[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades Park 7-8-1976 as Section 3-7 of the Revised General Ordinances of 1975. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- SHOPPING CART or CART
- A hand-drawn or -propelled vehicle or wheeled container made of metal, wood or otherwise, such as is generally provided by retail business establishments for the intended use of their patrons in carting or carrying articles of food or general merchandise.
- STREET and SIDEWALK
- Includes street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert and crosswalk and every class of road, square, place, municipal park, parking field or area, park or other place used by the general public.
The owner of carts, as defined herein, intended for the use of his patrons shall clearly designate on each cart so used the name and address of such owner.
It shall be unlawful for any person or his agent or employee to leave or to suffer or permit to be left any cart either owned by him or in his possession, custody or control upon any sidewalk or street, as defined herein.
The borough shall remove or cause to be removed any cart found upon any sidewalk or street, as defined herein, and shall take the same or cause the same to be taken to property or premises of the borough where the same shall be held until redeemed or sold or otherwise disposed of as hereinafter provided.
Whenever the borough shall take any cart containing identification of ownership or right to possession, a notice shall be sent by the Borough Clerk by ordinary mail to the owner thereof or the person entitled to possession thereof, advising that such cart is held by the borough and that the same may be redeemed upon payment of the amount necessary to redeem it.
Such cart may be redeemed by the owner thereof or the person entitled to the possession thereof, at any time prior to the sale, dismantling, destruction or disposal thereof as hereinafter provided, upon payment of the sum of $5 to cover the cost of removing and storing the same. No cart shall be delivered to a person seeking to redeem the same unless proof, satisfactory to the borough, of such person's ownership or right to possession thereof is submitted. Any delivery to a person apparently entitled thereto shall be absolute defense to the borough against any other person claiming to be entitled thereto. The person to whom delivery ought to have been made may recover the cart, with interest and costs, from the person to whom the same has been delivered.
When any cart remains in the custody of the borough for a period of 15 days after removal and with respect to which no person has presented to the borough proof establishing, to the satisfaction of the borough, such person's ownership or right to possession, the borough shall give public notice by posting in at least three of the most public places in the borough that, at a specified place and time not less than five days after the posting of such notice, such cart will be sold at a public auction at the best price to be obtained but not less than $5, plus the costs and expenses of advertising the sale. A copy of the notice shall be mailed by ordinary mail to the person whose name and address shall be designated on such cart as the owner thereof. A general description of the cart to be sold in the notice of sale shall be sufficient. If, after such notice of sale is given, any person apparently entitled to the ownership or possession thereof desires to redeem any cart prior to the sale thereof, such person shall pay to the borough for redemption the sum of $5, plus the costs and expenses of advertising the sale. The sale shall be conducted by the Borough Clerk or by such person as the Mayor and Council shall designate.
In the event that the cart shall remain unsold at the public auction, the borough may reoffer the 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 such 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 an interest therein.
Immediately after a cart is redeemed, the Borough Clerk shall pay over to the Collector of Taxes the amount received for redemption, costs and expenses, together with an itemized statement thereof. Immediately after the sale or other disposition of such cart, the Borough Clerk shall pay over to the Collector of Taxes the proceeds of the sale or other disposition of such cart, with an itemized statement of the price received and the costs and expenses of such sale, and the Collector shall retain and credit the general funds of the borough with so much of the proceeds as equals the costs and expenses of such sale, plus $5 for each cart sold to cover the cost of removing and storing the same. The remainder of the moneys realized from the sale shall be paid, without interest, to the lawful owner of the cart sold.
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 the 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 and that violators thereof are subject to a fine or imprisonment.
This chapter shall not apply to any cart or other article of personal property which may come into the possession or custody of any department of the borough pursuant to any other ordinance, law or regulation.
Any person who shall violate the provisions of this chapter shall, upon conviction thereof, be liable to the penalty as stated in Chapter 1, General Provisions, § 1-15. This is in addition to any fees for retention of impounded property or the costs of sale chargeable to an owner or person entitled to possession of impounded property as hereinabove provided.