[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repealed Ord.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:
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.
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.
