No person shall remove any grocery or shopping
cart from the premises of any commercial establishment (including
any store, shop, market or supermarket, etc.) in the Borough of Glassboro.
The owner or person in charge of any such commercial
establishment supplying carts for the on-premises convenience of shoppers
shall cause to be prominently displayed at all exits therefrom a notice
of the provisions of this chapter relating to prohibition against
removal of carts from the premises and penalties for violations thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person violating the terms of this chapter
shall, upon conviction therefor in the Municipal Court of the Borough
of Glassboro or any other court authorized by law to hear and determine
the same, be subject to penalty by a fine not exceeding $2,000, or
by imprisonment for not more than 90 days, or a period of community
service for not more than 90 days, or any combination thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. The Borough
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 Borough;
(2) The
Borough will notify the owner or retailer via email 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
Borough will notify the owner or retailer via email upon impoundment
of a shopping cart and include information as to how the cart may
be retrieved;
(4) The
Borough will hold the impounded shopping cart at the Highway Department
yard, 125 Grove Street, Glassboro, New Jersey, or such other location
that may be designated by the Superintendent of the Highway Department
and is open for business at least six hours of each business day;
(5) The
Borough 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 Borough may sell or otherwise dispose
of the cart.
(6) Whenever
the Highway Department or a Code Enforcement Officer 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 email 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 Borough of a fee or charge
of $50 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 $50 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 Borough 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 Borough:
(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 Borough
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.
All fines imposed and charges collected under
and by virtue of this chapter shall be paid into the treasury of the
Borough of Glassboro.