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.
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.
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.