[HISTORY: Adopted by the Board of Commissioners (now the
Council) of the City of Perth Amboy. 12-18-57 as Ord.
No. C-589. Section 368-8 amended at time of adoption
of Code; see Ch. 1. General Provisions. Other amendments noted where
applicable]
The following terms, wherever used or referred to in this chapter,
shall have the following respective meanings, which definitions shall
apply in the interpretation and enforcement of this chapter unless
a different meaning clearly appears from the context:
Any rolling or nonrolling basket or container commonly used
in so-called supermarkets or self-service stores.
The Chief of Police of this city and his duly authorized
agent or representative.
The City of Perth Amboy.
The Collector-Treasurer of the City of Perth Amboy.
Includes any individual, firm, corporation, association or
partnership.
Means and includes any cart.
It shall be unlawful for any person, his agent or employee to
leave or abandon or suffer or permit to be left or abandoned any cart,
whether owned by him or in his possession, custody or control, upon
any public street, sidewalk, driveway or municipal parking area in
this city. When any cart is found so left or abandoned, this shall
constitute prima facie evidence that it was left or abandoned by or
with the permission of the owner.
Any cart provided or made available for use by any person, his
agent or employee shall have securely attached thereto a plainly visible
plastic or metal identification tag three and one-half by five (3 1/2
x 5) inches in size. The number of the cart, the name and address
of its owner and the location of the premises where it is actually
available for use shall be legibly printed on said identification
card. Duplicate tag numbers shall be avoided.
The Chief of Police is authorized to enter upon premises at
reasonable hours of a business day where carts are provided and available
for use for the purpose of inspecting carts for proper identification
and otherwise effecting compliance with this chapter.
The Chief of Police is authorized to remove or cause to be removed
and impound any cart found abandoned or left in any of the prohibited
areas described herein and deliver it to any city-owned storage facilities
available for such purpose. Within five (5) days after the removal
of the cart, the Chief of Police shall by ordinary mail notify the
owner thereof at the address indicated on the identification tag that
the impounded cart may be redeemed for the sum of five dollars ($5)
within five (5) days from the date of said notice for redemption.
Where any such property remains unclaimed or unredeemed for a period
of five (5) days beyond the date fixed for redemption or where a cart
impounded has no identification tag and is not claimed or redeemed
within ten (10) days after impounding, the Chief of Police shall give
at least five (5) days' public notice in the Perth Amboy Evening
News, fixing a place, date, time and terms of public sale to the highest
bidder of such property. A specific term of such public sale shall
be that no cart shall be sold for less than ten dollars ($10).
Where any such property shall remain unsold at public sale,
the Chief of Police may dismantle, destroy or otherwise sell or dispose
of such property. Any public sale or other disposition of property
pursuant to this chapter shall be without liability on the part of
the city to the owner of such property or other person lawfully entitled
thereto or having an interest therein.
A.
Within thirty (30) days after such property is redeemed, the Chief
of Police shall pay over to the City Collector-Treasurer the amount
received for said redemption and at the same time deliver to said
Collector-Treasurer a detailed statement concerning said redemption,
including the identity of the property and the name and address of
and the amount received from the redemptor.
B.
Within thirty (30) days after a public sale or disposition other
than redemption of such property, the Chief of Police shall pay over
to the City Collector-Treasurer the proceeds of the sale or other
disposition of the property and at the same time deliver to said Collector-Treasurer
a detailed statement, including the identity of the property, the
name and address of and the amount paid by the purchaser and the costs
and expense of such sale. The Collector-Treasurer shall deduct from
the money realized from such public sale or other disposition of said
property the costs and expenses incurred in addition to the sum of
five dollars ($5) for each cart sold, to cover the costs of its removal
and storage, and pay over the balance after said deductions to the
owner or person entitled to such property as hereinbefore provided.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine of not to exceed five
hundred dollars ($500) or by imprisonment in the county jail for a
period of not to exceed ninety (90) days, or by both such fine and
imprisonment, and each violation of any of the provisions of this
chapter and each day there is a violation thereof shall be deemed
and taken to be a separate and distinct offense. This shall be in
addition to any fees for redemption of such property or costs of public
sale chargeable to an owner or person entitled to possession of such
property as hereinbefore provided.
The provisions of this chapter shall not apply to any property
which may come into the possession or custody of the Police Department
of the city pursuant to any other ordinance, law or regulation.
