[Ord. No. 593, 9/8/1982, § 1; as amended by Ord. No. 599, 12/19/1983]
As used in this Part 4, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
MERCHANT
Any owner or operator of any store or other retail mercantile establishment, or any agent, servant, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or proprietor.
PERSON
Includes any natural person, copartnership, association, firm or corporation. Whenever used in any clause prescribing and imposing a penalty, or both, the term "person" as applied to a copartnership or association, shall mean the partnership or members thereof, and as applied to a corporation, shall be the officers thereof.
PREMISES OF A STORE OR RETAIL MERCANTILE ESTABLISHMENT
The retail mercantile establishment, any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.
SHOPPING CART
Those push carts 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, incidentally, from the stores to a place outside the store.
STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT
A place where merchandise is displayed, held, stored or sold or offered to the public for sale.
[Ord. No. 593, 9/8/1982, § 2]
It shall be unlawful for a merchant to provide shopping carts to be used on or off the premises of a store or retail mercantile establishment without first providing the identity of the premises of the store or retail mercantile establishment and its phone number. Said identification shall be in the form of a tag, sign, or plate located conspicuously on the shopping cart. Further, the merchant providing the shopping cart shall at all times hereafter maintain accurate records reflecting the date, time and name of any person who is authorized or who has given consent to remove the shopping cart from the premises of the store or retail mercantile establishment.
[Ord. No. 593, 9/8/1982, § 3]
It shall be unlawful for a person without the expressed written consent of a merchant or other person authorized to give such consent, to remove a shopping cart from the premises of a store or retail mercantile establishment. It shall not be a defense to prosecution under this section that such person reasonably believed that the merchant or his agent would have consented to the removal of the shopping cart. Further, the absence of any record maintained by the merchant as required by § 6-1002 hereof shall raise a rebuttable presumption that no such consent was given.
[Ord. No. 593, 9/8/1982, § 4; as amended by Ord. No. 784, 4/5/2000, § 2]
It shall be unlawful for a person who owns, leases, or occupies real property in the Borough of Stroudsburg to permit a shopping cart to remain on any private real property within the Borough for a period of more than 24 hours. Any person who owns, leases or occupies real property in the Borough of Stroudsburg and who is not responsible for the removal of a shopping cart from the premises of a store or retail mercantile establishment shall notify the merchant identified on the shopping cart and the Stroud Area Regional Police Department of the location of the shopping cart.
[Ord. No. 593, 9/8/1982, § 5; as amended Ord. No. 784, 4/5/2000, § 2]
Whenever the Stroud Area Regional Police Department finds or is notified that a shopping cart has been stored or permitted to remain on any real property within the Borough, the Chief of Police or his agent shall personally, by mail, or by telephonic communication, notify the merchant or owner of the shopping cart, if such merchant or owner can be ascertained by the exercise of reasonable diligence of the location of the shopping cart. The merchant or owner of the shopping cart shall remove the shopping cart within one hour thereof to an authorized location or return the shopping cart to the premises of the store or retail mercantile establishment.
[Ord. No. 593, 9/8/1982; as amended by Ord. No. 599, 12/19/1983]
Any person, firm or corporation who shall violate any provision of this Part 4 shall, upon conviction thereof, be sentenced to pay a fine of not more than $300, together with costs of prosecution, or to imprisonment for a term not to exceed 30 days.