[HISTORY: Adopted by the Mayor and Council of the Borough of Westwood 3-25-1969 by Ord. No. 657-B; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 204.
Property maintenance — See Ch. 260.
Streets and sidewalks — See Ch. 330.
As used in this chapter, the following terms shall have the meanings indicated:
PARKING AREA
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.
PERSON
Includes a person of either sex, a corporation, a partnership, an association, a joint-stock company, societies and other entities capable of being sued.
SHOPPING CART
A push cart of the type or types which are commonly provided by grocery stores, drugstores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and their parking areas.
STREET
Includes any 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 Borough 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 Borough 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 Borough 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 Borough 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 Borough may sell or otherwise dispose of the shopping cart.
B. 
The Borough 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 listing 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) hereinabove if the Borough:
(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 Subsections A and B, employees of the Department of Public Works or the Police Department 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 Subsection A(2), and upon provision of five business days for the retrieval of such shopping cart(s) pursuant to Subsection A(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 Subsection B(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 Subsection A(5) hereinabove. In addition, the Borough shall impose an additional fee of $2 per day for storage of such shopping cart(s) impounded.
E. 
All fines and fees to be paid hereunder shall be to the Treasurer of the Borough of Westwood.
If said shopping cart(s) shall not be sold at public auction, the Borough 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 Borough 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 § 297-2, 297-3 or 297-4 of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty, of the Code of the Borough of Westwood. 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.
B. 
All violations of § 297-5A and B shall be penalized in accordance with the provisions set forth in § 297-5D, i.e., a fine not to exceed $50 per violation and storage fees of $2 per day per impounded shopping cart.