[HISTORY: Adopted by the Borough Council of the Borough of Glen Rock 12-13-1971 by Ord. No. 763 as Ch. VI, Sec. 6-12, of the 1971 Revised General Ordinances. Amendments noted where applicable.]
Fees — See Ch. 101.
As used in this chapter, the following words 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.
- SHOPPING CART or CART
- A cart of the type commonly provided by retail stores 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 owner 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.
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 borough. Any owner who shall directly or indirectly permit or suffer his or her customers to take such carts off the business premises of the owner shall be responsible if such carts are abandoned or left unattended on a public street or public place or on private property without the expressed consent of the owner or tenant thereof.
The borough shall remove or cause to be removed any cart found abandoned or left unattended on any street and shall take the same to borough property where it shall be held until redeemed, sold or otherwise disposed of as hereinafter provided.
Whenever the borough 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 borough and may be redeemed upon payment as provided in Chapter 101, Fees, to the borough 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 borough for a period of 15 days after removal 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 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 borough 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. The sale shall be conducted by the business administrator or by such person as the Council shall designate.
If such cart is not sold at public auction, the borough 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 borough 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 borough.
Any person who shall violate the provisions of this chapter shall, upon conviction thereof, be punished by any combination of the following: a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days.