[HISTORY: Adopted by the Mayor and Council
of the Borough of North Arlington 3-12-1991 by Ord. No. 1520 (Ch.
167 of the 1984 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
Includes a person of either sex, corporation, partnership,
association, joint-stock company, society and other entity capable
of being sued.
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.
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 or her agent or employee shall have securely attached
thereto a plainly visible metal or plastic identification tag to indicate
the owner of said cart.
The Superintendent of the Department of Public
Works or any person authorized by him or her shall remove or cause
to be removed any cart found upon any street and shall take said cart
to a place provided by the Borough where it shall be held until redeemed,
sold or otherwise disposed of as hereinafter provided in this chapter.
[Amended 2-9-2006 by Ord.
No. 1953]
Whenever the Superintendent of the Department of Public Works or any person authorized by him or her shall take any cart into his or her possession bearing identification of ownership or right to possession, a notice shall be sent by regular and/or certified mail to such person advising him or her or it that such cart is being held by the Department of Public Works or such duly authorized person, and that said cart must be redeemed within 10 days of the date of said notice upon payment to the Borough of a fee or charge of as provided in § 302-6.
Such cart may be redeemed by the owner thereof
as shown by the identification of ownership at any time prior to sale,
dismantling, destruction or disposal thereof, and he, she or it shall
be entitled to receive such cart upon payment of the fee or charge
of the sum of $25 except as hereinafter specified.
When any cart remains in the custody of the
Superintendent of the Department of Public Works or such duly authorized
person for six months after coming into possession 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 a newspaper circulating in
the Borough that, at a specified time and place, such cart will be
sold at public auction. Said sale shall be conducted by the Business
Administrator or by such other person as the Administrator shall designate.
If, after such notice of sale is given, an owner or other person entitled
to redeem any cart prior to the sale may redeem said cart and pay
the Borough or its duly authorized agent the sum of $50.
Upon a redemption or sale of a cart, the proceeds
shall be deposited in the general funds of the Borough or in such
manner as shall be designated by the Borough Administrator.
