[HISTORY: Adopted by the Borough Council of the Borough of Lodi 1-22-2002 by Ord. No. 202-10. Amendments noted where applicable.]
The following words, as set forth in this chapter, shall have the meanings set forth hereafter:
PERSON
Includes either an individual, corporation, partnership, limited liability company, joint-stock company, society or any type business entity.
PRIVATE PROPERTY
Any parcel of land, not publicly owned, unless the owner of such parcel has granted specific written authority to a merchant to allow the use of such property by the merchant.
SHOPPING CART
A hand-drawn or propelled vehicle or wheeled container made of metal, wood, plastic or a combination of same or any other material, such as is generally provided by merchants for the use of their customers in carting or carrying goods, wares and/or merchandise to their automobiles or other vehicles.
STREET
Includes any public thoroughfare, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, sidewalk, park, public parking lot, public area and other public places used by the general public.[1]
[1]
Editor's Note: Original ordinance section 2, Maintenance, which immediately followed this section, was moved to § 375-14 at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Identification tags. Any shopping cart provided or made available for use by any person, his agent or employee, shall have securely attached thereto a plainly visible identification tag which shall set forth the name and telephone number of its owner. This information shall be visible and legible at all times. A failure to have such identification on a shopping cart, whether located within the shopping area or elsewhere, shall be a violation of this chapter.
B. 
Removal of carts from premises prohibited.
(1) 
It shall be unlawful for any person to leave or suffer or permit to be left any shopping cart, either owned by him or in his possession, custody or control, upon any street (as herein defined) or upon any private property not belonging to such person or being leased to such person by the owner of such private property. Each merchant employing the use of such shopping carts shall have the responsibility of taking reasonable precautions as may be requested by the Borough so as to discourage anyone from leaving the shopping area with the shopping cart. Such precautions shall include signs at the exits of the store and the parking area, advising persons that removal of such carts from the parking area is a violation of state statute N.J.S.A. 2C:20-11b(6). Such person making available the use of such shopping carts assumes full responsibility and liability for any such shopping carts located outside the boundaries of his property. Failure of a merchant to comply with the sign requirements herein or any other reasonable regulation requested in writing by the Borough shall be a violation of this chapter.
(2) 
It shall be unlawful for any person to use, move, propel or be in possession of any shopping cart outside the boundaries of a shopping center. Any person found to be in possession, custody or exerting control over any shopping cart outside of said center shall be guilty of a violation of this chapter and subject to the penalties set forth herein.
[Added 10-16-2006 by Ord. No. 707-09]
C. 
Retrieval of cart by owner required. An owner of a cart who fails to retrieve a shopping cart from a street or private place as herein defined within three hours of receiving personal or telephonic notice of same is guilty of a violation of this chapter. The existence of any such shopping cart outside the area permitted hereby, after such notice to the owner, shall be a violation of this chapter, and each such shopping cart so found shall be a separate violation, and the owner of such establishment may be prosecuted for such violation.
D. 
Obligation to redeem. In the event the existence of such shopping cart is made known to the Borough, the Borough shall have the right but not the obligation to retrieve same and to store same at the owner's expense. An owner of such shopping cart which is in the custody of the Borough of Lodi shall have the obligation to redeem same from the Borough and shall pay a redemption fee of $50 per shopping cart. Should an owner fail to redeem any shopping cart within 10 days of receipt of written notice from the Borough, the redemption fee shall be $100 per shopping cart. Should an owner fail to redeem a shopping cart within 30 days of receipt of written notice from the Borough, the shopping cart not so redeemed shall be deemed abandoned trash and may be disposed of by the Borough in any manner it deems fit. In addition, such failure to redeem a shopping cart within said thirty-day period shall be a violation of this chapter, resulting in the penalties set forth herein for such violation. Redemption pursuant to this paragraph shall not be a defense to a charge of violating this chapter.
E. 
Nonliability of Borough. In the event the Borough shall, in the interest of safety and the public welfare, determine to retrieve any such shopping carts, it shall under no circumstances be liable for any damage to or loss of same.
F. 
Proceeds from redemption. All proceeds generated from the redemption of such shopping carts shall be deposited in the general funds of the Borough of Lodi.
Any person who shall violate the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not less than $100 and not exceeding $2,000, imprisonment for a period not exceeding 90 days and/or a period of community service not exceeding 90 days. Each day a person fails to redeem a shopping cart after the thirty-day notice above shall be a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).