[HISTORY: Adopted by the Mayor and Council
of the Borough of Ridgefield 11-6-1974 by Ord. No. 992 as Ch. 94 of the 1967
Code. Amendments noted where applicable.]
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
A hand-drawn or -propelled vehicle or wheeled container such
as is generally provided by merchants for the carting or carrying
of merchandise or foodstuffs to automobiles or other places.
Any place which is open to the public or to which the public
is invited, whether maintained or operated separately or in conjunction
with any business or enterprise.
Includes a person of either sex or a corporation, partnership,
association, joint-stock company, societies and other entities capable
of being used.
Includes any street, avenue, road, alley, lane, highway,
boulevard, concourse, driveway, culvert or crosswalk, and every class
of road, square, place, municipal park, parking field or area, parks
or other places used by the general public, and parking yard and parking
place.
Any shopping cart made available for use by
a retail store shall have securely attached thereto proper identification
clearly indicating the name of the owner of the cart.
It shall be unlawful for any person or his agent
or employee to leave or to cause or permit or allow to be left any
cart, either owned by him or in his possession, custody or control,
upon any street or sidewalk or public property.
A.
It shall be unlawful for any person or his agent to
remove a cart from the property of any food or merchandise dispensing
establishment, except where such person removes the cart to a municipal
parking lot or public parking area within 200 feet of such establishment.
[Amended 12-3-1974 by Ord. No. 994]
Every retail business establishment providing
carts, as defined herein, for the intended use of the patrons thereof,
shall display a notice in a conspicuous place at or near the entrance
to said retail business establishment that it is unlawful to leave
or suffer or permit to be left any cart upon any sidewalk, street
or other public place; that it is unlawful for any person to remove
a cart from the property of any food or merchandise dispensing establishment,
except where such person removes the cart to a municipal parking lot
or public parking area within 200 feet of such establishment; and
that violators thereof are subject to fine or imprisonment.
The Department of Public Works shall remove
or cause to be removed any cart found upon any street or sidewalk
or public property and shall take the same or cause the same to be
taken to property or premises of the Department of Public Works where
the same shall be held until redeemed or sold, as provided in this
chapter.
Whenever the Department of Public Works shall
receive any cart containing identification of ownership or right to
possession, a notice shall be sent by ordinary mail to such person,
advising that such cart is held by the Borough and advising the amount
necessary to redeem.
A.
Any impounded cart may be redeemed by the owner thereof
at any time prior to the sale, dismantling, destruction or disposal
thereof, and he shall be entitled to receive such cart upon tendering
the sum of $5.
[Amended 12-3-1974 by Ord. No. 994]
B.
In addition, the person seeking to redeem shall pay
the cost of advertising the sale thereof, if any. No cart shall be
delivered to a person seeking to redeem it unless proof is submitted
establishing to the satisfaction of the Director of the Department
of Public Works such person's ownership or right to possession. Any
delivery to a person apparently entitled thereto shall be a good defense
to the Borough against any other person claiming to be entitled thereto.
[Amended 8-26-1991 as Ord. No. 1451]
[Amended 8-26-1991 as Ord. No. 1451]
Where any impounded cart remains in the custody
of the Department of Public Works for a period of 10 days after impoundment
and with respect to which no person has presented to the Director
proof establishing to his satisfaction such person's ownership or
right to possession, the Director shall give public notice in a newspaper
authorized to publish notices of the Borough advising that at a specified
place and time, not less than five days after such notice is published,
such cart shall be sold at public auction for the best price to be
obtained. A general description in such notice of the cart to be sold
shall be sufficient. Such sale shall be conducted by the Director
or by such person as he or she may designate. In no event shall any
cart be sold for less than the cost of redemption, plus the cost of
advertising.
In the event that any impounded cart shall remain
unsold at public auction, the Department of Public Works may reoffer
such cart for sale at a subsequent public auction held pursuant to
this chapter, or it may dismantle, destroy or otherwise sell or dispose
of such cart.
Any sale or other disposition of such cart pursuant
to this chapter shall be without liability on the part of the Borough
to the owner of such cart or other person lawfully entitled thereto
or having interest therein.
[Amended 8-26-1991 as Ord. No. 1451]
Immediately after an impounded cart is redeemed,
the Department of Public Works shall pay over to the Borough Treasurer
the amount received for redemption costs and expenses of the article
redeemed, together with an itemized statement thereof. Immediately
after a sale or other disposition of such cart, the Director or person
designated by him shall pay over to the Borough Treasurer the proceeds
of the sale or other disposition of such cart, with an itemized statement
of the article sold, the price received and the costs and expenses
of the sale, and the Borough Treasurer shall retain such proceeds
and credit them to the general fund.
[Amended 3-25-1985 by Ord. No. 1281; 6-28-2010 by Ord. No.
2133]
A.
If this chapter of the Code of the Borough of Ridgefield
provides for the licensing or permitting of the violator, the Mayor
and Council of the Borough of Ridgefield reserve the right to revoke
such permit or license.
B.
Any person found guilty of violating this chapter
of the Code of the Borough of Ridgefield shall be subject to a penalty
consisting of a fine or imprisonment, or both, subject to the discretion
of the Judge, the maximum of which shall be the maximum fine or term
of imprisonment permitted to be imposed by the court having jurisdiction
over the violation of this chapter of the Code of the Borough of Ridgefield;
provided, however, that the fine shall not be less than $100 nor more
than $2,000 per offense and the prison term shall not exceed 90 days
in accordance with N.J.S.A. 40:49-5.
C.
In the event of a continuing violation, each day shall
constitute a separate offense.
