[HISTORY: Adopted by the City Council of
the City of Somers Point 9-8-2016 by Ord. No. 12-2016.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 213A, Shopping Carts, adopted 10-28-2004 by Ord. No.
18-2004, as amended.
A.
Whereas, due to the proliferation of abandoned shopping carts within
public rights-of-way, and the failure of shopping cart owners to take
remedial action to prevent the removal of carts or the implementation
of an effective procedure to retrieve carts which have been removed
from their premises, resulting in the presence within the City of
unwarranted safety hazards, imposition of an undue burden upon the
City Department of Public Works, and an unnecessary utilization of
resources and expenditure of taxpayer funds to address the problem;
and
B.
Whereas, City Council has attempted to encourage cart owners to implement
programs designed to alleviate the problems caused by abandonment
of carts but with no satisfactory results; and
C.
Whereas, the City Council finds and determines that shopping carts
left within streets, on municipal property, and in other public rights-of-way
impede the flow of pedestrian and vehicular traffic, and present an
added impediment to people with disabilities; and
D.
Whereas, the United States Occupational and Health Administration
recognizes the hazards of unsecured shopping carts and encourages
store owners to keep shopping carts and other potential obstacles
or projectiles inside of stores and away from entrances during special
sales and promotional events in recognition of those safety hazards
presented; and
E.
Whereas, the City Council finds and determines that shopping carts
left in a street (as hereinafter defined):
(1)
Create a dangerous attractive nuisance, particularly for minor children
who are most prone to injury from shopping cart accidents;
(2)
Create a distraction to drivers seeking to avoid contact with the
carts or prevent being struck by a moving cart;
(3)
Adversely affect the preservation of the City's character due
to unsightly clutter and create a potential diminution of property
values;
(4)
Are detrimental to the public safety, health and welfare;
(5)
Constitute a public nuisance; and
(6)
By their presence in and on a street require immediate removal necessary
to prevent a danger to public safety; and
F.
Whereas, it is the intent and purpose of this action by City Council
to establish and enact regulations governing the abandonment of carts,
to establish a fee for redemption of impounded carts, and to provide
penalties for violations; and
G.
Whereas, the City Council of the City of Somers Point wishes to comply
with and supplement the provisions of N.J.S.A. 40:48-2.65 regulating
shopping carts; and
As used in this chapter, the following terms shall have the
meanings indicated:
A person owning, making available or having control of a
place where shopping carts are utilized; the place of a person owning,
making available or where shopping carts are utilized.
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
multi-store complex or shopping center shall include the entire parking
area used by the complex or center.
Includes a person of either sex or a corporation, partnership,
association, joint-stock company, societies and other entities capable
of being sued.
To take, transport or otherwise remove for any purpose a
shopping cart from the interior (if the building should have no parking
area accessible to the public) or parking area of the establishment
which makes the shopping cart available to the public. Removal or
transport of a shopping cart by the owner or agent of the owner for
repair, shipment to another location or for any other legal purpose
shall not constitute a violation of this chapter.
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.
Includes any street, avenue, road, alley, lane, highway,
boulevard, concourse, sidewalk or crosswalk, culvert, bike path, and
every municipal park and municipal parking lot within the City of
Somers Point.
All shoppers, patrons and users of carts who remove a cart for
their convenience or any other reason from the establishment or parking
lot adjacent to where the cart belongs shall have the affirmative
duty and obligation to return the cart forthwith. Any person who does
not fulfill that duty and obligation, or who abandons the cart, has
violated this chapter.
All owners and operators of establishments owning and/or supplying
carts for the convenience of shoppers, patrons or users shall:
A.
Clearly label them, in a visible manner restrictive of removal of
same, with the name, address and phone number of the store or facility
owning or responsible for supplying the carts.
B.
Be responsible for retrieval of any of their carts as soon as possible
and not more than three business days from notification by the City,
or any official thereof, of a request to do so by fax, letter, e-mail,
or verbal notification. Any that do not do so have violated this chapter.
C.
Create procedures.
(1)
Create internal procedures to comply with this chapter, which procedures
shall be written and in place within 30 days after the effective date
of this chapter, and which shall be supplied to the City Clerk, who
shall provide copies to the Superintendent of Public Works, the Code
Enforcement Officer and the Traffic Control Officer of the Police
Department. Additional copies shall be supplied if requested from
time to time by the City.
(2)
Such procedures shall identify the name of the establishment, the
name of and contact information for the store manager and the person,
title, address of the store or facility, phone number, fax number
and e-mail address where and to whom the City may send notices; and
shall include an affirmative plan of action demonstrating how, by
whom, and with what frequency the City shall be searched for shopping
carts which have been removed from the establishment; and which shall
be at least weekly.
D.
At their sole expense, create signage on their premises, to be prominently
displayed in a conspicuous place at or near all entrances and exits,
giving notice of the provisions of this chapter relating to the prohibition
against removal of carts from the premises or the parking lot immediately
adjacent to the establishment and not returning them, or abandoning
them, and that violators are subject to fines and penalties.
