[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield 7-13-1965 as Art. 5 of Ch. 11 of the 1964 Code
(Ch. 160 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 409.
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:
The Borough of South Plainfield.
The Borough Treasurer of this Borough.
Any rolling or nonrolling basket or container commonly used
in so-called supermarkets or self-service stores.
The Chief of Police of this Borough and his duly authorized
agent or representative.
Any individual, firm, corporation, association or partnership.
Any cart.
[Amended 2-28-1991 by Ord. No. 1229.]
No person shall leave or abandon or suffer or
permit to be left or abandoned any shopping cart in or upon any public
street, sidewalk, public or quasi-public area, and all persons shall
be required, when taking a shopping cart from any store premises,
to immediately return the same to the store premises from which it
was obtained.
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 3 1/2
inches by five inches in size. 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 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 Borough-owned storage facilities available for such purpose. Within
five 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 $5 within five days from the date of said notice for
redemption. Where any such property remains unclaimed or unredeemed
for a period of five days beyond the date fixed for redemption or
where a cart impounded has no identification tag and is not claimed
or redeemed within 10 days after impounding, the Chief of Police shall
give at least five days' public notice in the Suburban Review, 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 $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 Borough to the owner of such property or other person
lawfully entitled thereto or having an interest therein.
A.
Within 30 days after such property is redeemed, the
Chief of Police shall pay over to the Borough Treasurer the amount
received for said redemption and at the same time deliver to said
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 30 days after a public sale or disposition
other than redemption of such property, the Chief of Police shall
pay over to the Borough Treasurer the proceeds of the sale or other
disposition of the property and at the same time deliver to said 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 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 $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.
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 Borough pursuant to any other ordinance,
law or regulation.
[Added 2-28-1991 by Ord. No. 1229]
Any owner or merchant who permits a shopping
cart to be taken out of the store premises and fails to maintain such
control thereof as will accomplish its return promptly without the
same being left in or upon any public street, sidewalk or public or
quasi-public area shall be held responsible for leaving and permitting
such shopping cart to be left in such area.
[Added 2-28-1991 by Ord. No. 1229]
Nothing herein contained shall prevent or prohibit
the leaving of shopping carts outside a store or market premises if
the same are placed in an area specifically designated therefor by
the owner so as not to create an obstruction, interference or hazard
to pedestrians or operators of motor vehicles.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine of not
to exceed $50 or by imprisonment in the county jail for a period of
not to exceed 30 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.
