[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield 12-16-1975 by Ord. No. 1046 as Sec. 3-5 of the Revised General Ordinances. Amendments noted where applicable.]
[Amended 12-23-2008 by Ord. No. 08-2413]
As used in this chapter, the following terms shall have the meanings indicated:
PARKING AREA
A parking lot or other property provided by a retailer for the use of customers for parking an automobile or other vehicle. The parking area of a retail mercantile establishment located in a multi-store complex or shopping center shall include the entire parking area used by the complex or center.
SHOPPING CART
A pushcart 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 in parking areas.
[Amended 12-23-2008 by Ord. No. 08-2413]
The owner or owners of shopping carts used in connection with any retail business and intended for use by patrons in carrying articles of merchandise shall clearly designate on each cart the name of such owner or owners, and have a valid telephone number or address through which the owner or owners of the shopping cart can be contacted.
[Amended 5-17-1977 by Ord. No. 1081]
It shall be unlawful for any person to remove a cart as defined herein from the property of any such retail business. For the purposes of this section, any person who is in possession of any such cart off of the premises of such retail business shall be presumed to have removed the cart in violation of this section.
[Amended 5-17-1977 by Ord. No. 1081]
A. 
It shall be unlawful for any person, his agent or employee to leave or suffer or permit to be left any cart, either owned by him or in his possession, custody or control, in any public place. "Public place" shall be defined as any and all municipal, county and state streets, roads or highways, sidewalks, public parks, playgrounds, public parking areas (not on the premises of the retail business owning the cart) and all means of ingress and egress pertaining thereto.
B. 
The Borough shall remove or cause to be removed any cart found in any public place other than on the property of the owner of the cart and shall take it to Borough property where it shall be held until redeemed, sold or otherwise disposed of, as hereinafter provided.
[Amended 12-23-2008 by Ord. No. 08-2413]
A. 
Prior to the Borough impounding any shopping cart that meets the requirements of § 256-2 of this chapter, the Borough shall first notify the owner or owners of the location of the shopping cart, and allow the owner or owners a minimum of three business days from the date of such notification to retrieve the shopping cart. Notwithstanding the foregoing, the Borough shall be permitted to immediately impound a shopping cart that meets the requirements of § 256-2 of this chapter if:
(1) 
The immediate removal of the shopping cart is necessary to prevent a danger to public safety; or
(2) 
The Borough notifies the owner or owners of the shopping cart within 24 hours of impounding the cart, and includes information on how the cart may be retrieved.
B. 
No prior notification shall be required to the owner or owners of any shopping cart that does not meet the requirements of § 256-2 of this chapter, and the Borough may immediately impound any shopping cart that fails to meet the requirements of that section.
C. 
Upon impounding a shopping cart that meets the requirements of § 256-2 of this chapter, the Borough shall immediately notify the owner or owners of the shopping cart that the cart has been impounded, and provide the owner or owners with information as to how the shopping cart may be retrieved. The owner or owners of the shopping cart shall be given a minimum of five business days from the date of receiving such notice to retrieve the aforesaid shopping cart, after which time the Borough may sell, dismantle, destroy or otherwise dispose of same.
[Amended 12-23-2008 by Ord. No. 08-2413]
Impounded shopping carts may be redeemed by the owner at any time prior to the sale, dismantling, destruction or disposal thereof, and shall be entitled to receive such carts upon payment of the sum of $50 per occurrence. For purposes of this section, an "occurrence" shall include all shopping carts impounded in accordance with this chapter during a twenty-four-hour period. Notwithstanding the foregoing, no fee shall be charged for the redemption of a shopping cart that was impounded, when less than three days' prior notice was given to the owner or owners of the cart. No shopping cart shall be released to a person seeking to redeem, unless proof is submitted establishing to the satisfaction of the Borough that person's ownership or right to possession of the aforesaid shopping cart.
[Amended 5-17-1977 by Ord. No. 1081; 12-23-2008 by Ord. No. 08-2413]
A. 
When any shopping cart that meets the requirements of § 256-2 of this chapter remains in the custody of the Borough for a period exceeding five business days after proper notice has been provided to the owner or owners of the cart, and with respect to which no person has presented to the Borough proof establishing to its satisfaction such person's ownership or right to possession, 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, the shopping cart will be sold at public auction for an amount of not less than $50.
B. 
A general description of the shopping cart to be sold shall be sufficient. The sale shall be conducted by the Borough Clerk or by such person as the Borough Council shall designate.
C. 
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 cart.
[Amended 5-17-1977 by Ord. No. 1081; 12-23-2008 by Ord. No. 08-2413]
Any person who violates the provisions of § 256-2, § 256-3 and/or § 256-4 of this chapter shall, upon conviction thereof, be punished by a fine of $50 for the first offense and $100 for each subsequent offense.
[Added 5-17-1977 by Ord. No. 1081]
Nothing herein contained shall prevent or prohibit the leaving of shopping carts on the outside premises of a market or store if the same are placed in an area designated therefor and so as not to constitute an obstruction or hazard to pedestrians and operators of motor vehicles. The owner or operator of any store making use of shopping carts as herein defined shall not be subject to the penalty provisions of this chapter if such owner or operator has constructed and maintains a cart corral or other device which makes it impossible to roll such shopping cart off of the premises upon which said store is located.