[HISTORY: Adopted by the Township Council of the Township of Denville by Ord. No. 13/66 (Ch. 3, Sec. 3-10, of the 1978 Revised General Ordinances); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. III). Subsequent amendments noted where applicable.]
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 customers for parking an automobile or other vehicle. The parking area of a retail mercantile establishment located in a multi-store complex or shopping center shall include the entire parking area used by the complex or center.
- SHOPPING CART
- A pushcart 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 in parking areas.
The owner or owners of shopping carts used in connection with any retail business and intended to be used by patrons in carrying articles of merchandise shall clearly designate on each cart the name of such owner or owners, and have a valid telephone number or address through which the owner or owners of the shopping carts can be contacted.
It shall be unlawful for any person to remove a cart as defined herein from the property of any such retail business. For the purposes of this section, any person who is in possession of any such cart off the premises of such retail business shall be presumed to have removed the cart in violation of this section.
It shall be unlawful for any person, his agent or employee to leave or suffer or permit to be left any cart, either owned by him or in his possession, custody or control, in any public place. "Public place" shall be defined as any and all municipal, county, and state streets, roads or highways, sidewalks, public parks, playgrounds, public parking areas (not on the premises of the retail business owning the cart) and all means of ingress and egress pertaining thereto.
The Township of Denville shall remove or cause to be removed any cart found in any public place other than on the property of the owner of the cart and shall take it to Township property where it shall be held until redeemed, sold or otherwise disposed of, as hereinafter provided.
Prior to the Township impounding any shopping cart that meets the requirements of § 449-2 of this chapter, the Township shall first notify the owner or owners of the location of the shopping cart, and allow the owner or owners a minimum of three business days from the date of such notification to retrieve the shopping cart. Notwithstanding the foregoing, the Township shall be permitted to immediately impound a shopping cart that meets the requirements of § 449-2 of this chapter if the immediate removal of the shopping cart is necessary to prevent a danger to public safety.
No prior notification shall be required to the owner or owners of any shopping cart that does not meet the requirements of § 449-2 of this chapter, and the Township may immediately impound any shopping cart that fails to meet the requirements of that section.
Upon impounding a shopping cart that meets the requirements of § 449-2 of this chapter, the Township shall immediately notify the owner or owners of the shopping cart that the cart has been impounded, and provide the owner or owners with information as to how the shopping cart may be retrieved. The owner or owners of the shopping cart shall be given a minimum of five business days from the date of receiving such notice to retrieve the aforesaid shopping cart, after which time the Township may sell, dismantle, destroy or otherwise dispose of same.
Impounded shopping carts may be redeemed by the owner at any time prior to the sale, dismantling, destruction or disposal thereof, and owners shall be entitled to receive such carts upon payment of the sum of $50 per occurrence. For purposes of this section, an "occurrence" shall include all shopping carts impounded in accordance with this chapter during a twenty-four-hour period. Notwithstanding the foregoing, no fee shall be charged for the redemption of a shopping cart that was impounded, when less than three days' prior notice was given to the owner or owners of the cart. No shopping cart shall be released to a person seeking to redeem, unless proof is submitted establishing to the satisfaction of the Township that person's ownership or right to possession of the aforesaid shopping cart.
When any shopping cart that meets the requirements of § 449-2 of this chapter remains in the custody of the Township for a period exceeding five business days after proper notice has been provided to the owner or owners of the cart, and with respect to which no person has presented to the Township proof establishing to its satisfaction such person's ownership or right to possession, the Township 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, the shopping cart will be sold at public auction for an amount not less than $50.
A general description of the shopping cart to be sold shall be sufficient. The sale shall be conducted by the Township Clerk or by such person as the Township Council shall designate.
If the shopping cart is not sold at public auction, the Township may offer it again for sale or may dismantle, destroy or otherwise dispose of the cart.
Upon a redemption or sale of a cart, the proceeds shall be deposited in the general fund of the Township.
Any person who violates the provisions of §§ 449-2, 449-3 and/or 449-4 of this chapter shall, upon conviction thereof, be punished by a fine of $50 for the first offense and $100 for each subsequent offense.
Nothing herein contained shall prevent or prohibit the leaving of shopping carts on the outside premises of a market or store if the same are placed in an area designated therefor and so as not to constitute an obstruction or hazard to pedestrians and operators of motor vehicles. The owner or operator of any store making use of shopping carts as herein defined shall not be subject to the penalty provisions of this chapter if such owner or operator has constructed and maintains a cart corral or other device which makes it impossible to roll such shopping cart off of the premises upon which said store is located.