Abandoned Shopping Carts

[HISTORY: Adopted by the Town Board of the Town of Greenburgh 6-28-2000 by L.L. No. 4-2000. Amendments noted where applicable.]

§ 420-1. Legislative intent.

§ 420-2. Definitions and word usage.

ABANDON -- The leaving, discarding, dumping or placing of private property, which shall include shopping carts, in a public place or on private property other than the place of the person who makes the shopping cart available to the public.

ESTABLISHMENT -- A person owning, making available or having control of a place where shopping carts are utilized; the place of a person owning, making available or where shopping carts are utilized.

PERSON -- An individual, corporation, partnership, association, joint-stock company, society or other legal entity.

PUBLIC PLACE -- Every class of road, sidewalk, parking lot and other areas publicly owned and operated, or privately owned and open to the public, or a segment thereof, excluding the interior or parking area of any building where a shopping cart was obtained.

REMOVE -- To take, transport or otherwise remove for any purpose, a shopping cart from the interior (if the building should have no parking area accessible to the public) or parking area of the place of the person who makes the shopping cart available to the public. Removal or transport of a shopping cart by the owner or agent of the owner for repair, shipment to another location or for any other legal purpose shall not constitute a violation of this chapter.

SHOPPING CART -- A basket, which is mounted on wheels, or a similar device, generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.

TOWN -- All areas within the Town of Greenburgh outside of any incorporated village therein.

§ 420-3. Removal of shopping carts from property of owner prohibited.

§ 420-4. Abandoning shopping carts prohibited.

§ 420-5. Identification markings required.

§ 420-6. Posting of signs required.

§ 420-7. Disposition of abandoned shopping carts; fees.

1. Abandoned shopping carts are declared to be a nuisance and a hazard.

2. The Commissioner of Public Works of the town, or such other person whom the Town Board may by resolution appoint, may, without notice, remove, from time to time, any shopping cart found in any public place. Confiscated shopping carts shall be impounded at Police Headquarters where they will be held until redeemed, sold or otherwise disposed of as hereinafter provided.
3. Whenever the town shall have impounded three or more carts bearing identification of ownership from any one establishment, the Chief of Police, or such other person whom the Town Board may by resolution appoint, shall mail a notice by certified mail, return receipt requested, to the establishment at the address shown on the shopping cart's identification tag. Such notice shall advise that the impounded shopping carts may be redeemed at Police Headquarters upon payment of the administrative fee of $35 for each shopping cart so redeemed. The notice shall also contain the hours and days during which shopping carts may be redeemed.
4. If, after 15 days following the mailing of the notice described in § 420-7C, no person representing the establishment has presented themselves to the Police Department, or such person as may be designated by resolution of the Town Board, to redeem this property, the town shall have the right to dispose of the shopping carts through public auction or in whatever other manner it deems appropriate.
5. Shopping carts that are impounded that do not contain the identifying information required by this chapter shall be held for a reasonable time at Police Headquarters, such time not to be less than 30 calendar days. During this period, these shopping carts may be reclaimed by the establishment, provided that proof of ownership of the shopping carts is produced, and, further, provided that the administrative fee is paid for each shopping cart redeemed.
6. If, after the minimum thirty-calendar-day period described in § 420-7E has elapsed and no person representing the establishment has presented themselves to the Police Department or such person as may be designated by resolution of the Town Board to redeem this property, the town shall have the right to dispose of the shopping carts that do not contain identifying information through public auction or in whatever other manner it deems appropriate.

§ 420-8. Disposition of proceeds.

§ 420-9. Additional mitigation requirements.

1. Establishments planning to own, make available or have utilized more than 150 shopping carts shall be required to install a system that causes a wheel of the shopping cart to lock when the conveyance is moved across an antenna located at the perimeter of the establishment's parking area.
2. Establishments planning to own, make available or have utilized 150 or fewer shopping carts shall have the option of installing the system described in § 420-9A or a shopping cart handle lock system deactivated through the introduction of a coin or coins that may be redeemed by the user upon return of the shopping cart.
3. Except for establishments utilizing five or fewer shopping carts in their operations, beginning 36 months after adoption of this chapter, all establishments shall be required to have installed the appropriate shopping cart security system mandated for new applicants under § 420-9A and B. At the expiration of this thirty-six month period, it shall be unlawful for any establishment shopping cart not to be equipped with the appropriate security device as described in § 420-9A and B.

