[HISTORY: Adopted by the City Council of the City of Englewood 10-5-1978 by Ord. No.
2335 as §§ 15-1, 15-21 to 15-32 of
the 1978 Revised General Ordinances. Amendments noted where applicable.]
As used in this chapter, 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 is generally provided by
merchants for carting or carrying merchandise or foodstuff within
a store or to automobiles.
A physical barrier, consisting of metal poles imbedded in
the ground, or a masonry or other wall or structure, capable of preventing
shopping carts from being removed from the premises.
No person shall make any shopping cart or carts available for
use by customers for handling or carrying food, goods or other merchandise
in or about any store or other business establishment unless the premises
on which such store or other business establishment is located contains
a corral, certified by the Chief Inspector to be sufficient to prevent
the removal of any such shopping cart from such premises.
It shall be unlawful for any person to remove a cart as defined
herein from the property of any food-dispensing establishment.
No person shall leave or suffer or permit to be left, any cart,
either owned by him or in his possession, custody or control, upon
any sidewalk or street.
The City shall remove or cause to be removed any cart found
upon any sidewalk or street and shall take same to City property where
it shall be held until redeemed, sold or otherwise disposed of, as
hereinafter provided.
Whenever the City shall have taken possession of any cart containing
identification as to the ownership or right to possession thereof,
a notice shall be sent by ordinary mail to such person advising that
such cart is held by the City and that said cart may be redeemed upon
payment of a fee of $4 but not to exceed $50 to the City.
A.
B.
No cart shall be delivered to a person seeking to redeem, unless
proof is submitted establishing to the satisfaction of the City such
person's ownership or right to possession, and any delivery to
a person deemed entitled thereto by the City, from the proof submitted,
shall be an absolute defense of the City against any other person
claiming to be entitled thereto.
A.
When any cart remains in the custody of the City for a period of 15 days, and no person has presented to the City proof establishing to its satisfaction such person's ownership or right to possession thereof, the City may, at any time thereafter, 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 the sum provided for in § 347-6 plus the costs of advertising the sale.[1]
B.
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 City, for
redemption, the sum of as provided in 347-6 plus the costs of advertising
the sale.[2]
C.
The aforesaid notice shall be sufficient if it contains a general
description of the cart to be sold.
D.
The aforesaid sale shall be conducted by the City Clerk or by such
person as the Council shall designate.
If such cart is not sold at public auction, the City 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 City 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 City.
This chapter shall not apply to any cart or personal property
which may come into the possession or custody of any department of
the City pursuant to any other ordinance, law or regulation.
[Amended 2-6-1990 by Ord. No. 90-02]
A.
Any person who violates any provision of this chapter shall upon
conviction thereof be punished by a fine not exceeding $1,000 or by
imprisonment for a term not exceeding 90 days, or both.
B.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.