate.
If the 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 made 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.
This chapter shall not apply to any cart or
personal property which may come into the possession or custody of
any department of the Borough pursuant to any other ordinance, law
or regulation.
