[HISTORY: Adopted by the Mayor and Council of the Borough of Waldwick 6-23-70 as Ord. No. 6-70. Amendments noted where applicable.]
As used herein:
STREET
Means any street, avenue, road, alley, lane, highway and parking lot, and includes the land between the street lines, whether improved or unimproved, and may comprise pavements, shoulders, gutters, sidewalks, parking areas and other places within the street lines, and places used by the general public.
PERSON
Shall include a natural person, corporation, partnership or association.
SHOPPING CART or CART
Means a cart of the type commonly provided by retail stores and/or supermarkets and used for the convenience of patrons.
OWNER
Means the person who has possession, custody or control of shopping carts which are made available for the use of patrons in connection with the operation of a retail business.
BOROUGH
Means the Borough of Waldwick.
The owner or owners of shopping carts used in connection with any retail business and intended for use by patrons shall clearly designate on each cart the name of such owner or owners.
It shall be unlawful for any owner or owners to leave any such cart or permit any such cart to be left unattended or abandoned on any street or public place within the Borough of Waldwick. Any owner who shall directly or indirectly permit or suffer his customers to take said carts off the business premises of said owner shall be responsible if such carts are abandoned or left unattended on a public street or public place, or on private property without the expressed consent of the owner or tenant thereof.
The Borough shall remove or cause to be removed any cart found abandoned or left unattended on any street and shall take the same to Borough property where it shall be held until redeemed, sold or otherwise disposed of as hereinafter provided.
Whenever the Borough shall take any cart containing the owner's identification, a notice shall be sent by ordinary mail to such owner advising that the cart is held by the Borough and may be redeemed upon payment of five dollars ($5) to the Borough at anytime prior to the sale, dismantling or destruction thereof as hereinafter provided.
No cart shall be delivered to a person seeking to redeem the same unless such person shall furnish satisfactory evidence of ownership or right to possession.
When any cart remains in the custody of the Borough for a period of fifteen (15) days after removal and with respect to which no person has presented to the Borough proof establishing to its satisfaction such person's ownership or right to possession, the Borough shall give public notice in its official newspaper that, at a specified place and time, not less than five (5) days after such notice is published, such cart will be sold at public auction for not less than five dollars ($5) plus the costs of advertising the sale. If after such notice of sale is given, any person desires to redeem any cart prior to the sale such person shall pay to the Borough for redemption the sum of five dollars ($5) plus the costs of advertising the sale. A general description of the cart to be sold shall be sufficient. Said sale shall be conducted by the Business Administrator or by such person as the Common Council shall designate.
If said cart is not sold at public auction, the Borough may offer it again for sale or may dismantle, destroy or otherwise dispose of such cart. Any disposition of such cart made pursuant to this ordinance shall be without any liability of the Borough to the owner of such cart or other person lawfully entitled thereto or having an interest therein.
The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.