[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:
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.
Shall include a natural person, corporation, partnership
or association.
Means a cart of the type commonly provided by retail stores
and/or supermarkets and used for the convenience of patrons.
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.
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 person to remove a shopping cart
from the premises of a retail establishment.
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.
Upon a redemption or sale of a cart, the proceeds shall be deposited
in the general funds of the Borough.
See Chapter 1:14.1.
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.
This ordinance shall take effect immediately upon final passage
and publication as required by law.
