Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Township of Irvington 6-25-1974 by Ord. No. MC 2413 (Ch. 139, Art. I, §§ 139-34 through 139-42, of the 1981 Revised Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 439.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
CART
Any rolling or nonrolling basket or container used in so-called supermarkets or self-service stores.
A. 
No person, his agent or employee shall leave, abandon or suffer or permit to be left or abandoned upon any public street, sidewalk, driveway or municipal parking area any cart, whether owned by him or in his possession, custody or control.
B. 
Any cart found left abandoned shall be prima facie evidence that it was left or abandoned by or with the permission of the owner.
A. 
Any cart provided or made available for use by any person, his agent or employee shall have securely attached to it a plainly visible plastic or metal identification tag 3 1/2 inches by five inches in size.
B. 
The identification tag shall have legibly printed on it the following information:
(1) 
Number of the cart.
(2) 
Name and address of the owner.
(3) 
Location of the premises where it is actually available for use.
(4) 
"Persons removing carts shall be fined."
C. 
Duplicate tag numbers are prohibited.
D. 
All shopping carts shall have permanently affixed thereon an identification tag with the name, address and telephone number of the owner. Failure to have such an identification tag permanently affixed will require payment of a charge of $12 per shopping cart to the Township of Irvington. In the event that payment is not made, then no retail food establishment or other license is to be issued.
[Amended 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
At reasonable hours of a business day, the Director of Public Works is authorized to enter any premises where carts are provided and available for use in order to inspect such carts for proper identification and to ensure compliance.
A. 
The Director of Public Works is authorized to remove or cause to be removed and impounded any cart found abandoned or left in any prohibited area described in § 508-2. He shall deliver the cart to any Town-owned storage facility available for such purpose.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
B. 
Within 30 days after the removal of the cart, the Director of Public Works shall notify, by ordinary mail, the owner of the cart at the address indicated on the identification tag.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
C. 
The notice shall inform the owner that he may redeem the impounded cart for $12 within 30 days of the date of the notice for redemption.
[Amended 1-13-1981 by Ord. No. MC 2622; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
A. 
If such cart remains unclaimed or unredeemed beyond the date fixed for redemption, identifiable carts shall be delivered to the owner at the address indicated on the identification tags and an additional handling charge of $65 will be made.
[Amended 1-13-1981 by Ord. No. MC 2622; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
B. 
The Director of Public Works shall dispose of unidentifiable carts by giving at least five days' public notice in a newspaper or newspapers circulating in the Town.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
C. 
Such public notice shall fix the place, date, time and terms of the public sale to the highest bidder of the impounded carts. A specific term of such public sale shall be that no cart shall be sold for less than $5.
A. 
If any impounded carts remain unsold at public sale, the Director of Public Works may dismantle, destroy, sell or dispose of the unclaimed carts in any manner.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
B. 
Any public sale or other disposition of the carts shall be without liability on the part of the Township to the owner of the carts or any other person legally entitled to or having an interest therein.
A. 
Within 48 hours of the redemption of the property, the Director of Public Services shall pay over to the Treasurer the amount received for the redemption.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
B. 
At the same time, such Director shall deliver to the Treasurer a detailed statement concerning the redemption. The statement shall include:
(1) 
Identity of the property.
(2) 
Name and address of the redemptor.
(3) 
Amount received from the redemptor.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
A. 
Within 48 hours after a public sale or disposition other than redemption, the Director of Public Works shall pay over to the Treasurer the proceeds of the sale or disposition.
B. 
At the same time, the Director of Public Works shall deliver to the Treasurer a detailed statement concerning the public sale or disposition. The statement shall include:
(1) 
Identity of the cart.
(2) 
Name and address of the purchaser.
(3) 
Amount paid by the purchaser.
(4) 
Cost and expenses of the public sale or disposition.
Any person, association or corporation who shall violate the provisions of this chapter shall, upon conviction, be fined not less than $50 for each violation nor more than $1,000, or imprisoned for a term not to exceed 90 days, or both, at the discretion of the court. Upon a second or subsequent conviction, any person, association or corporation who shall violate the provisions of this chapter shall be fined not less than $100 nor more than $1,000 or imprisoned for a term not to exceed 90 days, or both, at the discretion of the court.