[HISTORY: Adopted by the City Council of the City of Vineland 1-25-1966 by Ord. No. 553[1] (Ch. 395 of the 1990 Code); amended in its entirety 3-14-2023 by Ord. No. 2023-17. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance specifically repealed Ord. No. 363.
As used in this chapter, the following terms shall have the meanings indicated:
PARKING AREA
A parking lot or other property provided by a retailer for the use of a customer for parking an automobile or other vehicle. The parking area of a mercantile establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.
SHOPPING CART
A push cart of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and their parking areas.
A. 
No patron of a mercantile establishment shall remove a shopping cart from the parking area of a mercantile establishment without the express consent of the owner of the establishment for purposes of repair or disposal.
B. 
No owner of a retail mercantile establishment shall permit a patron to remove a shopping cart from the parking area of the establishment except for repair or disposal.
A. 
For all shopping carts with valid telephone numbers or addresses through which the owner or retailer can be contacted:
(1) 
Upon providing notice to the telephone number or address thereon, should the retailer or an authorized agent fail to retrieve the shopping cart within three business days from attempted notification and advising of how the cart may be retrieved including its location, the City may impound the shopping cart.
(2) 
Upon failure to retrieve the shopping cart after giving three business days notice at the telephone number and/or address listed on the cart, the City shall impound the shopping cart and notify the retailer or authorized agent at the telephone number and/or address listed on the cart of the impound held by the City and provide the retailer or an authorized agent five business days following notice to retrieve said cart.
(3) 
Upon the failure of the retailer or authorized agent to remove the cart within five business days from the date of notice, or should the cart have no information identifying the owner, the City shall consider the cart abandoned.
(4) 
The City may, in its discretion, impound a shopping cart that has a sign identifying the owner or the retailer without complying with Subsection A(1) through (3) herein above, provided the owner is so notified within 24 hours of impounding the cart and advises the owner or authorized agent of its location. Should the owner remove the cart from impound within five business days of notice, the cart shall be released without any charge or fine.
(5) 
For purposes of this Section, calling the telephone number and leaving a message and/or mailing to the address listed, if any shall be deemed notice.
B. 
Nothing contained in this section shall preclude or otherwise limit the City from impounding a shopping cart that does not have a sign or notice identifying the owner of the cart.
C. 
Any shopping cart impounded and not retrieved in accordance herewith shall be sold by the City to cover the costs incurred by the City for impoundment.
Any person or legal entity convicted of violating any section herein shall be subject to a fine of $50 per Shopping Cart per event.