City of Vineland, NJ
Cumberland County
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Table of Contents
Table of Contents
[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Editor's Note: This ordinance specifically repealed Ord.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.
Any person violating any provision of this chapter or any rule or regulation promulgated thereunder, upon conviction thereof, shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.