As used in this chapter, the following terms shall have the
meaning 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 parking
area used by the complex or center.
PERSON
A person of either sex, corporation, partnership, association,
joint-stock company, limited liability company, societies and other
entities capable of being sued.
PUBLIC PROPERTY
Includes streets, avenues, roads, alleys, lanes, highways,
boulevards, concourses, driveways, culverts, crosswalks, sidewalks,
parks, parking lots, parking areas and places generally used by the
general public.
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.
The Borough shall remove or cause to be removed any shopping
cart found upon any public property and shall take the same to Borough
property, where it shall be held until redeemed, sold or otherwise
disposed of as hereinafter provided.
When any shopping cart remains in the possession of the Borough for a period set forth in §
371-5 above after removal and with respect to which no person has retrieved said cart from the Borough with proof establishing to the Borough's satisfaction that the person retrieving the cart has sufficient proof of ownership or right of possession, then the Borough shall give public notice in its official newspaper that, at a specified place and time, not less than five days after such notice is published, such shopping cart shall be sold at public auction for not less than $25, plus the cost of advertising the sale. If, after such notice of sale is given, any person desires to redeem any cart prior to sale, such person shall pay to the Borough for redemption the sum of $25 plus the cost of advertising the sale. A general description of the cart shall be sufficient. The sale shall be conducted by the Borough Clerk or such person as the governing body may designate. The redemption costs shall not be exclusive of any penalty or fine issued as a result of a violation of this chapter.
If the shopping cart is not sold at public auction, the Borough
may offer it again for sale or may dismantle, destroy or otherwise
dispose of such shopping cart.
Any disposition of such shopping cart made pursuant to this chapter shall be made without any liability of the Borough to the owner of such shopping cart or person lawfully entitled thereto or having any interest therein. If the shopping cart clearly identifies the owner and the owner is notified pursuant to §
371-5 or
371-6 and the owner does not remove and redeem in accordance with this chapter within the time period prescribed by this chapter and the Borough is unable to dispose of the shopping cart by auction, the Borough Clerk or other designated individual shall certify the cost of disposal to the Borough of Penns Grove and authorize the forwarding of a bill to the owner of the shopping cart for payment of the cost of disposal plus $25 for handling within 30 days of the date of the bill. The amount of these charges shall become a lien upon any land owned by the owner and shall be added to and become part of the taxes to be assessed upon said land, to bear interest at the same rate as taxes not paid. The cost shall be in addition to any penalties imposed for any violation of this chapter.
Upon redemption or sale of the shopping cart, the proceeds shall
be deposited in the general funds of the Borough.
The Zoning Officer, Police Department or other official designated
by the Borough Council shall be authorized to enforce the provisions
of this chapter. Mandatory court appearances shall be required for
all violations of this chapter.
This chapter shall not apply to any shopping cart or personal
property which may come into possession and custody of any department
of the Borough pursuant to any other ordinance, law or regulation.
Use of the public auction or disposition remedy does not preclude
use of other provisions or penalties in this chapter or which are
provided for by law.
In the event of a conviction of a violation of §
371-3 or
371-4 of a person other than the owner subject to §§
371-7,
371-8 and
371-9 of this chapter, the Municipal Court shall impose a penalty as provided in §
1-2 of this Code.