[HISTORY: Adopted by the Mayor and Council of the Borough of Dumont by Ord. No. 920 (Secs. 13-49 through 13-56 of the 1970 Revised Ordinances). 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:
- A hand-drawn or propelled vehicle or wheeled container made of metal, wood or otherwise, such as is generally provided by merchants for the carting or carrying to automobiles or other places of merchandise or foodstuffs.
- STREET AND SIDEWALK
- Such term shall include 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.
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 street or sidewalk.
The Director of Public Works shall remove or cause to be removed any cart found upon any street or sidewalk 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.
Whenever the Director 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 Director of the Department of Public Works, and advising the amount necessary to redeem.
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 $20. 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 unless proof establishing to the satisfaction of the Director of Public Works such person's ownership or right to possession is submitted. 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. The person to whom delivery ought to have been made may recover the same with interest and costs from the person to whom the same shall have been delivered.
When any impounded cart remains in the custody of the Director of Public Works for a period of 15 days after impoundment and with respect to which no person has presented to the Director of Public Works proof establishing to his satisfaction such person's ownership or right to possession, the Borough Clerk shall give public notice in the official newspaper 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 Borough Clerk, or by such person as she may designate.
In the event that any impounded cart shall remain unsold at public auction, the Director of Public Works may reoffer such cart for sale at a subsequent public auction held pursuant to this chapter, or he 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 interest therein.
Immediately after an impounded cart is redeemed, the Director 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 Borough Clerk or person designated by her shall pay over to the Borough Treasurer the proceeds of sale or other disposition of such cart, with an itemized statement of the article sold, the price received and the costs and expenses of sale, and the Borough Treasurer shall retain such proceeds and credit them to the general fund.