[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.
The Borough Treasurer of the Borough of Madison.
Any rolling or nonrolling basket or container commonly used in markets,
supermarkets or self-service stores.
The Chief of Police of the Borough of Madison and its duly authorized
agent or representative.
Includes any individual, firm, corporation, association or partnership.
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]
A.
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.
B.
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.
