[HISTORY: Adopted by the Mayor and Council
of the Township of North Brunswick 9-2-2008 by Ord. No. 08-20.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Business and commercial establishments — See Ch. 138.
[1]
Editor's Note: This ordinance also repealed
former Ch. 281, Shopping Carts, adopted 9-21-1970, as amended.
For the purposes of this chapter, the terms
used herein are defined as follows:
A parking lot or other property provided by a retailer for
the use of a customer for parking an automobile or other vehicle.
The parking area of a retail mercantile establishment located in a
multistore complex or shopping center shall include the entire area
used by the complex or center.
Includes a person of either sex, corporation, partnership,
association, joint-stock company, societies and other entities capable
of being sued.
A push cart of the type or types which are commonly provided
by grocery stores, drug stores or other retail mercantile establishments
for the use of the public in transporting commodities in stores and
markets and their parking areas.
Includes street, avenue, road, alley, lanes, highway, boulevard,
concourse, driveway, culvert, crosswalk, sidewalk, parks, parking
lots, parking areas and places used by the general public.
Any person providing to his customers or patrons
shopping carts which, being mounted on wheels, are able to be moved
off the premises of such person, shall cause to be placed and maintained
upon such shopping carts in a conspicuous manner the name of the owner
thereof and shall likewise place and maintain thereon in such conspicuous
manner a further notice reading as follows: "The removal of this cart
from these premises is prohibited by law."
No person shall move, push or carry any shopping
carts belonging to and bearing the name of another person or owner
upon any street, sidewalk or other public place or private property
other than the premises of the owner of the shopping cart.
The person operating a place of business which
supplies shopping carts for the use of customers or patrons shall
keep the sidewalk, parking lots and parking areas in front of or upon
his business premises clear of such shopping carts by removing therefrom
any such shopping carts left thereon by his patrons or customers;
provided, however, that he may, while his place of business is open,
maintain in a suitable area a place for the orderly collection of
such shopping carts, provided that such area shall not be so situated
as to interfere with the ingress and egress of customers or patrons
on foot or in automobiles.
A.
The Township shall not impound any shopping cart that
has a sign or notice identifying the owner of the shopping cart, or
the retailer who has written consent from the owner to use the shopping
cart, and listing a valid telephone number or address through which
the owner or retailer may be contacted, unless the following conditions
are met:
(1)
The shopping cart is located outside the premises
or parking area of a retail mercantile establishment;
(2)
The Township notifies the owner or retailer of the
location of the shopping 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 Township notifies the owner or retailer upon impoundment
of a shopping cart, and includes information as to how the shopping
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; and
(6)
The Township must allow the owner or retailer a minimum
of five business days following receipt of notice that a shopping
cart has been impounded to retrieve the shopping cart before the Township
may sell or otherwise dispose of the shopping cart.
B.
The Township may impound a shopping cart that has a sign or notice identifying the owner of the shopping cart, or the retailer who has written consent from the owner to use the shopping 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 § 281-5A hereinabove if the Township:
(1)
Notifies the owner or retailer within 24 hours of
impounding the shopping cart, and includes information on how the
shopping cart may be retrieved; and
(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 shopping cart within
five business days of notice.
C.
In accordance with the provisions of § 281-5A and B, the Department of Public Works, the Police Department or the Department of Community Development are authorized to seize and impound all shopping carts abandoned or otherwise left on public streets, public property or on private property. Upon due notice of such impoundment to the owner, retailer or authorized agent, as set forth in § 281-5A(2), and upon provision of five business days for the retrieval of such shopping cart(s) pursuant to § 281-5A(6) hereinabove, if such shopping cart(s) has not been retrieved by the owner, retailer or authorized agent, such shopping cart(s) may be sold in accordance with the provisions of N.J.S.A. 40A:14-157, at public auction by the Police Department as unclaimed property after a period of six months.
D.
If the owner, retailer or authorized agent of such impounded shopping cart(s) retrieves such shopping cart(s) within the five-business-day retrieval period, no fine shall be imposed upon the owner, pursuant to § 281-5B(2) hereinabove. If the owner, retailer or authorized agent fails to retrieve the shopping cart(s) after such retrieval period, a fine of $50 shall be charged to the owner, retailer or authorized agent, for all shopping carts so impounded in accordance with § 281-5A(5) hereinabove. In addition, the Township shall impose an additional fee of $2 per day charge for storage of such shopping cart(s) impounded.
E.
All fines and fees to be paid hereunder shall be to
the Treasurer of the Township of North Brunswick.
If said shopping cart(s) shall not be sold at
public auction, the Township may dismantle, destroy or otherwise dispose
of such shopping cart(s). Any disposition of such shopping cart(s)
made pursuant to this chapter shall be made without any liability
of the Township to the owner, retailer or authorized agent of such
shopping cart(s) or any other person lawfully entitled thereto or
having an interest therein.
A.
Any person violating or failing to comply with the provisions of § 281-2, 281-3 or 281-4 of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $2,000 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, at the discretion of the Judge. The continuation of such violation on 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.
