[Ord. No. 593, 9/8/1982, § 1; as amended by Ord. No. 599, 12/19/1983]
As used in this Part 4, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any owner or operator of any store or other retail mercantile
establishment, or any agent, servant, employee, lessee, consignee,
officer, director, franchisee, or independent contractor of such owner
or proprietor.
Includes any natural person, copartnership, association,
firm or corporation. Whenever used in any clause prescribing and imposing
a penalty, or both, the term "person" as applied to a copartnership
or association, shall mean the partnership or members thereof, and
as applied to a corporation, shall be the officers thereof.
The retail mercantile establishment, any common use areas
in shopping centers and all parking areas set aside by a merchant
or on behalf of a merchant for the parking of vehicles for the convenience
of the patrons of such retail mercantile establishment.
Those push carts of the type or types which are commonly
provided by grocery stores, drug stores or other retail mercantile
establishments for the use of the public in transporting commodities
in stores and markets and, incidentally, from the stores to a place
outside the store.
A place where merchandise is displayed, held, stored or sold
or offered to the public for sale.
[Ord. No. 593, 9/8/1982, § 2]
It shall be unlawful for a merchant to provide shopping carts
to be used on or off the premises of a store or retail mercantile
establishment without first providing the identity of the premises
of the store or retail mercantile establishment and its phone number.
Said identification shall be in the form of a tag, sign, or plate
located conspicuously on the shopping cart. Further, the merchant
providing the shopping cart shall at all times hereafter maintain
accurate records reflecting the date, time and name of any person
who is authorized or who has given consent to remove the shopping
cart from the premises of the store or retail mercantile establishment.
[Ord. No. 593, 9/8/1982, § 3]
It shall be unlawful for a person without the expressed written consent of a merchant or other person authorized to give such consent, to remove a shopping cart from the premises of a store or retail mercantile establishment. It shall not be a defense to prosecution under this section that such person reasonably believed that the merchant or his agent would have consented to the removal of the shopping cart. Further, the absence of any record maintained by the merchant as required by § 6-1002 hereof shall raise a rebuttable presumption that no such consent was given.
[Ord. No. 593, 9/8/1982, § 4; as amended by Ord. No. 784, 4/5/2000, § 2]
It shall be unlawful for a person who owns, leases, or occupies
real property in the Borough of Stroudsburg to permit a shopping cart
to remain on any private real property within the Borough for a period
of more than 24 hours. Any person who owns, leases or occupies real
property in the Borough of Stroudsburg and who is not responsible
for the removal of a shopping cart from the premises of a store or
retail mercantile establishment shall notify the merchant identified
on the shopping cart and the Stroud Area Regional Police Department
of the location of the shopping cart.
[Ord. No. 593, 9/8/1982, § 5; as amended Ord. No. 784, 4/5/2000, § 2]
Whenever the Stroud Area Regional Police Department finds or
is notified that a shopping cart has been stored or permitted to remain
on any real property within the Borough, the Chief of Police or his
agent shall personally, by mail, or by telephonic communication, notify
the merchant or owner of the shopping cart, if such merchant or owner
can be ascertained by the exercise of reasonable diligence of the
location of the shopping cart. The merchant or owner of the shopping
cart shall remove the shopping cart within one hour thereof to an
authorized location or return the shopping cart to the premises of
the store or retail mercantile establishment.
[Ord. No. 593, 9/8/1982; as amended by Ord. No. 599, 12/19/1983]
Any person, firm or corporation who shall violate any provision
of this Part 4 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300, together with costs of prosecution,
or to imprisonment for a term not to exceed 30 days.
