As used or referred to in this chapter, the
following terms shall have the meanings indicated:
PUBLIC AREA
Municipal, county, state and federal buildings, public parks,
playgrounds, public parking areas and all means of ingress and egress
pertaining thereto.
PUBLIC STREET
Any and all municipal, county and state streets, avenues,
roads and highways within the Township of Union and embraces the entire
right-of-way thereof, including all installations and facilities therein.
SHOPPING CART
All carts, baskets or containers equipped with wheels and
propelled by human power normally used or intended to be used for
the carting or carrying of merchandise, goods and chattels.
The owner or owners of shopping carts used or
intended for use for the carting or carrying of merchandise, goods
or chattels shall affix a permanent identification to each such shopping
cart, indicating the name and address of the owner thereof.
No person shall leave or abandon or suffer or
permit to be left or abandoned any shopping cart, either owned by
him or in his possession, custody or control, in or upon any public
street or public area.
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 and without
the same being left in or upon any public street or public area shall
be held responsible for leaving, suffering and permitting such shopping
cart to be left in such area, if the shopping cart should be left
in any public street or public area.
The Police Department of the Township of Union
shall remove or cause to be removed any shopping cart found unattended
or abandoned upon any public street or public area and shall take
or cause the same to be taken to any premises within the Township
of Union designated by the Police Department where the same shall
be held until redeemed, sold or destroyed. Within five days after
the removal of the shopping cart, the Police Department shall, by
ordinary mail, notify the owner thereof at the address indicated on
the identification tag that the impounded shopping cart may be redeemed
within 10 days of the date of its taking, said date to be set forth
in such notice, upon the payment of the sum of $10 and thereafter
at any time prior to sale upon the payment of the sum hereinafter
fixed. Failure to give such notice shall not in any way subject the
Police Department or the Township of Union to any liability. The owners
of shopping carts are hereby instructed to make inquiry at police
headquarters respecting the whereabouts of any missing shopping carts
and are not to depend on receipt of any notice from the Police Department.
If such shopping cart is unclaimed or unredeemed for a period of 10
days from the time of its taking, the Police Department shall give
at least five days public notice in a newspaper authorized to accept
legal publications of the Township of Union, fixing a place, date,
time and terms of public sale to the highest bidder of such shopping
carts. One of the terms of such sale shall be that no shopping cart
shall be sold for less than the amount required to be paid for the
redemption of such shopping cart computed in accordance with the provisions
hereinafter set forth.
If the shopping cart is not redeemed within
10 days of its taking, there shall be added to the sum of $10 the
additional sum of $2 for each day such shopping cart remains impounded
beyond the first 10 days, and the total shall be the amount required
to redeem the shopping cart. Such amount may be paid by the owner
of the shopping cart at any time prior to the sale of such shopping
cart, and upon such payment, the shopping cart shall not be sold and
shall be returned to the owner.
In the event any shopping cart shall remain
unredeemed and unsold at public sale, the Police Department may dismantle,
destroy or otherwise dispose thereof.
Any public sale or other disposition of any
shopping cart shall be without liability on the part of the Township
of Union, the Police Department and their agents and employees.
Immediately after a shopping cart is redeemed
or sold, the Chief of Police shall pay over to the Treasurer of the
Township the amount received for redemption or sale, costs and expenses
of the article redeemed or sold, together with an itemized statement
thereof.
[Amended 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No.
3998; 10-26-2004 by Ord. No. 4842]
Any person found guilty of violating this chapter
or any of the provisions thereof shall be punished by one or more
of the following: imprisonment in the county jail or in any other
place provided by the municipality for the detention of prisoners
for any term not exceeding 90 days or by a fine not exceeding $1,250
or by a period of community service not exceeding 90 days, to become
effective on the effective date of this section. The penalty herein
fixed shall be in addition to any fees for redemption or costs of
public sale chargeable as hereinabove set forth.
Nothing herein contained shall prevent or prohibit
the leaving of shopping carts on the outside premises of a market
or store, if the same are placed in an area designated therefor and
so as not to constitute an obstruction or hazard to pedestrians and
operators of motor vehicles. The owner or operator of any store making
use of shopping carts as herein defined shall not be subject to the
penalty provisions of this chapter, if such owner or operator has
constructed and maintains a cart corral or other device which makes
it impossible to roll such shopping cart off the premises upon which
said store is located.