[Ord. 1971, 12/8/2003, § 1]
Over the past three years, the Borough of Pottstown has collected
over 125 abandoned shopping carts from Borough streets, sidewalks,
alleys and other public areas. The Borough has stored the shopping
carts, and despite notifying the owners, the owners have failed to
reclaim their property. Accordingly, the Borough, by default, has
been left with the collection, storage and ultimate disposal of the
shopping carts resulting in the use of Borough manpower and the expenditure
of the Borough funds. Borough Council, therefore, makes the following
findings:
A. Abandoned shopping carts that are left unattended on Borough streets,
sidewalks, alleys and other public places cause a threat to public
health, safety and welfare for pedestrians and motorists.
B. Abandoned shopping carts impact the aesthetics of the Borough streets,
sidewalks, alleys and other public areas causing other trash and debris
to accumulate in these areas.
C. The collection, removal and storage of the shopping carts has required
Borough workers to take additional time and resources to address this
problem, taking them away from their primary duties.
D. The Borough has spent funds to alleviate this problem and additional
funds to dispose of the abandoned shopping carts.
[Ord. 1971, 12/8/2003, § 2]
The purpose of this Part is to create a procedure for the collection,
storage, reclamation and/or ultimate disposal of shopping carts left
abandoned or unclaimed when removed from the owner's property,
but otherwise within the Borough, including the Borough streets, alleys,
sidewalks and other public areas.
[Ord. 1971, 12/8/2003, § 3]
ABANDONED SHOPPING CART — A shopping cart found
by the Borough Code Enforcement Office off site of the premises housing
the entity or business named on the shopping cart.
DISPOSAL FEE
The fee assessed or charged to the property owner associated
with the Borough's disposal of the abandoned shopping cart.
RECLAMATION FEE
The fee assessed or charged against the property owner by
the Borough associated with the Borough's storage and reclamation
of the abandoned shopping cart.
WRITTEN NOTIFICATION
Notice, in writing, by first class mail, to the entity or
business whose name appears on the abandoned shopping cart.
[Ord. 1971, 12/8/2003, § 4]
The following procedures are hereby established for the collection,
storage, reclamation and disposal of all abandoned shopping carts:
A. Any abandoned shopping cart retrieved or otherwise obtained by the
Borough shall be collected and taken to an appropriate Borough controlled
storage area for temporary storage.
B. The Code Enforcement Office shall thereafter ascertain the owner
of the shopping cart, if possible, and provide the owner with written
notification of the location of the shopping cart. The owner shall
have 30 days to reclaim the shopping cart. In the event the owner
reclaims the shopping cart, a reclamation fee shall be paid to the
Borough prior to returning the cart to the owner from the Borough's
storage area.
C. In the event the owner fails to reclaim the shopping cart within
30 days, the Borough may consider the cart abandoned by the owner
and dispose of the shopping cart. Thereafter, the Borough shall provide
written notification to the owner with a bill representing the disposal
fee. The owner shall have 30 days in which to pay the disposal fee
to the Borough. The failure of the owner of the shopping cart to reclaim
the shopping cart or pay the disposal fee shall be a violation of
this Part.
[Ord. 1971, 12/8/2003, § 5]
For purposes of this Part, the initial disposal fee shall be
set at $100 per cart. The reclamation fee shall consist of two components,
with the first being $50 per cart for retrieval and $2 per day for
storage. Any future modifications of the fees established in this
Part shall be made by Borough Council from time to time by resolution.
[Ord. 1971, 12/8/2003, § 6]
Any person found guilty for violating any provisions of this
Part shall pay a fine of not more than $600 and further be responsible
for payment of any fee imposed under this Part, plus a 10% penalty
and interest at 6% from the date the fee originally became due.
[Ord. 1971, 12/8/2003, § 7]
The Pottstown Borough Code Enforcement Office is hereby empowered
to make any additional rules and regulations necessary to effectuate
the purpose and intent of this Part so long as same are not inconsistent
with the provisions herein.