[HISTORY: Adopted by the Board of Trustees
of the Village of Ocean Beach 12-4-2004 by L.L. No. 3-2004. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A chain or other type of device utilized by the Village of
Ocean Beach to lock and secure a wagon that is in violation of this
chapter.
Refers to the use, putting into motion or causing to function
any of the conveyances herein referred to and defined.
Any three- or four-wheel conveyance operated (by being pulled)
and utilized for the purpose of transporting objects and whose dimensions
measure 24 inches by 48 inches or larger (including the frame and
wheels, but excluding the handle).
Any cart that is designed to be pushed instead of pulled.
A typical steel, metal or plastic cart normally found and
utilized in a grocery store or supermarket.
Any three- or four-wheel conveyance operated (by being pulled)
and utilized for the purpose of transporting objects and whose dimensions
measure less than 24 inches by 48 inches (including the frame and
wheels, but excluding the handle).
Any three- or four-wheel conveyance operated and utilized
for the purpose of transporting objects.
A.
All wagons stored and or parked in the Village wagon
park must be registered and must display a valid registration sticker.
B.
Wagons may only be stored or parked in the appropriate
area within the Village wagon park which corresponds with the type
of registration. For example, oversized wagons may only be stored
in the area designated for oversized wagons.
C.
Wagons may only be secured to the horizontal bars
in the wagon park. Wagons may not be secured to any vertical section
of the wagon racks.
D.
Shopping carts and pushcarts may not be stored in
the Village wagon park at any time.
The presence of a wagon or like device in the
Village wagon park for which the authority to do so has not been granted
under or pursuant to this chapter shall constitute presumptive evidence
that the owner or person claiming control of the wagon or like device
thereof has violated this chapter.
The Board of Trustees, by resolution adopted
from time to time, shall set and establish the procedures and annual
fee to be charged for the issuance of any permit pursuant to this
chapter.
A.
Any person, firm or corporation violating the provisions
of this chapter shall be deemed a disorderly person in violation of
this chapter, which shall constitute disorderly conduct; and such
person shall be punishable, upon conviction thereof, by the prescribed
minimum fine of $25, not to exceed $500, for each offense.
[Amended 7-13-2019 by L.L. No. 03-2019]
B.
In addition to the above, the Village may impound
any wagon that is in violation of this chapter by placing an impound
lock on the offending wagon.
C.
In the event that a wagon or similar conveyance is
impounded by the use of an impound lock, the owner may retrieve the
wagon by the payment of an impound fee in the sum of $20 payable directly
to the Recreational Department. No additional fee shall be assessed.
D.
In the event the owner fails to remedy this violation by payment of the prescribed impound fee (as outlined in § 158-5C of this chapter), the wagon or similar conveyance may be released to the owner by the Ocean Beach Police Department upon the issuance of a summons returnable in Village Court, with the prescribed minimum fine of $25, not to exceed $100, for each offense.
In the event that a wagon or similar conveyance
is impounded by an impound lock and the owner does not cure the violation
as outlined herein within 20 calendar days, the wagon shall be deemed
to have been abandoned by the owner. The Village shall have the right
and authority to dispose of any abandoned wagon in any manner deemed
appropriate by the Village, including but not limited to destruction
thereof.