E.
Acknowledge receipt of a copy of this chapter to confirm that any
cart found in a street or place will be impounded to prevent a safety
hazard and that notification will be sent by the City not less than
once per week via e-mail informing the designated establishment representative
of the number of carts in possession of the City and where they may
be redeemed.
A.
The City shall not impound a shopping cart that has sign or notice
identifying the owner of the cart, or the retailer who has written
consent from the owner to use the cart, and listing a valid telephone
number or address through which the owner or retailer can be contacted,
unless the following conditions are met:
(1)
The shopping cart is located outside the premises or parking area
of a retail mercantile establishment, unless it is found located in
a street, in which event it will be promptly impounded by the City;
(2)
The City will notify the owner or retailer via e-mail of the location
of the cart and allow three business days from the date of such notification
for the owner, retailer, or an authorized agent to retrieve the shopping
cart;
(3)
The City will notify the owner or retailer via e-mail upon impoundment
of a shopping cart and include information as to how the cart may
be retrieved;
(4)
The City will hold the impounded shopping cart at the Department
of Public Works yard, 830 Centre Street, Somers Point, New Jersey,
or such other location that may be designated by the Superintendent
of the Department of Public Works and is open for business at least
six hours of each business day;
(5)
The City will allow the owner or retailer a minimum of five business
days following receipt of notice that a shopping cart has been impounded
to retrieve the cart before the City may sell or otherwise dispose
of the cart.
(6)
Whenever the Public Works Department or a Code Enforcer shall take
any cart into their possession bearing identification of ownership
or right to possession, not less than once per week a notice shall
be sent by e-mail to the designated representative of the establishment
advising that such cart(s) is (are) being held and stored and that
the cart may be redeemed upon payment to the City of a fee or charge
of $25 per cart. Carts may be redeemed by the owner thereof as shown
by the identification of ownership or right to possession prior to
sale, dismantling, destruction or disposal thereof, and the owner
shall be entitled to receive such cart upon payment of the fee or
charge of the sum of $25 per cart.
(7)
Any fine imposed upon the owner or retailer for an impounded shopping
cart shall not exceed $50 for each occurrence for failure to retrieve
shopping carts. An occurrence includes all shopping carts impounded
in accordance with this section during a twenty-four-hour period.
B.
The City may, at its sole discretion, impound a shopping cart that has a sign or notice identifying the owner of the cart, or the retailer who has written consent from the owner to use the cart, and lists a valid telephone number or address through which the owner or retailer can be contacted, without meeting the conditions required by Subsection A(1) through (6) of this section, if the City:
(1)
Notifies the owner or retailer within 24 hours of impounding the
shopping cart and includes information on how the cart may be retrieved;
(2)
Releases the cart to the owner, retailer or authorized agent without
any charge or fine whatsoever, if the owner, retailer, or authorized
agent attempts to retrieve the cart within five business days of notice.
C.
Nothing contained in this section shall preclude or otherwise limit
the City from impounding a shopping cart that does not have a sign
or notice identifying the owner of the cart, or the retailer who has
written consent from the owner to use the cart, and lists a valid
telephone number or address through which the owner or retailer can
be contacted.
A.
A shopper, patron, or user of a cart convicted in municipal court
of a violation of this chapter shall be fined $25 for the first conviction
and $100 for each subsequent conviction.
B.
An owner or retailer of an impounded shopping cart convicted in municipal
court of a violation of this chapter shall be fined $50 for each occurrence
for failure to retrieve shopping carts. An occurrence includes all
shopping carts impounded in accordance with this chapter during a
twenty-four-hour period. This penalty shall be in addition to any
fees for shopping cart redemption.
C.
Any person violating any of the other provisions of this chapter shall, upon conviction, be punished as set forth in Chapter 1, General Provisions, Article II; and each violation shall be deemed to be a separate and distinct offense. This penalty shall be in addition to any fees for shopping cart redemption.
The mercantile license of an establishment may be subject to
revocation for repeated violations if more than 50 carts are retrieved
or impounded by the City within any six-month period.
The Department of Public Works or members of the Police Department
or Code Enforcement Officer shall be authorized to enter upon establishment
premises at any reasonable hour of a business day where carts are
provided for the purpose of inspecting carts for proper identification
and otherwise effecting compliance with the provisions of this chapter.
Upon a redemption or sale of a cart, the proceeds shall be deposited
in the general funds of the City or in such a manner as shall be designated
by the Mayor and City Council.
Any sale or other disposition of such cart pursuant to this
chapter shall be without liability on the part of the City to the
owner of such cart or other person lawfully entitled thereto or having
interest therein.
Nothing contained herein is intended to impose upon the City
or any department therein to utilize police, Department of Public
Works, or code enforcement resources to conduct City-wide searches
for abandoned carts or to make such searches on any regular schedule
or basis.
