Borough of Glassboro, NJ Shopping Carts

No person shall remove any grocery or shopping cart from the premises of any commercial establishment (including any store, shop, market or supermarket, etc.) in the Borough of Glassboro.

The owner or person in charge of any such commercial establishment supplying carts for the on-premises convenience of shoppers shall cause to be prominently displayed at all exits therefrom a notice of the provisions of this chapter relating to prohibition against removal of carts from the premises and penalties for violations thereof.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person violating the terms of this chapter shall, upon conviction therefor in the Municipal Court of the Borough of Glassboro or any other court authorized by law to hear and determine the same, be subject to penalty by a fine not exceeding $2,000, or by imprisonment for not more than 90 days, or a period of community service for not more than 90 days, or any combination thereof.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A.

The Borough shall not impound a shopping cart that has sign or notice identifying the owner of the cart, or the retailer who has written consent from the owner to use the cart, and listing a valid telephone number or address through which the owner or retailer can be contacted, unless the following conditions are met:

(1)

The shopping cart is located outside the premises or parking area of a retail mercantile establishment, unless it is found located in a street, in which event it will be promptly impounded by the Borough;

(2)

The Borough will notify the owner or retailer via email of the location of the cart and allow three business days from the date of such notification for the owner, retailer, or an authorized agent to retrieve the shopping cart;

(3)

The Borough will notify the owner or retailer via email upon impoundment of a shopping cart and include information as to how the cart may be retrieved;

(4)

The Borough will hold the impounded shopping cart at the Highway Department yard, 125 Grove Street, Glassboro, New Jersey, or such other location that may be designated by the Superintendent of the Highway Department and is open for business at least six hours of each business day;

(5)

The Borough will allow the owner or retailer a minimum of five business days following receipt of notice that a shopping cart has been impounded to retrieve the cart before the Borough may sell or otherwise dispose of the cart.

(6)

Whenever the Highway Department or a Code Enforcement Officer shall take any cart into their possession bearing identification of ownership or right to possession, not less than once per week a notice shall be sent by email to the designated representative of the establishment advising that such cart(s) is (are) being held and stored and that the cart may be redeemed upon payment to the Borough of a fee or charge of $50 per cart. Carts may be redeemed by the owner thereof as shown by the identification of ownership or right to possession prior to sale, dismantling, destruction or disposal thereof, and the owner shall be entitled to receive such cart upon payment of the fee or charge of the sum of $50 per cart.

(7)

Any fine imposed upon the owner or retailer for an impounded shopping cart shall not exceed $50 for each occurrence for failure to retrieve shopping carts. An occurrence includes all shopping carts impounded in accordance with this section during a twenty-four-hour period.

B.

The Borough may, at its sole discretion, impound a shopping cart that has a sign or notice identifying the owner of the cart, or the retailer who has written consent from the owner to use the cart, and lists a valid telephone number or address through which the owner or retailer can be contacted, without meeting the conditions required by Subsection A(1) through (6) of this section, if the Borough:

(1)

Notifies the owner or retailer within 24 hours of impounding the shopping cart and includes information on how the cart may be retrieved;

(2)

Releases the cart to the owner, retailer or authorized agent without any charge or fine whatsoever, if the owner, retailer, or authorized agent attempts to retrieve the cart within five business days of notice.

C.

Nothing contained in this section shall preclude or otherwise limit the Borough from impounding a shopping cart that does not have a sign or notice identifying the owner of the cart, or the retailer who has written consent from the owner to use the cart, and lists a valid telephone number or address through which the owner or retailer can be contacted.

All fines imposed and charges collected under and by virtue of this chapter shall be paid into the treasury of the Borough of Glassboro.