Village of Cedarhurst, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 2-5-2007 by L.L. No. 1-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 224.
It is the intent of this chapter to eliminate danger and inconvenience to the public caused by the abandonment of shopping carts in public places, including but not limited to streets, sidewalks and parking fields within the Village of Cedarhurst, where the abandoned carts may become an obstacle and hazard to pedestrian and vehicular traffic.
A. 
For the purpose of this chapter, the following terms shall have the meanings indicated:
ABANDON
Includes leaving, discarding, dumping, throwing or placing of shopping carts or similar devices in public places.
CART or SHOPPING CART
Any rolling or nonrolling basket or container and any parts or parts thereof commonly used in supermarkets or self-service stores as a conveyor or carrier of merchandise.
OWNER
The merchant or purveyor of merchandise who provides patrons with shopping carts and the person responsible for cart tag identification under the provisions of this chapter.
PERSON
Includes a natural person, a corporation, a partnership, association, joint-stock company, society, limited-liability company or profession, and any other entity capable of being sued in a court of law.
PUBLIC PLACE
Any street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, thoroughfare, off-street parking area, parking field, commercial parking lot, municipal parking facility, park, parking space, sidewalk, vacant lot, plot, parcel of land and all other spaces or places available to or used by the general public.
B. 
Word usage. The words "or" and "and," as used herein, may be construed interchangeably where such meaning is necessary to effectuate the purpose of this chapter.
It shall be unlawful for any person to provide carts for patrons' use on store or business premises unless the cart has permanently affixed to it a sign, metallic tag or other means for clearly identifying the owner of the cart and the specific store location at which said cart is used.
It shall be unlawful for any owner to suffer or permit any person to take any cart from the owner's premises or parking area and thereafter abandon, discard, leave, place, suffer or permit any cart to be left or placed in a public place.
At its discretion and in addition to any other penalty authorized pursuant to this Code, the Village is hereby authorized to seize and remove or cause to be removed any abandoned shopping cart from any public place, without notice, and shall take or cause the same to be taken to a facility for redemption or disposition as hereinafter provided.
A. 
Whenever the Village removes or causes to be removed any shopping carts having identification of ownership or right of possession, notice of the removal shall be sent by certified mail, return receipt requested, advising of the removal, the facility to which it was removed and the amount necessary to redeem this article.
B. 
Any shopping carts removed from public places may be redeemed by the owner thereof any time prior to disposal by the Village by tendering to the office of the Village Clerk, during regular business hours at his office, the sum of $5 for each cart, plus the sum of $1 for each day or part thereof that the said property is held by the Village after the owner has been duly notified by certified mail.
C. 
The Village Clerk shall require satisfactory proof of ownership or lawful right to possession of the property sought, prior to release. Any return of property by the Village Clerk to a person claiming the same pursuant to this chapter shall be an absolute defense to the Village against any other person claiming same.
In accordance with Article 13-A of the General Municipal Law and Article 7-B of the Personal Property Law, the Village Clerk may dispose of shopping carts held by the Village of Cedarhurst for a period of 15 days or more at a public auction held pursuant to notice.
A. 
Public notice. Public notice of the auction shall be given by publication once in the official newspaper or a newspaper designated by the Village Board for Village notices, at least five days prior to the auction, and shall contain the time and place of the auction, together with a brief description of the articles to be sold.
B. 
Proceeds. All proceeds received from the redemption of or sale of shopping carts at auction herein provided shall be collected, applied and disbursed as damages to the Village of Cedarhurst for the costs of administration of this chapter; and any such sales or other dispositions shall be without liability on the part of the Village to the owner of the carts or other persons having an interest therein.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $250 for each violation.