§ 420-10. Exceptions.

1. This chapter shall not apply to any cart or personal property which may come into the possession or custody of any department of the town pursuant to any other ordinance, law or regulation.

2. Any person owning, making available or permitting shopping carts to be utilized and actually conducting business in the town at the time this chapter takes effect may apply to the Town Board for an exemption or modification of the requirements of § 420-9. Any such request shall set forth the grounds upon which the exemption or modification is justified, and specifically address concerns of the health, safety and general welfare of the populace; any impacts to the legitimate conduct of business within the town; and the impacts to individual neighborhoods and the community at large. The Board shall not grant any request for an exemption or modification unless the Chief of Police first evaluates the request and makes a favorable recommendation to the Board.
3. The Town Board shall have the authority to rescind any exemption or modification granted under this section upon recommendation from the Chief of Police that shopping carts utilized by an establishment granted the exemption or modification have become either a hazard to the health, safety and general welfare of the populace of the town; adversely affect the legitimate conduct of business within the town; and/or constitute a nuisance detrimental to individual neighborhoods and the community at large. Prior to such rescission, the Town Board shall notify the establishment of the recommendation by the Chief of Police, said notice to be sent by certified mail, return receipt requested, to the person identified in the exception or modification request at the address provided in that request. The establishment shall have 20 days from the date of mailing of the rescission notice to request an opportunity to be heard by the Town Board. The establishment's request shall be made by certified mail, return receipt requested, and shall be deemed timely made if the official postmark of the United States Postal Service is dated within 20 days of the official United States Postal Service postmark on the rescission notice. In the event that an exemption or modification is rescinded, the establishment shall be required to install the additional mitigation measures mandated under § 420-9 within one year of the date notice of the decision was forwarded.
4. The provisions of this section shall not apply to any establishment commencing operations after adoption of this chapter.
5. The provisions of § 420-9 of this chapter shall not apply to establishments with a total of five or fewer shopping carts on their premises.

§ 420-11. Penalties for offenses.

§ 420-12. Appropriation of funds.

§ 420-13. Severability.

§ 660.11 SHOPPING CARTS.

(a) Cart Defined. As used in this section, "cart" means any rolling or nonrolling container or basket made of wire, metal, wood or other material commonly used in supermarkets, self-service stores or markets for transporting merchandise or foodstuffs within the establishments and from the business establishment to a motor vehicle or other building. (1989 Code § 12-44)

(b) Abandoning Carts. No person shall leave or abandon, on any public street, sidewalk or any other public place in the City, any cart from any business establishment, market or food dispensing establishment. (1989 Code § 12-45)

(c) Carts in Parking Lots After Business Hours. No store, supermarket or other business establishment shall allow any cart to remain in the parking lot of the establishment after business hours. (1989 Code § 12-46)

(d) Identification Tags. No store, supermarket or business establishment shall provide to or make available for use by any person a cart which can be removed from the premises of the store, supermarket or business establishment, unless the cart shall have securely attached to it a metallic or plastic identification tag or plate identifying the store, supermarket or business establishment. (Ord. 96-018. Passed 8-12-96.)

(e) Inspections. The Police Department may conduct inspections of any premises where carts are provided and available for use during business hours in order to inspect such carts for proper identification tags. (1989 Code § 12-48)

(f) Impounding Abandoned Carts; Redemption by Owner.

(1) The Police Chief shall remove or cause to be removed any cart found abandoned in any public place. Such cart shall be impounded at any City-owned storage facility available for such purpose.

(2) The Police Department shall notify the owner of the cart by ordinary mail within three days of such impoundment.

