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.
- STREET AND SIDEWALK
- 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, § 1.]
[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; 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.