[Ord. 1971, 12/8/2003, § 1]
Over the past three years, the Borough of Pottstown has collected over 125 abandoned shopping carts from Borough streets, sidewalks, alleys and other public areas. The Borough has stored the shopping carts, and despite notifying the owners, the owners have failed to reclaim their property. Accordingly, the Borough, by default, has been left with the collection, storage and ultimate disposal of the shopping carts resulting in the use of Borough manpower and the expenditure of the Borough funds. Borough Council, therefore, makes the following findings:
Abandoned shopping carts that are left unattended on Borough streets, sidewalks, alleys and other public places cause a threat to public health, safety and welfare for pedestrians and motorists.
Abandoned shopping carts impact the aesthetics of the Borough streets, sidewalks, alleys and other public areas causing other trash and debris to accumulate in these areas.
The collection, removal and storage of the shopping carts has required Borough workers to take additional time and resources to address this problem, taking them away from their primary duties.
The Borough has spent funds to alleviate this problem and additional funds to dispose of the abandoned shopping carts.
[Ord. 1971, 12/8/2003, § 2]
The purpose of this Part is to create a procedure for the collection, storage, reclamation and/or ultimate disposal of shopping carts left abandoned or unclaimed when removed from the owner's property, but otherwise within the Borough, including the Borough streets, alleys, sidewalks and other public areas.
[Ord. 1971, 12/8/2003, § 3]
ABANDONED SHOPPING CART — A shopping cart found by the Borough Code Enforcement Office off site of the premises housing the entity or business named on the shopping cart.
- DISPOSAL FEE
- The fee assessed or charged to the property owner associated with the Borough's disposal of the abandoned shopping cart.
- RECLAMATION FEE
- The fee assessed or charged against the property owner by the Borough associated with the Borough's storage and reclamation of the abandoned shopping cart.
- WRITTEN NOTIFICATION
- Notice, in writing, by first class mail, to the entity or business whose name appears on the abandoned shopping cart.
[Ord. 1971, 12/8/2003, § 4]
The following procedures are hereby established for the collection, storage, reclamation and disposal of all abandoned shopping carts:
Any abandoned shopping cart retrieved or otherwise obtained by the Borough shall be collected and taken to an appropriate Borough controlled storage area for temporary storage.
The Code Enforcement Office shall thereafter ascertain the owner of the shopping cart, if possible, and provide the owner with written notification of the location of the shopping cart. The owner shall have 30 days to reclaim the shopping cart. In the event the owner reclaims the shopping cart, a reclamation fee shall be paid to the Borough prior to returning the cart to the owner from the Borough's storage area.
In the event the owner fails to reclaim the shopping cart within 30 days, the Borough may consider the cart abandoned by the owner and dispose of the shopping cart. Thereafter, the Borough shall provide written notification to the owner with a bill representing the disposal fee. The owner shall have 30 days in which to pay the disposal fee to the Borough. The failure of the owner of the shopping cart to reclaim the shopping cart or pay the disposal fee shall be a violation of this Part.
[Ord. 1971, 12/8/2003, § 5]
For purposes of this Part, the initial disposal fee shall be set at $100 per cart. The reclamation fee shall consist of two components, with the first being $50 per cart for retrieval and $2 per day for storage. Any future modifications of the fees established in this Part shall be made by Borough Council from time to time by resolution.
[Ord. 1971, 12/8/2003, § 6]
Any person found guilty for violating any provisions of this Part shall pay a fine of not more than $600 and further be responsible for payment of any fee imposed under this Part, plus a 10% penalty and interest at 6% from the date the fee originally became due.
[Ord. 1971, 12/8/2003, § 7]
The Pottstown Borough Code Enforcement Office is hereby empowered to make any additional rules and regulations necessary to effectuate the purpose and intent of this Part so long as same are not inconsistent with the provisions herein.