[HISTORY: Adopted by the Township Committee
of the Township of Middle 5-17-2021 by Ord. No. 1626-21.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 208, Shopping Carts, adopted 5-3-2010 by Ord. No. 1352-10.
It is the purpose of this chapter to prevent or reduce the accumulation
of shopping carts abandoned in neighborhoods and in public spaces.
Abandoned shopping carts cause visual blight in neighborhoods, reduce
property values in communities, obstruct pedestrian and vehicular
traffic in the public rights-of-way, and constitute a hazard to the
health, safety, and general welfare of the public throughout the Township
of Middle.
A.
The Township of Middle has determined that the unauthorized removal
of shopping carts, or parts thereof, on public and private property
from retail establishments constitutes a nuisance, creates potential
hazards to the health and safety of the public, and interferes with
pedestrian and vehicular traffic. The accumulation of wrecked, dismantled,
and abandoned shopping carts on public and/or private property creates
conditions that reduce property values and promote blight and neighborhood
deterioration within the Township.
B.
The intent of this chapter is to ensure that shopping cart owners
take measures to prevent the removal of shopping carts from business
premises, to make the removal of shopping carts a violation of this
Code and to facilitate the retrieval and return of lost, stolen, or
abandoned carts in a manner that complements and supplements provisions
of state law.
C.
This chapter is not intended to duplicate state law or regulate any
matters pertaining to shopping carts which are the subject of state
law.
D.
To the extent any provision of this chapter is determined to be preempted
by state law, it shall be deemed severed from all other provisions
of this chapter, and such other provisions shall remain in full force
and effect.
As used in this chapter, the following terms shall have the
meanings indicated:
Any shopping cart that has been removed without written permission
of the cart owner or on-duty manager from the premises of the business
establishment, regardless of whether it has been left on either private
or public property.
An upright post consisting of a piece of timber, concrete,
metal or similar material fixed firmly in an upright position that
creates a narrowed passageway restricting the removal of shopping
carts from the premises.
The entire area owned and utilized by the business establishment
that provides carts for use by customers, including any parking lot
or other property provided by the cart owner for customer parking.
The parking area of an establishment located in a multistore complex
or shopping center shall include the entire parking area used by the
complex or center.
Any person or entity, who, in connection with the conduct
of a business, owns, leases, possesses, uses, or otherwise makes any
cart available to customers or the public. For purposes of this chapter,
"cart owner" shall also include the owner's on-site or designated
agent that provides the carts for use by its customers that provides
or maintains more than 15 shopping carts for use by its patrons.
A system that results in no more than five shopping carts
being removed without the owner's consent from the business premises
or parking area.
The code enforcement official or any other official as designated
by the Business Administrator or Chief of Police.
A commercial or retail enterprise that provides more than
15 shopping carts for use by patrons or customers.
Either:
An addition in excess of 50% of the current floor area of a
retail establishment that provides more than 15 shopping carts for
its patrons; or
An alteration, repair, remodel, or addition with a total building
permit valuation in excess of 50% of the replacement cost of a building,
or portion of a building, occupied by a retail establishment that
provides more than 15 shopping carts for its patrons.
A basket which is mounted on wheels or a similar device provided
by a business establishment for use by a customer for the purpose
of transporting goods of any kind, including, but not limited to,
grocery store shopping carts.
The containment methods set forth herein to contain shopping
carts on premises shall apply to all retail establishments, whether
new or existing, or the major remodel of retail establishments, within
120 days after the effective date of this chapter.
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 Township,
or any official thereof, of a request to do so by fax, letter, email,
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 Township Clerk,
who shall provide copies to the Superintendent of Public Works, the
Code Enforcement Officer and the Police Department. Additional copies
shall be supplied if requested from time to time by the Township.
(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 email address where and to whom the Township may send notices;
and shall include an affirmative plan of action demonstrating how,
by whom, and with what frequency the Township shall be searched for
shopping carts which have been removed from the establishment; and
which shall be at least weekly.
(3)
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.
(4)
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 Township within 24
hours informing the designated establishment representative of the
number of carts in possession of the City and where they may be redeemed.
The Business Administrator, and his or her designees, including
designated code enforcement officers, shall have the authority and
powers necessary to determine whether a violation of this chapter
exists and to take appropriate action to gain compliance with the
provisions of this chapter and applicable state codes. These powers
include the authority to impound the shopping carts, issue administrative
citations, inspect public and private property, impose civil penalties
for any violation of this chapter, or pursue criminal actions.
A.
Each cart owner shall post and maintain a sign at each customer pedestrian
exit at the owner's establishment which meets all of the following
minimum specifications:
(1)
Meet or exceed 18 inches in width and 24 inches in height.
(2)
Using block lettering not less than 1/2 inch in width and two inches
in height, contain a statement to the effect that unauthorized removal
of a shopping cart from the business premises, or possession of a
shopping cart in a location other than on the business premises, is
a violation of state law and Township ordinance.
(3)
List a local or toll-free telephone number for shopping cart retrieval.
