[HISTORY: Adopted by the Mayor and Council of the Borough of East
Rutherford as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-1-1982 as Sec.
3-4 of the 1982 Recodification]
Any person providing to his customers or patrons shopping carts which,
being mounted on wheels, are able to be moved off of the premises of such
person shall cause to be placed and maintained upon such shopping carts in
a conspicuous manner the name of the owner thereof and shall likewise place
and maintain thereon in such conspicuous manner a further notice reading as
follows: "The removal of this cart from these premises is prohibited by law."
No person shall move, push or carry any shopping cart belonging to and
bearing the name of another person or owner upon any street, sidewalk of other
public place or private property other than the premises of the owner of the
shopping cart.
[Amended 4-17-2007 by Ord. No. 2007-04]
A.
The person operating a place of business which supplies his shopping
carts for the use of his customers or patrons shall keep the sidewalk, parking
lots and parking areas in front of his business premises clear of such shopping
carts by removing therefrom any shopping carts left thereon by his customers
or patrons; provided, however, that he may, while his place of business is
open, maintain in a suitable area not interfering with the ingress and egress
of customers or patrons on foot or in automobiles a place for the orderly
collection of such shopping carts. No person using a shopping cart shall leave
the same in any place outside of the premises of the owner other than in the
designated outside collection area.
B.
Any business which provides shopping carts for use by its patrons
shall be responsible for the recovery of those carts left abandoned within
the boundaries of the Borough of East Rutherford.
[Amended 10-17-1995 by Ord.
No. 95-11; 4-17-2007 by Ord. No. 2007-04]
A.
For failure to recover within 24 hours those shopping carts removed from the premises, the person or business owning the cart shall be fined in an amount established in Subsection B for each cart not so recovered. In addition, any person who has in its possession a shopping cart not on the property of the owner shall be fined in an amount established in Subsection B.
B.
For any violation of this article for failure to recover abandoned
shopping carts, or removal of a cart from the owner's premises, a fine of
$250 per cart shall be assessed against the owner of the cart or any person
in possession of a cart not on the property of the owner.
[Adopted 4-16-1985 by Ord.
No. 85-1]
As used in this article, the following terms shall have the meanings
indicated:
A hand-drawn or propelled vehicle or wheeled container made of metal,
wood or other material such as provided by merchants for the use of their
customers in carting or carrying goods, wares and merchandise to automobiles
or other vehicles.
Includes any street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert, crosswalk, sidewalk, park, public parking lot,
public parking area and public places used by the general public.
It shall be unlawful for any persons to leave or suffer or permit to
be left any cart, either owned by him or in his possession, custody or control
upon any public thoroughfare or upon any private property not his or her own.
Any cart provided or made available for use by any person, his agent
or employee shall have securely attached thereto a plainly visible metal or
plastic identification tag. The number of the cart, the name and address of
its owner and location of the premises where it is actually available for
use shall be legibly printed on the identification tag.
The Department of Public Works or members of the Police Department or
Borough Ordinance Enforcer Department shall be authorized to enter upon premises
at any reasonable hour of a business day where carts are provided for the
purpose of inspecting carts for proper identification and otherwise effecting
compliance with the provisions of this article.
The Department of Public Works or the Ordinance Enforcer for the borough
shall remove or cause to be removed any cart found upon any street and shall
take the cart to a place provided by the borough where it shall be held until
redeemed, sold or otherwise disposed of as hereinafter provided in this article.
A.
Whenever the Public Works Department or a Borough Ordinance
Enforcer shall take any cart into their possession bearing identification
of ownership or right to possession, a notice shall be sent by ordinary mail
to such person advising him or it that such cart is so being held and stored,
and that the cart may be redeemed upon payment to the borough of a fee or
charge of $15.
B.
Such a cart may be redeemed by the owner thereof as shown
by the identification of ownership or right to possession prior to a sale,
dismantling, destruction or disposal thereof, and he or it shall be entitled
to receive such cart upon payment of the fee or charge of the sum of $15.
When any cart remains in the custody of the borough for six months after
coming into its possession 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 a newspaper
circulating in the borough that, at a specified time and place, such cart
will be sold at public auction. The sale shall be conducted by the Borough
Clerk or by such other persons as the Mayor and Council shall designate. If
after such notice of sale is given, an owner or other person entitled to redeem
any cart may, prior to the sale, redeem the cart and pay to the borough or
its duly authorized agent the sum of $20.
Upon a redemption or sale of a cart, the proceeds shall be deposited
in the general funds of the borough or in such a manner as shall be designated
by the Mayor and Council.
