[HISTORY: Adopted by the Borough Council of the Borough of Seaside
Heights 7-1-1998 by Ord. No. 98-11. Amendments noted where applicable.]
No person shall leave or abandon any shopping cart upon the sidewalks,
streets or roadways of the Borough of Seaside Heights.
No merchant, corporate or otherwise, shall provide shopping carts for
the use of his customers without first affixing thereto a permanent tag of
identification setting forth the name and address of the merchant.
[Amended 2-17-1999 by Ord.
No. 99-3]
All such carts abandoned or otherwise left on public streets, public
property or on private property without the express consent of the owner or
tenant thereof or the Borough of Seaside Heights may be seized and impounded
by the Department of Public Works to be sold in accordance with the provisions
of N.J.S.A. 40A:14-157 at public auction as unclaimed property after a period
of six months, unless the owner thereof shall claim them from the Department
of Public Works within said period and pay the sums as provided in this chapter
to cover municipal retrieval and storage costs. Such fees shall be paid to
the Clerk of the Borough of Seaside Heights for the purposes of the Borough
of Seaside Heights.
[Amended 2-17-1999 by Ord.
No. 99-3]
In order to cover municipal retrieval and storage costs, persons wishing
to retrieve an impounded shopping cart shall pay a fee to the Borough Clerk's
office of $10 per cart.
[Added 8-5-1998 by Ord. No.
98-28[1]]
It shall be a violation for anyone within the Borough of Seaside Heights
to:
A.
Possess or have custody of a shopping cart which is the
property of a commercial entity, intended solely for the use of the patrons
of that entity on the property of such entity, where such shopping cart is
in the custody and possession of an individual outside of the property of
the owning commercial entity; or
B.
To abandon a shopping cart on any public or private property
within the borough.
[Amended 8-5-1998 by Ord.
No. 98-28]
Any person violating or failing to comply with any other provision of
this chapter shall, upon conviction thereof, be punishable by a fine of no
less than $100 and no more than $1,000, by imprisonment not to exceed 90 days
or by community service of not more than 90 days, or any combination of fine,
imprisonment and community service, as determined in the discretion of the
Municipal Court Judge. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons allowing
or permitting the continuation of the violation may be punished as provided
above for each separate offense.
