[HISTORY: Adopted by the Mayor and Council of the Borough of East Rutherford as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-1-1982 as Sec. 3-4 of the 1982 Recodification]
Any person providing to his customers or patrons shopping carts which, being mounted on wheels, are able to be moved off of the premises of such person shall cause to be placed and maintained upon such shopping carts in a conspicuous manner the name of the owner thereof and shall likewise place and maintain thereon in such conspicuous manner a further notice reading as follows: "The removal of this cart from these premises is prohibited by law."
No person shall move, push or carry any shopping cart belonging to and bearing the name of another person or owner upon any street, sidewalk of other public place or private property other than the premises of the owner of the shopping cart.
[Amended 4-17-2007 by Ord. No. 2007-04]
The person operating a place of business which supplies his shopping carts for the use of his customers or patrons shall keep the sidewalk, parking lots and parking areas in front of his business premises clear of such shopping carts by removing therefrom any shopping carts left thereon by his customers or patrons; provided, however, that he may, while his place of business is open, maintain in a suitable area not interfering with the ingress and egress of customers or patrons on foot or in automobiles a place for the orderly collection of such shopping carts. No person using a shopping cart shall leave the same in any place outside of the premises of the owner other than in the designated outside collection area.
Any business which provides shopping carts for use by its patrons shall be responsible for the recovery of those carts left abandoned within the boundaries of the Borough of East Rutherford.
[Amended 10-17-1995 by Ord. No. 95-11; 4-17-2007 by Ord. No. 2007-04]
For failure to recover within 24 hours those shopping carts removed from the premises, the person or business owning the cart shall be fined in an amount established in Subsection B for each cart not so recovered. In addition, any person who has in its possession a shopping cart not on the property of the owner shall be fined in an amount established in Subsection B.
For any violation of this article for failure to recover abandoned shopping carts, or removal of a cart from the owner's premises, a fine of $250 per cart shall be assessed against the owner of the cart or any person in possession of a cart not on the property of the owner.
[Adopted 4-16-1985 by Ord. No. 85-1]
As used in this article, the following terms shall have the meanings indicated:
- A hand-drawn or propelled vehicle or wheeled container made of metal, wood or other material such as provided by merchants for the use of their customers in carting or carrying goods, wares and merchandise to automobiles or other vehicles.
- Includes any street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, sidewalk, park, public parking lot, public parking area and public places used by the general public.
It shall be unlawful for any persons to leave or suffer or permit to be left any cart, either owned by him or in his possession, custody or control upon any public thoroughfare or upon any private property not his or her own.
Any cart provided or made available for use by any person, his agent or employee shall have securely attached thereto a plainly visible metal or plastic identification tag. The number of the cart, the name and address of its owner and location of the premises where it is actually available for use shall be legibly printed on the identification tag.
The Department of Public Works or members of the Police Department or Borough Ordinance Enforcer Department shall be authorized to enter upon premises at any reasonable hour of a business day where carts are provided for the purpose of inspecting carts for proper identification and otherwise effecting compliance with the provisions of this article.
The Department of Public Works or the Ordinance Enforcer for the borough shall remove or cause to be removed any cart found upon any street and shall take the cart to a place provided by the borough where it shall be held until redeemed, sold or otherwise disposed of as hereinafter provided in this article.
Whenever the Public Works Department or a Borough Ordinance Enforcer shall take any cart into their possession bearing identification of ownership or right to possession, a notice shall be sent by ordinary mail to such person advising him or it that such cart is so being held and stored, and that the cart may be redeemed upon payment to the borough of a fee or charge of $15.
Such a cart may be redeemed by the owner thereof as shown by the identification of ownership or right to possession prior to a sale, dismantling, destruction or disposal thereof, and he or it shall be entitled to receive such cart upon payment of the fee or charge of the sum of $15.
When any cart remains in the custody of the borough for six months after coming into its possession and with respect to which no person has presented to the borough proof establishing to its satisfaction such person's ownership or right to possession, the borough shall give public notice in a newspaper circulating in the borough that, at a specified time and place, such cart will be sold at public auction. The sale shall be conducted by the Borough Clerk or by such other persons as the Mayor and Council shall designate. If after such notice of sale is given, an owner or other person entitled to redeem any cart may, prior to the sale, redeem the cart and pay to the borough or its duly authorized agent the sum of $20.
Upon a redemption or sale of a cart, the proceeds shall be deposited in the general funds of the borough or in such a manner as shall be designated by the Mayor and Council.