[HISTORY: Adopted by the Township Council
of the Township of Cedar Grove 6-7-1971 as Ord. No. 71-6, Ch. 13,
Art. 14, of the former Revised Ordinances. Amendments noted where
applicable.]
GENERAL REFERENCES
Littering — See Ch. 168.
Public health nuisances — See Ch. 179.
Property maintenance — See Ch. 197.
STATUTORY AUTHORITY
General police powers — See
N.J.S.A. 40:69A-29.
Maintaining streets clear of debris — See
N.J.S.A. 40:67-1(g).
As used in this chapter, the following terms
shall have the meanings indicated:
The person who owns or has possession, custody or control
of shopping carts which are made available for the use of patrons
in connection with the operation of a retail business.
Includes a natural person, corporation, partnership or association.
A cart of the type commonly provided by retail stores and/or
supermarkets and used for the convenience of patrons.
Any street, avenue, road, alley, lane, highway and parking
lot, and includes the land between the street lines, whether improved
or unimproved, and may comprise pavements, shoulders, gutters, sidewalks,
parking areas and other places within the street lines and places
used by the general public.
The Township of Cedar Grove.
The owner or owners of shopping carts used in
connection with any retail business and intended for use by patrons
shall clearly designate, on each cart, the name of such owner or owners.
It shall be unlawful for any person to remove
a shopping cart from the premises of a retail establishment or bring
into the Township any shopping carts.
It shall be unlawful for any owner or owners
to leave any such cart or permit any such cart to be left unattended
or abandoned on any street or public place within the Township of
Cedar Grove. Any owner who shall directly or indirectly permit or
suffer his customers to take said carts off the business premises
of said owner shall be responsible if such carts are abandoned or
left unattended on a public street or public place.
The owner shall conspicuously display signs
in and outside of store premises prohibiting removal of shopping carts
from property.
The Township shall remove or cause to be moved
any cart found abandoned or left unattended on any street and shall
take the same to Township property, where it shall be held until redeemed,
sold or otherwise disposed of as hereinafter provided.
Whenever the Township shall take any cart containing
the owner's identification, a notice shall be sent by ordinary mail
to such owner advising that the cart is held by the Township and may
be redeemed upon payment of $5 to the Township at any time prior to
a sale, dismantling or destruction thereof as hereinafter provided.
No cart shall be delivered to a person seeking to redeem the same
unless such person shall furnish satisfactory evidence of ownership
or right to possession.
When any cart remains in the custody of the
Township for a period of 15 days after removal, and with respect to
which no person has presented to the Township proof establishing to
its satisfaction such person's ownership or right to possession, the
Township 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 cart will be sold at public auction for
not less than $5 plus the costs of advertising the sale. If, after
such notice of sale is given, any person desires to redeem any cart
prior to the sale, such person shall pay to the Township for redemption
the sum of $7.50 plus the costs of advertising the sale. A general
description of the cart to be sold shall be sufficient. Said sale
shall be conducted by the Township Manager or by such person as the
Council shall designate.
If said cart is not sold at public auction,
the Township may offer it again for sale or may dismantle, destroy
or otherwise dispose of such cart. Any disposition of such cart made
pursuant to this chapter shall be without any liability of the Township
to the owner of such cart or other person lawfully entitled thereto
or having an interest therein.
Upon a redemption or sale of a cart, the proceeds
shall be deposited in the general funds of the Township.
[Amended 1-9-1978 by Ord. No. 77-64; 7-30-1984 by Ord. No. 84-222; 10-23-2006 by Ord. No. 06-656]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $2,000 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
