[HISTORY: Adopted by the Borough of Rutherford Council 6-2-1970 by
Ord. No. 2046. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes "street," avenue, road, alley, lane, highway, driveway,
sidewalk, park, parking lot, parking area and places used by the general public.
Includes any individual of either sex, corporation, partnership,
association, joint-stock company, societies and other entities capable of
being sued.
A hand-drawn or propelled vehicle or wheeled container made of metal,
wood or other materials such as is generally provided by merchants for carting
or carrying merchandise or foodstuffs to automobiles; or other places.
It shall be unlawful for any person to remove a cart, as defined herein,
for a distance of more than 500 feet from the property of a mercantile establishment.
It shall be unlawful for any person, his agent or employee to leave,
suffer or permit to be left any cart, either owned by him or in his possession,
custody or control, upon any borough sidewalk or street.
The owner or owners of shopping carts used in connection with any retail
business and intended for use by patrons in carrying articles of merchandise
shall clearly designate on each cart the name and address of such owner or
owners.
The borough shall remove or cause to be removed any cart found upon
any sidewalk or street and 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 identification of
ownership or right to possession, a notice shall be sent by ordinary mail
to such person that such cart is held by the borough and that said cart may
be redeemed upon payment of $5 to the borough.
[Amended 5-4-1988 by Ord.
No. 2499-88]
The cart must be redeemed within 15 days after notice that such cart
is held by the borough, and such owner shall be entitled to receive such cart
upon the payment of the sum of $25. No cart shall be delivered to a person
seeking to redeem the same unless proof is submitted establishing to the satisfaction
of the borough such person's ownership or right to possession. Any delivery
to a person deemed entitled thereto by the borough, from the proof submitted,
shall be an absolute defense to the borough against any other person claiming
to be entitled thereto.
[Amended 5-4-1988 by Ord.
No. 2499-88]
When any cart remains in the custody of the borough for a period of
30 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 any local
newspaper that at a specified time and place, not less than five days after
such notice is published, such carts will be sold at public auction for not
less than $25, plus the cost of advertising said sale. If after said 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 $25, plus the
cost of advertising the sale. A general description of the cart or carts to
be sold shall be sufficient. Said sale shall be conducted by the borough or
by such persons as the borough shall designate.
If said cart or carts are not sold at public auction, the borough may
dismantle, destroy or otherwise dispose of such cart or carts. Any disposition
of such cart or carts made pursuant to this chapter shall be made without
any liability of the borough to the owner of such cart or other person lawfully
entitled thereto or having an interest herein.
[Amended 5-4-1988 by Ord.
No. 2499-88]
Any person who shall violate the provisions of this chapter or fail
to redeem a cart after notice shall, upon conviction thereof, be punished
by a fine not exceeding $25 or imprisonment for a term not exceeding 10 days,
or both fine and imprisonment, for the first offense; and by a fine not exceeding
$50 or imprisonment for a term not exceeding 30 days, or both fine and imprisonment,
for each subsequent offense.
In the event that any section, sentence or clause of this chapter shall
be declared unconstitutional by a court of competent jurisdiction, such declaration
shall not in any manner prejudice the enforcement of the remaining provisions.
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
This chapter shall take effect immediately upon publication according
to law.
