[HISTORY: Adopted by the Township Committee of the Township of Union 9-10-1971 by Ord. No. 2670 (Ch. 439 of the 2004 Code). Amendments noted where applicable.]
As used or referred to in this chapter, the following terms shall have the meanings indicated:
PUBLIC AREA
Municipal, county, state and federal buildings, public parks, playgrounds, public parking areas and all means of ingress and egress pertaining thereto.
PUBLIC STREET
Any and all municipal, county and state streets, avenues, roads and highways within the Township of Union and embraces the entire right-of-way thereof, including all installations and facilities therein.
SHOPPING CART
All carts, baskets or containers equipped with wheels and propelled by human power normally used or intended to be used for the carting or carrying of merchandise, goods and chattels.
The owner or owners of shopping carts used or intended for use for the carting or carrying of merchandise, goods or chattels shall affix a permanent identification to each such shopping cart, indicating the name and address of the owner thereof.
No person shall leave or abandon or suffer or permit to be left or abandoned any shopping cart, either owned by him or in his possession, custody or control, in or upon any public street or public area.
Any owner or merchant who permits a shopping cart to be taken out of the store premises and fails to maintain such control thereof as will accomplish its return promptly and without the same being left in or upon any public street or public area shall be held responsible for leaving, suffering and permitting such shopping cart to be left in such area, if the shopping cart should be left in any public street or public area.
The Police Department of the Township of Union shall remove or cause to be removed any shopping cart found unattended or abandoned upon any public street or public area and shall take or cause the same to be taken to any premises within the Township of Union designated by the Police Department where the same shall be held until redeemed, sold or destroyed. Within five days after the removal of the shopping cart, the Police Department shall, by ordinary mail, notify the owner thereof at the address indicated on the identification tag that the impounded shopping cart may be redeemed within 10 days of the date of its taking, said date to be set forth in such notice, upon the payment of the sum of $10 and thereafter at any time prior to sale upon the payment of the sum hereinafter fixed. Failure to give such notice shall not in any way subject the Police Department or the Township of Union to any liability. The owners of shopping carts are hereby instructed to make inquiry at police headquarters respecting the whereabouts of any missing shopping carts and are not to depend on receipt of any notice from the Police Department. If such shopping cart is unclaimed or unredeemed for a period of 10 days from the time of its taking, the Police Department shall give at least five days public notice in a newspaper authorized to accept legal publications of the Township of Union, fixing a place, date, time and terms of public sale to the highest bidder of such shopping carts. One of the terms of such sale shall be that no shopping cart shall be sold for less than the amount required to be paid for the redemption of such shopping cart computed in accordance with the provisions hereinafter set forth.
If the shopping cart is not redeemed within 10 days of its taking, there shall be added to the sum of $10 the additional sum of $2 for each day such shopping cart remains impounded beyond the first 10 days, and the total shall be the amount required to redeem the shopping cart. Such amount may be paid by the owner of the shopping cart at any time prior to the sale of such shopping cart, and upon such payment, the shopping cart shall not be sold and shall be returned to the owner.
In the event any shopping cart shall remain unredeemed and unsold at public sale, the Police Department may dismantle, destroy or otherwise dispose thereof.
Any public sale or other disposition of any shopping cart shall be without liability on the part of the Township of Union, the Police Department and their agents and employees.
Immediately after a shopping cart is redeemed or sold, the Chief of Police shall pay over to the Treasurer of the Township the amount received for redemption or sale, costs and expenses of the article redeemed or sold, together with an itemized statement thereof.
[Amended 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No. 3998; 10-26-2004 by Ord. No. 4842]
Any person found guilty of violating this chapter or any of the provisions thereof shall be punished by one or more of the following: imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $1,250 or by a period of community service not exceeding 90 days, to become effective on the effective date of this section. The penalty herein fixed shall be in addition to any fees for redemption or costs of public sale chargeable as hereinabove set forth.
Nothing herein contained shall prevent or prohibit the leaving of shopping carts on the outside premises of a market or store, if the same are placed in an area designated therefor and so as not to constitute an obstruction or hazard to pedestrians and operators of motor vehicles. The owner or operator of any store making use of shopping carts as herein defined shall not be subject to the penalty provisions of this chapter, if such owner or operator has constructed and maintains a cart corral or other device which makes it impossible to roll such shopping cart off the premises upon which said store is located.