(HISTORY Adopted by the City Council of the City of Garfield 5-16-1967 by Ord. No. 1370 (Ch. 213 of the 1979 Code). Amendments noted where applicable.)
GENERAL REFERENCES
Streets and sidewalks - see Ch. 287.
Certain words in this chapter are defined as follow:
CART
A hand-drawn or -propelled vehicle or wheeled container made of metal, wood or other material, such as is generally provided by merchants for the use of their customers in carting or carrying goods, wares and merchandise to automobiles or other vehicles.
PERSON
Includes a person of either sex, corporation, partnership, association, joint-stock company, society and other entity capable of being sued.
STREET
Includes 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.
[Added 10-14-2008 by Ord. No. 2539]
The provisions of this chapter shall apply only to those shopping carts that do not have a sign or notice identifying the owner of the cart, or the retailer who has written consent from the owner to use the cart, and lists a valid telephone number or address through which the owner or retailer can be contacted. In all other instances, the provisions of N.J.S.A. 40:48-2.65 shall apply.
It shall be unlawful for any person to leave or suffer or permit to be left any cart, either owned by him or her or in his or her 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 the location of the premises where it is actually available for use shall be legibly printed on said identification tag.
The Chief of Police or any person authorized by him is hereby authorized to enter upon premises at any reasonable hour of a business day where carts are provided, for the purpose of inspecting said carts for proper identification and otherwise effecting compliance with the provisions of this chapter.
The Chief of Police or any person authorized by him shall remove or cause to be removed any cart found upon any street and shall take said cart to a place provided by the City where it shall be held until redeemed, sold or otherwise disposed of as hereinafter provided in this chapter.
[Amended 9-21-1999 by Ord. No. 2272; 10-9-2001 by Ord. No. 2321]
Whenever the Chief of Police or any person authorized by him shall take any cart into his 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 being held by the Chief of Police or such duly authorized person and that said cart may be redeemed upon payment to the City of a fee or charge of $50.
[Amended 9-21-1999 by Ord. No. 2272; 10-9-2001 by Ord. No. 2321]
Such cart may be redeemed by the owner thereof as shown by the identification of ownership or right to possession at any time 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 $50.
[Amended 1-22-2008 by Ord. No. 2519]
When any cart remains in the custody of the Chief of Police or such duly authorized person for six months after coming into his possession and with respect to which no person has presented to the City proof establishing to its satisfaction such person's ownership or right to possession, the City shall give public notice in a newspaper circulating in the City that, at a specified time and place, such cart will be sold at public auction. Said sale shall be conducted by the City Clerk or by such other person 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 desires to redeem such cart prior to the sale, he may redeem said cart and pay to the City or its duly authorized agent the sum of $50.
[Amended 5-20-1980 by Ord. No. 1723; 4-25-2006 by Ord. No. 2457]
Any person who shall violate the provisions of this chapter shall, upon conviction thereof, be punished by one or more of the following: a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days, at the discretion of the Judge.