[HISTORY: Adopted by the Township Committee
of the Township of Hazlet 3-16-1982 by Ord. No. 555-82 as Sec. 6-13 of the
1982 Revised General Ordinances (Ch. 271 of the 1993 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any rolling or nonrolling basket or container used in so-called
supermarkets or self-service stores.
A.
No person, agent or employee shall leave or abandon
or suffer or permit to be left or abandoned, upon any public street,
sidewalk, driveway, municipal parking area, drainage right-of-way
or any other municipally owned, leased or rented property any shopping
cart, whether owned by him or her or in his or her possession, custody
or control.
B.
Any shopping cart found left abandoned shall be prima
facie evidence that it was left or abandoned by or with the permission
of the owner.
Each shopping cart shall be properly identified
by the name of the store or firm imprinted legibly upon the cart during
manufacturing or an identification tag approximately 3 1/2 inches
by five inches in size shall be securely attached to each cart and
which shall have imprinted thereon the name and address of the store
and/or firm.
[Amended 9-21-1993 by Ord. No. 923-93]
At reasonable hours of the business day, the
Municipal Administrator or his or her authorized representative shall
be authorized to enter any premises where shopping carts are provided
and available for use in order to inspect such carts for proper identification
and to ensure compliance.
A.
The Public Works Department shall be authorized to remove or cause to be removed and impounded any shopping cart found abandoned or left in any prohibited area, as described in § 368-2. It shall deliver the shopping cart to any Township-owned storage facilities available for such purpose.
[Amended 9-21-1993 by Ord. No. 923-93]
B.
Within 30 days after the removal of the shopping cart,
the Public Works Department shall notify, by ordinary mail, the owner
of the cart at the address indicated on the shopping cart, if any,
or shall notify the store whose name appears on the shopping cart
identification tag.
C.
The notice shall inform the owner that he or she may
redeem the impounded cart for $10 within 30 days of the date of the
notice for redemption.
A.
The Public Works Department shall dispose of unidentifiable
shopping carts and/or shopping carts which have not been claimed by
the date fixed for redemption by giving at least five days' public
notice in the official designated newspaper.
B.
Such public notice shall fix the place, date, time
and terms of the public sale to the highest bidder of the impounded
carts. A specific term of such public sale shall be that no cart shall
be sold for less than $10.
A.
If any impounded shopping carts remain unsold at public
sale, the Public Works Department may dismantle, destroy, sell or
dispose of the unclaimed carts.
B.
Any public sale or other disposition of the shopping
carts shall be without liability on the part of the Township to the
owner of the shopping carts or to any other person legally entitled
to or having an interest therein.
[Amended 9-21-1993 by Ord. No. 923-93]
A.
Within 30 days of the redemption of the property,
the Public Works Department shall pay over to the Township Chief Financial
Officer the proceeds of the sale or disposition.
B.
At the same time, the Public Works Department shall
deliver to the Township Chief Financial Officer a detailed statement
concerning the public sale or disposition. The statement shall include:
[Amended 9-21-1993 by Ord. No. 923-93]
Any person violating any of the provisions of § 368-2 shall, upon conviction, be punished by the maximum penalties set forth in Chapter 1, General Provisions, Article III, with the exception that any owner redeeming a cart pursuant to § 368-7 shall not be subject to such fine. Each violation shall be deemed to be a separate and distinct offense.
