[HISTORY: Adopted by the City Council of
the City of Bradford 4-8-2008 by Ord. No. 3222.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance provided for
an effective date of 5-1-2008.
As used in this chapter, the following terms
shall have the meanings indicated:
Those pushcarts of the type or types which are commonly provided
by grocery stores, markets and other types of stores for the use of
the public in transporting commodities in stores, markets and other
types of stores and incidentally from the store to a place outside
the store.
Any person who makes any use of any shopping cart belonging to or furnished by the owner of the store, market or shopping center, for assembling or moving of groceries, foodstuffs and allied products there purchased, shall, after such use, return said shopping cart to either the store itself or any shopping corral located in the parking lot. In no instance shall any user remove a shopping cart from the store premises, except persons in compliance with § 177-9 of this chapter.
The owner or person in charge of any commercial
establishment supplying carts for the on-premises convenience of shoppers
shall cause to be prominently displayed at all exits therefrom, as
well as in the parking lot, a notice of the provisions of this chapter
relating to the prohibition against removal of carts from the premises
and penalties for violations thereof.
Any person, firm or corporation who or which
shall violate any provision of this article shall, upon his or its
first conviction thereof, be sentenced to pay a fine of not less than
$25 nor more than $300 and/or to undergo imprisonment for a term of
not to exceed 90 days; upon his or its second conviction thereof,
be sentenced to pay a fine of not less than $100 nor more than $300
and/or to undergo imprisonment for a term of not to exceed 90 days;
upon his or its third conviction thereof, be sentenced to pay a fine
of not less than $200 nor more than $300 and/or to undergo imprisonment
for a term of not to exceed 90 days. Each day that a violation of
this article continues after notice shall constitute a separate offense.
Any shopping cart found abandoned upon the highways,
streets, alleys, sidewalks or other public ways shall be deemed to
be a public nuisance. When an abandoned shopping cart is identified
by the City or its authorized representative, the owner of the cart
shall be notified of the location of said cart and shall be provided
a period of 24 hours before the cart is impounded by the City, during
which time this owner may retrieve the cart and not be subject to
any fine or cost under this chapter. Any unretrieved cart shall be
impounded by the City in a central pound, namely the Public Works
Garage.
The City shall notify the owners of such carts,
setting forth the number of carts so impounded and directing said
owner to redeem the same within 30 days from the date of said notice.
The owner redeeming any such cart shall pay
to the City a pound fee for each cart impounded, upon the release
of said cart by the City. The fee to be paid to the City shall be
$20 per shopping cart.
In the event that any such cart is not redeemed within 30 days from the date of the notice provided for in § 177-5 above, and in the case of a cart which cannot be identified because the same is not properly tagged with the owner's name, the City may proceed to sell such cart or carts by following the procedure set forth in the Uniform Commercial Code, governing warehousemen, namely Subsection 2 of an Act of Assembly dated April 6, 1953, P.L. No. 37-210,[1] as amended.
[1]
Editor's Note: See 13 Pa.C.S.A. § 7210.
Any individual who obtains written permission
from a commercial establishment supplying a shopping cart to take
the cart off the premises is exempt from the provisions of this chapter,
provided that the shopping cart is returned within 24 hours after
leaving the premises.
