[HISTORY: Adopted by the Township Council of the Township of Cedar Grove 6-7-1971 as Ord. No. 71-6, Ch. 13, Art. 14, of the former Revised Ordinances. Amendments noted where applicable.]
Littering — See Ch. 168.
Public health nuisances — See Ch. 179.
Property maintenance — See Ch. 197.
General police powers — See N.J.S.A. 40:69A-29.
Maintaining streets clear of debris — See N.J.S.A. 40:67-1(g).
As used in this chapter, the following terms shall have the meanings indicated:
- The person who owns or has possession, custody or control of shopping carts which are made available for the use of patrons in connection with the operation of a retail business.
- Includes a natural person, corporation, partnership or association.
- SHOPPING CART or CART
- A cart of the type commonly provided by retail stores and/or supermarkets and used for the convenience of patrons.
- Any street, avenue, road, alley, lane, highway and parking lot, and includes the land between the street lines, whether improved or unimproved, and may comprise pavements, shoulders, gutters, sidewalks, parking areas and other places within the street lines and places used by the general public.
- The Township of Cedar Grove.
The owner or owners of shopping carts used in connection with any retail business and intended for use by patrons shall clearly designate, on each cart, the name of such owner or owners.
It shall be unlawful for any person to remove a shopping cart from the premises of a retail establishment or bring into the Township any shopping carts.
It shall be unlawful for any owner or owners to leave any such cart or permit any such cart to be left unattended or abandoned on any street or public place within the Township of Cedar Grove. Any owner who shall directly or indirectly permit or suffer his customers to take said carts off the business premises of said owner shall be responsible if such carts are abandoned or left unattended on a public street or public place.
The owner shall conspicuously display signs in and outside of store premises prohibiting removal of shopping carts from property.
The Township shall remove or cause to be moved any cart found abandoned or left unattended on any street and shall take the same to Township property, where it shall be held until redeemed, sold or otherwise disposed of as hereinafter provided.
Whenever the Township shall take any cart containing the owner's identification, a notice shall be sent by ordinary mail to such owner advising that the cart is held by the Township and may be redeemed upon payment of $5 to the Township at any time prior to a sale, dismantling or destruction thereof as hereinafter provided. No cart shall be delivered to a person seeking to redeem the same unless such person shall furnish satisfactory evidence of ownership or right to possession.
When any cart remains in the custody of the Township for a period of 15 days after removal, and with respect to which no person has presented to the Township proof establishing to its satisfaction such person's ownership or right to possession, the Township shall give public notice in its official newspaper that, at a specified place and time, not less than five days after such notice is published, such cart will be sold at public auction for not less than $5 plus the costs of advertising the sale. If, after such notice of sale is given, any person desires to redeem any cart prior to the sale, such person shall pay to the Township for redemption the sum of $7.50 plus the costs of advertising the sale. A general description of the cart to be sold shall be sufficient. Said sale shall be conducted by the Township Manager or by such person as the Council shall designate.
If said cart is not sold at public auction, the Township may offer it again for sale or may dismantle, destroy or otherwise dispose of such cart. Any disposition of such cart made pursuant to this chapter shall be without any liability of the Township to the owner of such cart or other person lawfully entitled thereto or having an interest therein.
Upon a redemption or sale of a cart, the proceeds shall be deposited in the general funds of the Township.
[Amended 1-9-1978 by Ord. No. 77-64; 7-30-1984 by Ord. No. 84-222; 10-23-2006 by Ord. No. 06-656]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.