(3) The owner may reclaim the cart for $2 within fifteen days of the date of the notice of impounding. (1989 Code § 12-49)

(g) Sales of Unredeemed Carts. Carts remaining unclaimed or unredeemed beyond the 15 days after notice shall be disposed of by public auction. Notice of such auction shall be given at least 14 days before the auction in a newspaper of general circulation in the City. (1989 Code § 12-50)

(h) Destruction of Impounded Carts.

(1) If any impounded carts remain unsold at public sale, the Chief of Police may dismantle, destroy, sell or dispose of the unclaimed carts in any manner.

(2) Any public sale or other disposition of the carts shall be without liability on the part of the City to the owner of the carts or any other person legally entitled to or having an interest therein. (1989 Code § 12-51)

(i) Report of Redemptions.

(1) Within 30 days of redemption of the property, the Chief of Police shall pay over to the Clerk/Treasurer the amount received for the redemption.

(2) At the same time, the Chief of Police shall deliver to the Clerk/Treasurer a detailed statement concerning the redemption. The statement shall include:

A. Identity of the property;

B. The name and address of the redemptor; and

C. The amount received from the redemptor. (1989 Code § 12-52)

[HISTORY: Adopted by the Council of the City of Coatesville 10-10-1989 by Ord. No. 845-89 as Ch. 110 of the 1989 Code. Amendments noted where applicable.]

Fees -- See Ch. 108.

§ 187-1. Definitions. [Amended 5-28-1996 by Ord. No. 1012-96]

SHOPPING CART -- Those pushcarts of the type or types which are commonly provided by grocery stores, markets and other types of stores for the use of the public in transporting commodities in stores, markets and other types of stores and incidentally from the store to a place outside the store.

§ 187-2. Users to return carts to store premises.

§ 187-3. Violations and penalties. [Amended 5-28-1996 by Ord. No. 1012-96]

§ 187-4. Definitions.

SHOPPING CART -- Those pushcarts of the type or types which are commonly provided by grocery stores, markets and other types of stores for the use of the public in transporting commodities in stores, markets and other types of stores and incidentally from the store to a place outside the store. [Amended 5-28-1996 by Ord. No. 1012-96]

§ 187-5. Abandoned carts to be impounded.

§ 187-6. Notice to owners to redeem. [Amended 9-9-1996 by Ord. No. 1033-96]

§ 187-7. Redemption fee. [Amended 5-28-1996 by Ord. No. 1012-96; 9-9-1996 by Ord. No. 1033-96]

§ 187-8. Disposal of unredeemed carts.

§ 187-9. Effect on other legislation.

[HISTORY: Adopted by the Council of the Township of Montclair 11-27-1990 by Ord. No. 90-51. Amendments noted where applicable.]

Nuisances -- See Ch. 218.

§ 273-1. Removal from commercial establishments.

§ 273-2. Notice to be posted.

§ 273-3. Abandonment of carts in public.

§ 273-4. Retrieval of abandoned carts; charge for return.

§ 273-5. Violations and penalties.

§ 273-6. Payment of fines and charges into treasury.

[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.]

§ 336-1. Definitions.

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.

§ 336-2. Owner identification on cart.

§ 336-3. Leaving carts on public property prohibited.

§ 336-4. Removal from property of owner.

1. 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 two hundred (200) feet of such establishment.
2. In any event, the provisions of § 336-3 of this chapter shall remain in full force and effect.

§ 336-5. Posting of notice by business establishment. [Amended 12-3-1974 by Ord. No. 994]

§ 336-6. Impounding of carts found on public property.

§ 336-7. Notice of impoundment.

§ 336-8. Redemption of impounded carts.

1. 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 five dollars ($5.). [Amended 12-3-1974 by Ord. No. 994]
2. 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]

§ 336-9. Selling impounded carts at public auction. [Amended 8-26-1991 as Ord. No. 1451]

§ 336-10. Disposition of impounded carts.

§ 336-11. Nonliability of borough.

§ 336-12. Disposition of moneys received. [Amended 8-26-1991 as Ord. No. 1451]

§ 336-13. Violations and penalties. [Amended 3-25-1985 by Ord. No. 1281]

1. 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.
2. 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.
3. In the event of a continuing violation, each day shall constitute a separate offense.