[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 11-12-1973 by Ord. No. 22-73 (Art. 74 of the 1970 Revised Ordinances). Amendments noted where applicable.]
The following terms, whenever used or referred to in this chapter, shall have the following respective meanings, which definitions shall apply in the interpretation and enforcement of this chapter, unless a different meaning clearly appears from the context:
- The Borough of Madison.
- BOROUGH TREASURER
- The Borough Treasurer of the Borough of Madison.
- Any rolling or nonrolling basket or container commonly used in markets, supermarkets or self-service stores.
- CHIEF OF POLICE
- The Chief of Police of the Borough of Madison and its duly authorized agent or representative.
- Includes any individual, firm, corporation, association or partnership.
- PUBLIC PROPERTY
- Includes 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 of Madison, the Board of Education or any other local governmental agency or unit.
- Includes 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 of Madison.
It shall be unlawful for any person to discard or abandon, or suffer or permit to be discarded or abandoned, any cart, whether owned by him or in his possession, custody or control, upon any street or upon any public property.
Any cart provided or made available by any person for use by any other person or persons shall have securely attached thereto a plainly visible, durable, plastic or metal identification tag or plate at least two inches by four inches in size. The name and address of the cart owner and the location of the premises where said cart was provided or made available to other persons for use shall be legibly printed on said identification tag or plate. Noncompliance with this section shall not be considered a violation of this chapter unless said cart shall be discarded or abandoned upon any street or public property within the borough.
The Chief of Police is authorized to enter, at reasonable hours of a business day, upon premises where carts are provided and available for use for the purpose of inspecting carts for proper identification and otherwise affecting compliance with this chapter.
[Amended 3-9-1992 by Ord. No. 8-92]
The Chief of Police is authorized to remove or cause to be removed or impound any cart found abandoned or discarded or left in any prohibited areas described herein and deliver it to any borough owned or leased storage facilities available for such purpose. Within five days after the removal of the cart to the storage facilities, the Chief of Police shall, by ordinary mail, notify the owner thereof at the address indicated on the identification tag or plate that the impounded cart may be redeemed for the sum of $20 within seven days from the date of said notice of redemption.
Where any such property remains unclaimed or unredeemed for a period of five days beyond the date fixed for redemption or where a cart impounded has no identification tag or plate and is not claimed or redeemed within said five-day period after impounding, the Chief of Police shall give at least five days' public notice in a newspaper circulating in the Borough of Madison, fixing a place, date, time and the terms for a public sale to the highest bidder of such property. The Chief of Police shall conduct such public sale within a reasonable period of time after impoundment. Where any such property shall remain unsold at public sale, the Chief of Police may dismantle, destroy or otherwise sell or dispose of such property. Any public sale or other disposition of property pursuant to this chapter shall be without liability to the borough, to the owner of such property or to any other person lawfully entitled thereto or having an interest therein.
Within 30 days after such property is redeemed, the Chief of Police shall pay over to the Borough Treasurer the amount received for said redemption and at the same time shall deliver to said Treasurer a detailed statement concerning said redemption, including the identity of the property and the name and address of and the amount received from the redemptor.
Within 30 days after a public sale or disposition other than redemption of such property, the Chief of Police shall pay over to the Borough Treasurer the proceeds of the sale or other disposition of the property and at the same time shall deliver to said Treasurer a detailed statement, including the identity of the property; the name and address of and the amount paid by the purchaser; and the costs and expenses of such sale. The Treasurer shall deduct from the money realized from such public sale or other disposition of said property the cost and expenses incurred by the borough, plus the sum of $15 for each cart sold or otherwise disposed of to cover the removal and storage expenses, and shall thereafter pay over the balance, after said deduction, to the owner or person entitled to such property as hereinabove provided.
The provisions of this chapter shall not apply to any property which may come into possession or custody of the Police Department pursuant to any other ordinance, law or regulation.
[Amended 8-14-2000 by Ord. No. 35-2000]
Any person found guilty of violating any provision of this chapter shall, upon conviction thereof, be punishable by a fine not to exceed $250. This penalty shall be in addition to any fees for redemption of such property and in addition to any costs and expenses of public sale chargeable to the owner or person entitled to possession of such property described previously.