[Ord. No. 492, 3/22/2022]
As used in this Part, the following terms shall have the meanings
indicated:
ABANDONED SHOPPING CART
Any shopping cart made available to customers to use that
has been removed from the retail establishment's premises, without
the owner's written consent, and is located on either public or private
property.
ATTRACTIVE NUISANCE
The circumstance or condition which may reasonably be expected
to attract young children, and which constitutes a danger to such
children.
BUILDING
In addition to its ordinary meaning, includes any dwelling,
fenced area, vehicle, railway car, cargo container, or other structure
used for the lodging of persons or for carrying on business therein,
or for the use, sale, or deposit of goods. Each unit of a building
consisting of two or more units separately secured or occupied is
a separate building.
MERCHANT
Any individual, partnership and/or corporation which owns
and operates by himself, herself, itself or by employees and/or agents
a business enterprise from a building located in the Township of North
Fayette and which enterprise at said location caters to and is patronized
by the general public.
PREMISES
Any building in the Township of North Fayette used by a merchant
for the sale of merchandise to the general public, including any off-street
parking area abutting the outside of said building.
PRIVATE PROPERTY
Any property not owned by the Township, its successor agency,
library, or other such sub-agencies or boards acting under the authority
of the Township of North Fayette.
PUBLIC PROPERTY
Property owned by the Township, its successor agency, library,
or other such sub-agencies or boards acting under the authority of
the Township of North Fayette.
SHOPPING CART or CART
A basket mounted on wheels or a similar device of the type
generally used in a retail establishment by a customer for the purpose
of transporting goods of any kind.
TOWNSHIP
The Township of North Fayette or its designated representatives.
The Township Board of Supervisors finds and determines that
any abandoned shopping cart is declared to constitute a public nuisance
that could impede emergency services, interfere with pedestrian and
vehicular traffic, reduce property values, promote blight and deterioration,
comprise an attractive nuisance and create other hazards to the health,
safety, and general welfare of the community by having a tendency
to degrade the appearance of the community and thereby decrease property
values.
All merchants who provide shopping carts to its customers shall
clearly indicate on a conspicuous place of the shopping cart the name
of the merchant’s store or business in the form of a tag, sign,
or plate. The merchant shall be responsible for the shopping carts
that it provides to its customers and shall take appropriate measures
to make sure that the shopping carts are returned to the store premises.
Any shopping cart of any merchant in the Township which is found
on any public street, highway, right-of-way and/or ground and/or on
any private property, other than in a building thereon and/or the
premises of the merchant whose shopping cart it is identified to be,
shall be deemed to be abandoned by such merchant and/or any other
person responsible for such abandonment.
The abandonment by any person and/or persons, including but
not limited to any merchant, of a shopping cart is prohibited and
each shopping cart abandoned shall thereby constitute a single and
separate violation hereunder.
Any merchant who shall fail to properly tag or identify shopping carts or shall permit the removal of any shopping cart as set forth in §
10-304 hereof shall be subject to prosecution before any District Justice of the Township and, upon conviction of any violation of any section of this chapter, shall pay a fine of not more than $600, plus the cost of prosecution, and in default of payment of such fines and costs shall be subject to imprisonment for not more than 30 days. Each shopping cart which shall have been found to have been in violation of this chapter shall constitute a separate violation of the provisions of this chapter.