Township of Middle, NJ Shopping Carts

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.

§ 208-2 Intent and declaration of nuisance.

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.

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.

This chapter is not intended to duplicate state law or regulate any matters pertaining to shopping carts which are the subject of state law.

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.

§ 208-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ABANDONED CART

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.

BOLLARD

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.

BUSINESS 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.

CART OWNER

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.

EFFECTIVE CONTAINMENT SYSTEM

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.

ENFORCEMENT OFFICIAL

The code enforcement official or any other official as designated by the Business Administrator or Chief of Police.

ESTABLISHMENT

A commercial or retail enterprise that provides more than 15 shopping carts for use by patrons or customers.

MAJOR REMODEL

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.

SHOPPING CART

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.

§ 208-4 Application and implementation.

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.

§ 208-5 Affirmative obligation of shoppers, patrons and users.

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.

§ 208-6 Duties of owners and operators of stores supplying carts.

All owners and operators of establishments owning and/or supplying carts for the convenience of shoppers, patrons or users shall:

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.

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.

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.

§ 208-7 Enforcement authority.

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.

§ 208-8 Shopping cart identification signs.

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.

Each cart owner shall include clearly legible information on each shopping cart readily identifying its owner.

§ 208-9 Shopping cart containment plan required.

Each cart owner must contain all shopping carts on the business premises at all times, subject to the exceptions set forth in this chapter.

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.

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]

§ 208-10 Physical containment system.

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.

§ 208-11 Containment methods.

Containment methods shall include at least one of the permitted methods to contain shopping carts on the premises. Effective containment systems are limited to:

Bollards. Installation of bollards;

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;

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;

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;

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.

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.

§ 208-12 Impoundment, notice, and retrieval of shopping carts.

Any shopping cart(s) located outside the premises or parking area of an establishment may be impounded by the Township of Middle.

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.

§ 208-13 Fines and penalties.

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).

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]

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]

§ 208-14 Disposal or sale.

[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.