[HISTORY: Adopted by the Common Council of the City of Peekskill 8-21-2023 by L.L. No. 5-2023. Amendments noted where applicable.]
As used in this chapter, the following terms shall mean as indicated
below:
The merchant, purveyor of foods or other goods, establishment
or corporation who or which provides patrons or customers with shopping
carts and, as a result thereof, has the responsibility under this
chapter of placing the prescribed identification upon such carts.
A street, sidewalk, avenue, road, alley, lane, highway, broadway,
concourse, driveway, culvert, crosswalk, every class of road, square,
place, municipal parking lot and other places or spaces available
to or used by the general public.
A hand-drawn or -propelled vehicle or wheeled container made
of wire, metal, wood or other material, such as is generally provided
by merchants for carting or carrying merchandise or food stuffs to
automobiles or other places, hereinafter also referred to as a "cart."
It shall be unlawful and a violation of this chapter for any
owner to suffer or permit any person to take any shopping cart from
the owner's premises or parking area, except to convey the same
to an adjoining private or public parking lot or a sidewalk area immediately
in front of or contiguous to the owner's premises. Within 90
days of the effective date of this chapter, the tenant or owner shall
take means to prevent removal of shopping carts from the property
such as, but not limited to, patrolling premises, installing wheel
locks, utilizing a lock mechanism or coin deposit, or a perimeter
locking device.
It shall be unlawful for any person to remove a shopping cart
or suffer or permit such removal of a shopping cart from the property
of any owner, except to convey the same to an adjoining private or
public parking lot or a sidewalk area immediately in front of or contiguous
to the owner's premises, and except that owners may move carts,
in bulk, from one store to another store or to another location. All
shopping carts removed from the owner's premises must be promptly
returned to that property from any sidewalk, private parking lot,
or public parking lot.
Within 90 days of the effective date of this chapter, every
owner shall mark or cause the same to be marked and identified conspicuously
with the name and address of the owner. Such identification shall
be in the form of a metal tag securely fastened to the cart or a cutting
or stamping on the frame of the cart, or as otherwise approved by
the City of Peekskill.
Within 90 days of the effective date of this chapter, all owners
shall display and maintain conspicuous signs in English and Spanish
on the premises near all customer entrances and exits that notify
customers that removal of shopping carts is prohibited by law and
violators are subject to fines and/or imprisonment.
It shall be unlawful for any person to leave or suffer or permit
to be left upon any public place any shopping cart.
This chapter shall not apply to any shopping cart or personal
property which may come into the possession or custody of any department
of the City pursuant to this or any other ordinance, law or regulation.
Any person or entity who violates the provisions of the chapter
shall, upon conviction thereof, be punished by a fine of not less
than $150 and not more than $250 for a first offense. A second offense
against the provisions of this chapter (committed within a three-year
period, looking back from the date of the violation, regardless of
the fines imposed on the prior violation) shall be punishable by a
fine of not less than $250 and not more than $500. A third offense
against the provisions of this chapter (committed within a three-year
period, looking back from the date of the violation, regardless of
the fines imposed on prior violations) shall be punishable by a fine
of not less than $500 and not more than $1,000. All subsequent offenses
against the provisions of this chapter committed within a three-year
period, looking back from the date of the violation, regardless of
the fines imposed on the prior violations, shall be punishable by
a fine of $1,000 or by imprisonment for a term not to exceed 15 days,
or both.
The Director of City Services or the Building Inspector (or
his/her designee) shall remove, or cause to be removed, from time
to time, any shopping cart found upon any public place, and shall
take the same to City property where it shall be held until redeemed,
sold or otherwise disposed of as provided in this chapter.
Whenever the City shall remove any shopping cart bearing identification
of ownership, the Director of City Services or the Building Inspector
(or his/her designee) shall mail a notice to the owner at the address
shown on the identification tag, cut, stamp or other City-approved
marking. Such notice shall advise that such cart may be redeemed upon
payment to the Department of Finance of the sum of $50 for each cart
so redeemed and shall set forth the place for the redemption of such
cart where possession of the same may be procured. Payment for redemption
shall be made to the Department of Finance and a receipt shall be
given therefor, which receipt shall entitle such owner to redeem,
at the place of storage thereof, one or more carts, as provided for
in said receipt, upon surrender of the same at the place of storage
of such cart or carts. No cart shall be delivered to a person seeking
to redeem the same unless proof is submitted establishing, to the
satisfaction of the City, such person's ownership or right to
possession. 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.
After the mailing of the notice provided for in § 465-10 of this Code or after removal of a shopping cart bearing no identification of ownership, the City shall, from time to time, sell such carts at public auction. Notice of such public auction shall be given by publication in the official newspaper of the City by publication at least once, the first date of publication to be not less than 10 days' prior to the date of public auction, and shall set forth the time and place of holding such public auction and shall also advise that said carts will be sold at public auction. Any cart or carts may be redeemed by the owner thereof at least two days' prior to such public auction upon payment to the City of the sum of $50 for each cart. No cart shall be delivered to a person seeking to redeem the same unless proof is submitted establishing, to the satisfaction of the City, such person's ownership or right to possession. 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. Such sale at public auction shall be conducted by the Director of City Services, or such other person as he or she shall designate.
If a shopping cart is not sold at public auction, the City may
similarly offer the same again for sale at public auction or may dismantle
or destroy or otherwise dispose of such cart. Any disposition of such
cart made pursuant to this chapter shall be without any liability
on behalf of the City or to any person lawfully entitled thereto or
having any interest therein.
Upon a redemption or sale of a shopping cart, the proceeds shall
be deposited in the general funds of the City.
This chapter shall take effect on the date on which this chapter
is filed with the Secretary of State.
