[HISTORY: Adopted by the Borough Council
of the Borough of Eatontown 5-12-2004 by Ord. No. 18-2004; amended in its entirety 8-20-2008 by Ord. No.
19-2008. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meaning indicated:
A parking lot or other property provided by a retailer for
the use of a customer for parking an automobile or other vehicle.
The parking area of a retail mercantile establishment located in a
multistore complex or shopping center shall include the entire parking
area used by the complex or center.
A person of either sex, corporation, partnership, association,
joint stock company, limited-liability company, societies and other
entities capable of being sued.
Includes streets, avenues, roads, alleys, lanes, highways,
boulevards, concourses, driveways, culverts, crosswalks, sidewalks,
parks, parking lots, parking areas and places generally used by the
general public.
A push cart of the type or types which are commonly provided
by grocery stores, drug stores or other retail mercantile establishments
for the use of the public in transporting commodities in stores and
markets and their parking areas.
A.
It shall be unlawful for any person to remove a shopping
cart, as defined herein, from the property of any store or other business
establishment as well as from the business establishment's parking
area. Further, it shall be unlawful for any person or other business
establishment to permit or allow any person to remove a shopping cart,
as defined herein, from the property of the store or other business
establishment or its parking area.
B.
In the event of a conviction of this section, the
municipal court shall impose a fine set forth more fully in the sections
below.
A.
It shall be unlawful for any person, or such persons,
agents or employees, to leave or suffer or permit to be left any shopping
cart, either owned by such person or in such person's possession,
custody or control, upon any public property as defined above.
B.
In the event of conviction of this section, the municipal
court shall impose a fine set forth more fully in the sections below.
The Borough shall remove or cause to be removed
any shopping cart found upon any public property and shall take same
to Borough property, where it shall be held until redeemed, sold or
otherwise disposed of as hereinafter provided.
A.
The Borough of Eatontown shall not impound a shopping
cart that has a sign or notice identifying the owner of the shopping
cart or the retailer who has written consent from the owner to use
the shopping cart, and listing a valid telephone number or address
through which the owner or retailer can be contacted, unless the following
conditions are met:
(1)
The shopping cart is located outside of the premises
or parking area of the retail mercantile establishment and on public
property as defined above.
(2)
The Borough will notify the owner or retailer of the
location of the shopping cart and will allow three business days from
the date of such notification for the owner, retailer or an authorized
agent to retrieve the shopping cart unless the immediate removal is
necessary to prevent a danger to public safety.
(3)
The Borough shall notify the owner or retailer by
certified mail, return receipt requested and regular mail or personal
delivery upon impoundment of a shopping cart, and shall include information
as to how the cart may be retrieved.
(4)
The location that an impounded shopping cart is held
is reasonably convenient to the owner, retailer or authorized agent,
and is open for business at least six hours of each business day.
B.
Should the owner or retailer of the impounded shopping
cart fail to retrieve the shopping cart upon notification, upon conviction
of violation of this chapter, the municipal court shall impose a fine
not exceeding $50 for each occurrence for failure to retrieve shopping
carts. An occurrence includes all shopping carts impounded in accordance
with this section during a twenty-four-hour period.
C.
The Borough shall allow the owner or retailer a minimum
of five business days following receipt of notice that a shopping
cart has been impounded to retrieve the shopping cart before a violation
is issued and before the cart is sold or otherwise disposed of.
The Borough may impound a shopping cart without compliance with § 268-5 under the following circumstances:
A.
The Borough may impound a shopping cart that has a sign or notice identifying the owner of the shopping cart, or the retailer who has written consent from the owner to use the cart, and lists a valid telephone number or address through which the owner or retailer can be contacted, without meeting the conditions required by § 268-5 of this chapter if the Borough follows the following procedures or the following circumstances exist:
(1)
The Borough notifies in writing the owner or retailer
with 24 hours of impounding the shopping cart, and includes information
on how the shopping cart may be retrieved.
(2)
The Borough releases the shopping cart to the owner,
retailer or authorized agent without any charge or fine whatsoever,
if the owner, retailer, or authorized agent attempts to retrieve the
cart within five business days of notice.
(3)
The Borough has impounded a shopping cart that does
not have a sign or a notice identifying the owner of the shopping
cart, or the retailer who has written consent from the owner to use
the shopping cart, and does not list a valid telephone number or address
through which the owner or retailer can be contacted.
B.
Under the circumstances set forth in this section,
should the owner or retailer be determined through other means rather
than notice on the cart and pursuant to the procedures set forth in
this section, the owner or retailer may be held in violation of this
chapter, in which case the municipal court may fine the owner or retailer
a fine not in excess of $50 for each occurrence in violating the aforesaid
section. A violation includes all shopping carts impounded in accordance
with this section during a twenty-four-hour period.
When any shopping cart remains in the possession
of the Borough for a period set forth more fully above after removal
and with respect to which no person has retrieved said cart from the
Borough with proof establishing to the Borough's satisfaction that
the person retrieving the cart has sufficient proof of ownership or
right of possession, then the Borough shall give public notice in
its official newspaper that, at a specified place and time, not less
than five days after such notice is published, such shopping cart
shall be sold at public auction for not less than $25, plus the cost
of advertising the sale. If, after such notice for sale is given,
any person desires to redeem any cart prior to sale, such person shall
pay to the Borough for redemption the sum of $25 plus the cost of
advertising the sale. A general description of the cart shall be sufficient.
The sale shall be conducted by the Borough's Business Administrator
or such person as the governing body may designate. The redemption
costs shall not be exclusive of any violation or fine issued as a
result of said violation of this chapter.
If the shopping cart is not sold at public auction,
the Borough may offer it again for sale or may dismantle, destroy
or otherwise dispose of such shopping cart.
Any disposition of such shopping cart made pursuant to this chapter shall be made without any liability of the Borough to the owner of such shopping cart or person lawfully entitled thereto or having any interest therein. If the shopping cart clearly identifies the owner and the owner is notified pursuant to § 268-6 and the owner does not remove and redeem in accordance with this chapter within the time period prescribed by this chapter and the Borough is unable to dispose of the shopping cart by auction, the Borough's Business Administrator or other designated individual shall certify the cost of disposal to the Borough of Eatontown and authorize the forwarding of a bill to the owner of the shopping cart for payment of the cost of disposal plus $25 for handling within 30 days of the date of the bill. The amount of these charges shall become a lien upon any land owned by the owner and shall be added to and become part of the taxes to be assessed upon said land, to bear interest at the same rate as taxes not paid in accordance with this chapter. The cost shall be in addition to any penalties imposed for any violation of this chapter.
Upon a redemption or a sale of the shopping
cart, the proceeds shall be deposited in the general funds of the
Borough.
The Zoning Inspector, Police Department or Special
Code Enforcement office or other Official designated by the Borough
Council shall be authorized to enforce the provisions of this chapter.
Mandatory court appearances shall be required for all violations of
this chapter.
This chapter shall not apply to any shopping
cart or personal property which may come into possession and custody
of any department of the Borough pursuant to any other ordinance,
law or regulation.
Use of the public auction or disposition remedy
does not preclude use of other provisions or penalties in this chapter
or for which is provided by law.
In the event of a conviction of § 268-3 or 268-4 of a person other than the owner subject to §§ 268-7, 268-8 and 268-9 of this chapter, the municipal court shall impose a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days, a period of community service not exceeding 90 days or any combination thereof.
