[HISTORY: Adopted by the Mayor and Council of the Borough of Ridgefield 11-6-1974 by Ord. No. 992 as Ch. 94 of the 1967 Code. Amendments noted where applicable.]
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
CART
A hand-drawn or -propelled vehicle or wheeled container such as is generally provided by merchants for the carting or carrying of merchandise or foodstuffs to automobiles or other places.
PARKING YARD and PARKING PLACE
Any place which is open to the public or to which the public is invited, whether maintained or operated separately or in conjunction with any business or enterprise.
PERSON
Includes a person of either sex or a corporation, partnership, association, joint-stock company, societies and other entities capable of being used.
STREET or SIDEWALK
Includes any street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert or crosswalk, and every class of road, square, place, municipal park, parking field or area, parks or other places used by the general public, and parking yard and parking place.
Any shopping cart made available for use by a retail store shall have securely attached thereto proper identification clearly indicating the name of the owner of the cart.
It shall be unlawful for any person or his agent or employee to leave or to cause or permit or allow to be left any cart, either owned by him or in his possession, custody or control, upon any street or sidewalk or public property.
A. 
It shall be unlawful for any person or his agent to remove a cart from the property of any food or merchandise dispensing establishment, except where such person removes the cart to a municipal parking lot or public parking area within 200 feet of such establishment.
B. 
In any event, the provisions of § 336-3 of this chapter shall remain in full force and effect.
[Amended 12-3-1974 by Ord. No. 994]
Every retail business establishment providing carts, as defined herein, for the intended use of the patrons thereof, shall display a notice in a conspicuous place at or near the entrance to said retail business establishment that it is unlawful to leave or suffer or permit to be left any cart upon any sidewalk, street or other public place; that it is unlawful for any person to remove a cart from the property of any food or merchandise dispensing establishment, except where such person removes the cart to a municipal parking lot or public parking area within 200 feet of such establishment; and that violators thereof are subject to fine or imprisonment.
The Department of Public Works shall remove or cause to be removed any cart found upon any street or sidewalk or public property and shall take the same or cause the same to be taken to property or premises of the Department of Public Works where the same shall be held until redeemed or sold, as provided in this chapter.
Whenever the Department of Public Works shall receive any cart containing identification of ownership or right to possession, a notice shall be sent by ordinary mail to such person, advising that such cart is held by the Borough and advising the amount necessary to redeem.
A. 
Any impounded cart may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof, and he shall be entitled to receive such cart upon tendering the sum of $5.
[Amended 12-3-1974 by Ord. No. 994]
B. 
In addition, the person seeking to redeem shall pay the cost of advertising the sale thereof, if any. No cart shall be delivered to a person seeking to redeem it unless proof is submitted establishing to the satisfaction of the Director of the Department of Public Works such person's ownership or right to possession. Any delivery to a person apparently entitled thereto shall be a good defense to the Borough against any other person claiming to be entitled thereto.
[Amended 8-26-1991 as Ord. No. 1451]
[Amended 8-26-1991 as Ord. No. 1451]
Where any impounded cart remains in the custody of the Department of Public Works for a period of 10 days after impoundment and with respect to which no person has presented to the Director proof establishing to his satisfaction such person's ownership or right to possession, the Director shall give public notice in a newspaper authorized to publish notices of the Borough advising that at a specified place and time, not less than five days after such notice is published, such cart shall be sold at public auction for the best price to be obtained. A general description in such notice of the cart to be sold shall be sufficient. Such sale shall be conducted by the Director or by such person as he or she may designate. In no event shall any cart be sold for less than the cost of redemption, plus the cost of advertising.
In the event that any impounded cart shall remain unsold at public auction, the Department of Public Works may reoffer such cart for sale at a subsequent public auction held pursuant to this chapter, or it may dismantle, destroy or otherwise sell or dispose of such cart.
Any sale or other disposition of such cart pursuant to this chapter shall be without liability on the part of the Borough to the owner of such cart or other person lawfully entitled thereto or having interest therein.
[Amended 8-26-1991 as Ord. No. 1451]
Immediately after an impounded cart is redeemed, the Department of Public Works shall pay over to the Borough Treasurer the amount received for redemption costs and expenses of the article redeemed, together with an itemized statement thereof. Immediately after a sale or other disposition of such cart, the Director or person designated by him shall pay over to the Borough Treasurer the proceeds of the sale or other disposition of such cart, with an itemized statement of the article sold, the price received and the costs and expenses of the sale, and the Borough Treasurer shall retain such proceeds and credit them to the general fund.
[Amended 3-25-1985 by Ord. No. 1281; 6-28-2010 by Ord. No. 2133]
A. 
If this chapter of the Code of the Borough of Ridgefield provides for the licensing or permitting of the violator, the Mayor and Council of the Borough of Ridgefield reserve the right to revoke such permit or license.
B. 
Any person found guilty of violating this chapter of the Code of the Borough of Ridgefield shall be subject to a penalty consisting of a fine or imprisonment, or both, subject to the discretion of the Judge, the maximum of which shall be the maximum fine or term of imprisonment permitted to be imposed by the court having jurisdiction over the violation of this chapter of the Code of the Borough of Ridgefield; provided, however, that the fine shall not be less than $100 nor more than $2,000 per offense and the prison term shall not exceed 90 days in accordance with N.J.S.A. 40:49-5.
C. 
In the event of a continuing violation, each day shall constitute a separate offense.