Township of Lower, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Lower by Ord. No. 82-21 (Sec. 3-20 of the 1975 Code). Amendments noted where applicable.]
It shall be unlawful for owners of shopping carts to suffer, permit or allow the abandonment of shopping carts on property other than the property upon which the business using the shopping carts is conducted. It shall be the responsibility of the owner of the shopping carts to insure that no one removes shopping carts from his or her business property.
[Amended by Ord. No. 82-25]
A. 
The owners of shopping carts shall be required to post signs at all entrances and exits from the owner's building which shall contain the following language:
Pursuant to Local Ordinance No. 82-25, it is unlawful to remove any shopping carts owned by the business establishment from any parking area adjacent to this building. Any person found in actual, constructive, or joint possession of a shopping cart owned by this business establishment other than on the property of this business establishment or the parking area adjacent to this business establishment shall be subject to a maximum fine of $100.
B. 
All such signs shall be no smaller than two feet by two feet and no larger than three feet by three feet.
Abandoned shopping carts shall be picked up by the Township Police Department and held as evidence in a proceeding to be brought against the owner upon the conclusion of any court proceedings in connection therewith. In the event the owner of a shopping cart or shopping carts found abandoned cannot be determined, and such cart or carts shall remain unclaimed for a period of time in excess of 30 days, such shopping cart or carts shall be considered forfeited to the Township of Lower.
[Amended by Ord. No. 82-25]
Any owner of shopping carts who fails to post the required sign as described in § 541-2 of this chapter shall be subject to the imposition of the penalties described herein.
[Amended by Ord. No. 82-25]
There shall be a rebuttable presumption that shopping carts have been stolen whenever they are found on property other than the property upon which the business using such carts is conducted, unless same is found in the possession of the owner or the owner's agent, servant or employee.
[Amended by Ord. No. 82-25]
Any person or association of persons who or which steals any shopping carts in violation of this chapter shall be subject to a fine of not more than $100.