(4)
The signs shall be conspicuously and prominently displayed on the
interior walls of the building within two feet of each customer pedestrian
exit.
B.
Each cart owner shall include clearly legible information on each
shopping cart readily identifying its owner.
A.
Each cart owner must contain all shopping carts on the business premises
at all times, subject to the exceptions set forth in this chapter.
B.
Every cart owner shall operate and maintain a shopping cart containment
program pursuant to this chapter that contains all of the following
provisions:
(1)
Name of the owner. The name of the business owner, the physical address
of the owner's establishment, and the name, address and phone number(s)
if different from the business owner. Cart owner shall also provide
the name of the registered agent or individual authorized to accept
service of process and/or the issuance of a summons for noncompliance
with this chapter.
[Amended 8-1-2022 by Ord. No. 1657-22]
(2)
Inventory of carts. A complete inventory of carts maintained on or
in the business premises.
(3)
Cart identification. Shopping cart identification requirements pursuant
to this chapter.
(4)
Loss prevention measures. A description of the specific measures
that the cart owner shall implement to prevent cart removal from the
business premises. These measures may include, but are not limited
to:
(a)
Placing signs directing customers not to remove the shopping
carts from the business premises without express written consent of
the cart owner;
(b)
Using courtesy clerks to accompany customers and return the
carts to the owner's establishment;
(c)
Using security personnel to prevent shopping carts from being
removed from the business premises or requiring a security deposit
for use of a cart;
(d)
Installing on shopping carts electronic disabling devices, such
as wheel locks, which disable the cart upon crossing a barrier at
the perimeter of the business premises;
(e)
Installing barriers on carts or at the doors, near the loading
areas, or at other defined perimeters of the business premises to
prevent the passage of a cart beyond such barrier.
C.
Every cart
owner shall be required to provide an accurate and updated copy of
said containment plan to the Township Clerk.
[Added 8-1-2022 by Ord. No. 1657-22]
A cart owner shall be required to install a physical containment
system to the satisfaction of the Township pursuant to this chapter.
This shall apply to all retail establishments, whether new or existing,
within 120 days after the effective date of this chapter.
Containment methods shall include at least one of the permitted
methods to contain shopping carts on the premises. Effective containment
systems are limited to:
A.
Bollards. Installation of bollards;
B.
Wheel locking or stopping mechanisms. Equipping shopping carts with
a wheel locking or stopping mechanism that is used in conjunction
with an electronic magnetic barrier along the exterior perimeter of
the retail establishment, inclusive of parking areas adjacent to said
retail establishment. The wheel locking or stopping mechanism must
activate when the shopping cart crosses the electronic or magnetic
barrier;
C.
Protruding arm or similar device. Equipping shopping carts with a
protruding arm or similar device that prohibits the cart from being
taken off-site from the subject business or establishment;
D.
Deposit system. A system, which may be mechanical in nature, requiring
a deposit to use a shopping cart. The deposit should be of a reasonable
amount that would not deter the use of the cart, but would encourage
the return of the cart. This system may include the rental or sale
of carts that can be temporarily or permanently used for transport
of purchases off-site;
E.
Customer service. Designation of certain employees to prevent the
removal of shopping carts from the premises by assisting patrons with
transporting groceries or merchandise to patrons' vehicles and then
returning shopping carts to the location where the retail establishment
keeps the shopping carts for its patrons. This method shall only be
used in establishments with more than 15 shopping carts in use at
all times.
F.
Other methods. Other methods for on-site containment so long as the
Township of Middle has approved the system or method which would effectively
contain or control shopping carts within the exterior perimeter of
the business premises, inclusive of parking areas adjacent to said
business premises.
A.
Any shopping cart(s) located outside the premises or parking area
of an establishment may be impounded by the Township of Middle.
B.
Within 24 hours of impounding a shopping cart, The Township of Middle
shall provide notice to the owner, retailer or authorized user that
the Township has impounded the shopping cart and provide information
as to how the cart may be retrieved.
A.
Upon taking possession of a shopping cart under this chapter, the
Township of Middle shall provide an initial notification to the owner
of the cart to contact the Township in order to arrange for retrieval
of said cart(s).
B.
In the event that the cart(s) is not retrieved within three business days of notification of impoundment, the owner shall be subject to a fine of $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. Failure to retrieve the cart(s) within the time period set forth below in § 208-14 shall result in disposal or sale as provided for herein. All accrued fines shall be due and owing despite such disposal or sale.
[Amended 8-1-2022 by Ord. No. 1657-22]
C.
The failure
of a cart owner to provide the Township with accurate, up-to-date
copies of its containment plan and/or internal protocols as mandated
by this chapter, shall result in a fine of $250. Each week that said
cart owner fails to provide the Township with said containment plan
and/or internal protocols shall be treated as a separate and continuing
violation.
[Added 8-1-2022 by Ord. No. 1657-22]
[Amended 8-1-2022 by Ord. No. 1657-22]
If the owner, retailer or authorized user does not retrieve
the shopping cart within five business days of receiving notice, the
Township of Middle may sell or dispose of the shopping cart as it
sees fit.
