[HISTORY: Adopted by the City Council of
the City of Vineland 1-25-1966 by Ord. No. 553[1] (Ch. 395 of the 1990 Code); amended in its entirety 2-10-2009 by Ord. No.
2009-5. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance specifically
repealed Ord. No. 363.
No person shall remove a grocery or shopping cart from the premises
of any store, shop, market or supermarket.
The owner or person in charge of any store, shop, market or
supermarket supplying carts for the on-premises convenience of shoppers
shall cause to be prominently displayed at all exits therefrom a notice
of the provisions of this chapter relating to prohibition against
removal of carts from the premises and penalties for violation thereof.
The City may impound a shopping cart that has been abandoned
and does not have a sign or notice identifying the owner of the cart,
or the retailer who has written consent from the owner to use the
cart, and listing a valid telephone number or address through which
the owner or retailer can be contacted. Any such shopping cart may
be retrieved by the owner or retailer within five business days of
impoundment upon a payment not to exceed $50 for each occurrence.
An occurrence includes all shopping carts impounded in accordance
with this section during a twenty-four-hour period. After such five
business days, the City may sell or otherwise dispose of such shopping
cart.
A.
The City may impound a shopping cart that has a sign or notice identifying
the owner of the cart, or the retailer who has written consent from
the owner to use the cart, and listing a valid telephone number or
address through which the owner or retailer can be contacted, if all
of the following conditions are met:
(1)
The shopping cart is located outside the premises or parking area
of a retail mercantile establishment.
(2)
The City notifies the owner or retailer of the location of the cart
and allows three business days from the date of such notification
for the owner, retailer, or an authorized agent to retrieve the shopping
cart, unless the immediate removal is necessary to prevent a danger
to public safety.
(3)
The City notifies the owner or retailer upon impoundment of a shopping
cart, and includes information as to how the cart may be retrieved.
(4)
The location that an impounded shopping cart is held is reasonably
convenient to the owner, retailer, or authorized agent, and is open
for business at least six hours of each business day.
(5)
Any fine imposed upon the owner or retailer for an impounded shopping
cart does not exceed $50 for each occurrence for failure to retrieve
shopping carts. An occurrence includes all shopping carts impounded
in accordance with this section during a twenty-four-hour period.
(6)
The owner or retailer is allowed a minimum of five business days
following receipt of notice that a shopping cart has been impounded
to retrieve the cart before it may sell or otherwise dispose of the
cart.
B.
The City may impound a shopping cart that has a sign or notice identifying the owner of the cart, or the retailer who has written consent from the owner to use the cart, and lists a valid telephone number or address through which the owner or retailer can be contacted, without meeting the conditions required by Subsection A(1) through (5) of this section if the City:
(1)
Notifies the owner or retailer within 24 hours of impounding the
shopping cart, and includes information on how the cart may be retrieved;
(2)
Releases the cart to the owner, retailer or authorized agent without
any charge or fine whatsoever, if the owner, retailer, or authorized
agent attempts to retrieve the cart within five business days of notice.
All fines imposed and charges collected under and by virtue
of this chapter shall be paid into the treasury of the City of Vineland.
