[Ord. No. 1109, § 1]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A hand-drawn or propelled vehicle or wheeled container made
of metal, wood or otherwise, such as is generally provided by merchants
for the carting or carrying to automobiles or other places merchandise
or foodstuffs.
Such term shall include any street, avenue, road, alley,
lane, highway, boulevard, concourse, driveway, culvert or crosswalk
and every class of road, square, place, municipal park, parking field
or area, parks or other places used by the general public.
[Ord. No. 1109, § 2]
It shall be unlawful for any person or his agent or employee
to leave or to suffer or permit to be left any cart, either owned
by him or in his possession, custody or control, upon any street or
sidewalk.
[Ord. No. 1109, § 3]
The Chief of Police shall remove or cause to be removed any
cart found upon any street or sidewalk and shall take the same or
cause the same to be taken to property or premises of the Township
where the same shall be held until redeemed or sold, as provided in
this chapter.
[Ord. No. 1109, § 4]
Whenever the Chief of Police shall receive any cart containing
identification of ownership or right to possession, a notice shall
be sent by ordinary mail to such person, advising that such cart is
held by the Chief of Police and advising the amount necessary to redeem.
[Ord. No. 1109, § 5; amended by Ord. No. 3343, 12-15-1992, § 8]
Any impounded cart may be redeemed by the owner thereof at any
time prior to the sale, dismantling, destruction or disposal thereof,
and he shall be entitled to receive such cart upon tendering the required
fee. In addition, the person seeking to redeem shall pay the cost
of advertising the sale thereof, if any. No cart shall be delivered
to a person seeking to redeem unless proof establishing to the satisfaction
of the Chief of Police such person's ownership or right to possession
is submitted. Any delivery to a person apparently entitled thereto
shall be a good defense to the Township against any other person claiming
to be entitled thereto. The person to whom delivery ought to have
been made may recover the same with interest and costs from the person
to whom the same shall have been delivered.
[Ord. No. 1109, § 6]
Where any impounded cart remains in the custody of the Chief
of Police for a period of 15 days after impoundment and with respect
to which no person has presented to the Chief of Police proof establishing
to his satisfaction such person's ownership or right to possession,
the Township Clerk shall give public notice in the official newspaper
of the Township, advising that at a specified place and time, not
less than five days after such notice is published, such cart shall
be sold at public auction for the best price to be obtained. A general
description in such notice of the cart to be sold shall be sufficient.
Such sale shall be conducted by the Township Manager or by such person
as he may designate.
[Ord. No. 1109, § 7]
In the event that any impounded cart shall remain unsold at
public auction, the Chief of Police may reoffer such cart for sale
at a subsequent public auction held pursuant to this chapter, or he
may dismantle, destroy or otherwise sell or dispose of such cart.
Any such sale or other disposition of such cart pursuant to this chapter
shall be without liability on the part of the Township to the owner
of such cart or other person lawfully entitled thereto or having interest
therein.
[Ord. No. 1109, § 8]
Immediately after an impounded cart is redeemed, the Chief of
Police shall pay over to the Township Treasurer the amount received
for redemption, costs and expenses of the article redeemed, together
with an itemized statement thereof. Immediately after a sale or other
disposition of such cart, the Township Manager or person designated
by him shall pay over to the Township Treasurer the proceeds of sale
or other disposition of such cart, with an itemized statement of the
article sold, the price received and the costs and expenses of sale,
and the Township Treasurer shall retain such proceeds and credit them
to the general fund.
