[Ord. 778, 11/5/2012, § 1]
For purposes of this Part only, and unless the context clearly
requires a different meaning, the words, terms and phrases set forth
in this section are defined as follows:
The interior of a cart owner's commercial establishment,
adjacent walkways, any loading area, and the parking area, as defined
herein.
A sign or engraved surface which is permanently affixed to
a shopping cart containing information related to the cart owner.
The owner or operator of a commercial establishment which
provides carts for use by its customers for the purpose of transporting
goods of any kind.
A placard, sign or painted text which meets the requirements
of § 404 of this Part.
Any officer or employee of the Borough designated with the
authority to enforce the applicable provisions of the Borough Code
of Ordinances.
A number unique to each cart owned or provided by a cart
owner.
One or more of the following measures:
Designated containment areas which prevent carts from being
removed from the business premises;
Bollards and chains around the business premises to prevent
cart removal, if applicable and/or permitted; and
Any other measure approved by the cart owner as a means to contain
carts on premises.
A parking lot or other property provided by a commercial
establishment for use by a customer for parking an automobile or other
vehicle.
One of the following, as approved by the Borough: any other
system of equipment utilized on the business premises which physically
contains shopping carts on business premises.
A commercial service, operated by a third party and paid
by a cart owner to retrieve and return shopping carts.
A basket which is mounted on wheels or a similar device provided
by the operator of a commercial establishment for the use of customers
for the purpose of transporting goods of any kind.
[Ord. 778, 11/5/2012, § 2]
1.
Every cart owner shall operate and maintain an on-site cart containment
system. A cart owner may be exempted from this requirement if he or
she provides proof of contracting with a qualified cart retrieval
service and submits an operations plan which demonstrates to the satisfaction
of the Borough that the qualified cart retrieval service will both
actively locate shopping carts within a one-mile radius of the cart
owner's business premises and respond to complaints from the
public in a manner which results in the retrieval of shopping carts
within 24 hours after receiving complaint(s).
2.
Each cart owner must contain all shopping carts on the business premises
at all times.
[Ord. 778, 11/5/2012, § 3]
1.
Any instance in which a shopping cart owned or provided by a cart
owner is found off of the business premises shall be considered a
violation by the cart owner of this Part.
2.
Any cart owner, whether a person, partnership or corporation, which
violates any provision of this Part shall be assessed a civil fine
of not more than $600. Each day that a violation is continued shall
constitute a separate offense. All fines shall be paid to the Borough
for its general use.
3.
The removal of any shopping cart from the business premises shall
be considered a violation of this Part. Any person found in violation
of this § 403.3 of this Part shall be assessed a civil fine
of not more than $300. Each day that a violation is continued shall
constitute a separate offense. All fines shall be paid to the Borough
for its general use.
4.
Nothing herein contained shall prevent the Borough from taking such
other lawful action as is necessary to prevent or remedy any violation.
[Ord. 778, 11/5/2012, § 4]
1.
Every cart owner shall post and maintain cart removal warnings which
shall contain a statement in two or more languages to the effect that
unauthorized removal of a shopping cart from the business premises,
or possession of a shopping cart in a location other than on the business
premises, is a violation of the Borough ordinance. The cart removal
warning shall list a local or toll-free telephone number for the business
premises for the purpose of cart retrieval and shall be affixed to
an interior wall of the building or otherwise permanently and prominently
displayed within two feet of all customer entrances and exits.
2.
Cart removal warnings on the exterior of the building are not considered
"signs" within the meaning of those regulated by the Borough Code
of Ordinances.
[Ord. 778, 11/5/2012, § 5]
1.
Each shopping cart owned or used within the Borough shall have, permanently
affixed and easily visible, a cart identification sign or engraved
surface which includes all of the following information: the name
of the cart owner; the telephone number of the cart owner and/or commercial
establishment to which the cart belongs; the individual cart identification
number, if applicable; a valid toll-free phone number for cart retrieval;
the procedure (if any) to be followed to obtain permission to remove
the cart from the business premises; and a notice to the public that
unauthorized removal of the cart from the business premises is a violation
of the Borough ordinance.
[Ord. 778, 11/5/2012, § 6]
1.
A cart owner shall be required to install a physical containment
system to the satisfaction of the Borough when the cart owner establishes
a facility consisting of more than 5,000 square feet of new construction.
2.
A cart owner may be required to install a physical containment system
to the satisfaction of the Borough and the Borough Solicitor following
10 documented violations in a thirty-day period.
[Ord. 778, 11/5/2012, § 7]
Nothing in this Part is intended to limit the ability of the
Borough to remove or dispose of any cart to which a cart identification
sign is not attached; any cart which has been left abandoned off of
the business premises; any cart which impedes the provision of emergency
services; or any cart which is an immediate threat to public health
and safety, to the full extent permitted by state law.
