[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerville 8-20-84 as Ord. No. 970. Amendments noted where applicable.]
As used in this chapter, the following words and phrases shall
have the meaning or meanings indicated:
The Borough of Somerville, New Jersey.
A hand-drawn or propelled vehicle or wheeled container made
of metal, wood or other material such as is generally provided by
merchants for the use of their customers carting or carrying goods,
wares and merchandise.
A person of either sex, corporation, partnership, association,
joint-stock company, society, and any other entity capable of being
sued.
Any park, square, culvert, stream, stream bed, field, woodland,
lawn, parking area or lot, building, structure, entity, or any other
place or location owned by or under the control or supervision of
the borough, or of the Board of Education of the Borough, or of any
other local governmental agency or unit.
Any street, avenue, highway, thoroughfare, driveway, lane,
alley, path, stairway, concourse, sidewalk, curb, crosswalk, parking
area or lot open to the public or used by the public within the borough.
It shall be unlawful for any person to discard or abandon any
cart upon any street or upon any public property, or to suffer or
permit any cart to be discarded or abandoned upon any street or upon
any public property, whether such cart is owned by him or is in his
possession, custody or control.
Any cart left unattended on any street or upon any public property
where there is no person present who has actual physical custody or
control of the cart shall be deemed to have been discarded or abandoned
within the meaning of this chapter. With respect to any cart which
has been abandoned or discarded upon any street or upon any public
property, if it is determined that said cart has been missing from
the owner's premises or place of business for twenty-four (24)
hours or more immediately prior to the impounding of the cart, the
owner of said cart shall be deemed to have suffered or permitted the
cart to have been discarded or abandoned.
It shall be unlawful for any person to remove a cart, as herein
defined, from the property of any business or enterprise without the
written consent of the owner.
The borough may remove or cause to be removed any cart found
abandoned or discarded on any street or public property, and shall
take same or cause same to be taken to property or premises of the
borough where same shall be held until redeemed, sold or otherwise
disposed of as provided in this chapter.
[Amended 4-15-13 by Ord. No. 2413-13-0401]
Whenever a cart that has been impounded contains sufficient information with which to identify the owner or the persons having the right of possession thereof, a notice shall be sent by certified mail no later than the fifth day following the date of impoundment (holidays excluded) to such person, advising such person that the cart has been impounded, where the cart is being held, the amount of money and procedure necessary to redeem the cart from impoundment, and the date after which the cart, if it has not been redeemed, can be sold at public auction pursuant to this chapter. If any impounded cart does not contain identification sufficient to determine its owner or the person having the right of possession thereof, no such notice need be sent; however, the provisions of § 144-8 of this chapter must be complied with respect to such cart.
[Amended 10-5-09 by Ord. No. 2315; 4-15-13 by Ord. No. 2413-13-0401]
Any impounded cart may be redeemed by the owner or by such other
person having the right to possession thereof at any time prior to
the sale, destruction, disposal or other disposition of the cart by
the borough, upon paying the sum of twenty-five dollars ($25). In
addition, the person seeking to redeem shall pay the cost of advertising
the sale of the cart sought to be redeemed, if any. No cart shall
be delivered to a person seeking to redeem unless proof establishing
such person's ownership or right to possession is submitted.
Any delivery to a person apparently entitled thereto shall be a good
defense to the borough against any other person claiming to be entitled
thereto. The person to whom delivery ought to have been made may recover
same with interest and costs from the person to whom same shall have
been delivered.
[Amended 10-5-09 by Ord. No. 2315; 4-15-13 by Ord. No. 2413-13-0401]
When any impounded cart remains in the custody of the borough
for more than ten (10) days after impoundment, and with respect to
which no person has paid the required redemption fee and established
his ownership or right to possession, the Borough Clerk shall give
public notice in a newspaper distributed in the borough advising that
at a stated time and place not less than seven (7) days after such
notice is published, such cart shall be sold at public auction for
the best price obtained. A general description in such notice of the
cart or carts to be sold shall be sufficient. If more than one (1)
cart is to be sold at the same time and place, this section will be
satisfied by publication of one (1) notice, so long as each cart to
be sold is generally described therein. This section shall not preclude
the borough from also giving notice of any sale by any other means,
so long as the provisions of this section are satisfied. The minimum
bid price per cart shall be fifty dollars ($50).
[Amended 4-15-13 by Ord. No. 2413-13-0401]
If any impounded cart is not sold at public auction, the borough
may dismantle, destroy or otherwise sell or dispose of such cart.
Any sale or other disposition of a cart pursuant to this chapter shall
be without liability on the part of the borough to the owner or other
person lawfully entitled to or having any interest therein.
Upon redemption or sale of a cart, the proceeds shall be deposited
in the general funds of the borough, and used as a part thereof.
[Amended 4-18-94 by Ord. No. 1168]
Any person who shall violate Section 144A-4 of this chapter shall, upon conviction, be subject to a mandatory fine of not less than twenty dollars ($20) nor more than fifty dollars ($50). Any person who shall violate any other provisions of this chapter shall, upon conviction, be subject to a fine not exceeding five hundred dollars ($500).
The provisions of this chapter shall not apply to any property
which comes into the possession or custody of the borough pursuant
to any other ordinance, law or regulation.
[Added 4-15-13 by Ord. No. 2413-13-0401]
The enforcement of the provisions of this chapter shall be the
responsibility of any duly sworn member of the Borough of Somerville
Police Department, and any other officer and/or borough employee duly
appointed by the Clerk-Administrator to enforce this chapter.
