[HISTORY: Adopted by the Board of Trustees of the Village of Suffern 8-23-1971. Sections 224-2, 224-3, 224-4B and C and 224-5A, C and D amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
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 such as streets and sidewalks within the Village of Suffern, where the abandoned carts may become an obstacle to traffic and a hazard to pedestrians.
Definitions. For the purpose of this chapter, the following definitions shall be included in the words or phrases used:
- Leaving, discarding, dumping, throwing or placing of personal property in public places.
- CART OR SHOPPING CART
- Any rolling or nonrolling basket or container and any part or parts thereof commonly used in supermarkets or self-service stores as a conveyor of goods, wares and merchandise.
- The merchant or purveyor of foods or other goods who provides patrons with shopping carts and the person responsible for cart-tag identification under the provisions of this chapter.
- A natural person of either sex, a corporation, a partnership, an association, a joint-stock company, a society and all other entities capable of being sued.
- PUBLIC PLACE
- Any street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, thoroughfare, off-street parking area, parking field, municipal parking facility, park, parking space, sidewalk, vacant lot, plot, parcel of land and all other space or places available to or used by the general public.
- The incorporated area of the Village of Suffern.
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.
The Superintendent and Department of Public Works employees are hereby authorized to seize and remove or cause to be removed any abandoned shopping cart from any public place within the Village, without notice, and shall take or cause the same to be taken to a facility within the Village for redemption or disposition as hereinafter provided.
Whenever the Superintendent 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 certifed mail, return receipt requested, advising of the removal, the facility to which it was removed and the amount necessary to redeem the article.
Any shopping carts removed from public places within the Village may be redeemed by the owner thereof any time prior to the disposal by the Village by tendering to the Department of Public Works during regular business hours at its office the sum as set by resolution of the Board of Trustees in the Standard Schedule of Fees for each day or part thereof that said property is held by the Village after the owner has been duly notified by certified mail.
The Department of Public Works shall require satisfactory proof of ownership or lawful right to possession of the property sought prior to release. Any return of property by the Department of Public Works to a person claiming the same pursuant to this chapter shall be an absolute defense to the Village against any other person claiming the same.
Public notice of the auction shall be given by publication once in a newspaper designated by the Board of Trustees as an official newspaper for that purpose and by posting on the signboard maintained by the Village Clerk 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 offered for sale.
In the event that the property or part thereof remains unsold at the public auction, the Department of Public Works may reoffer the same for sale at another public auction or may sell or otherwise dispose of any unsold articles in any manner permitted by law. Any sale or other disposition shall be without liability on the part of the Village to the owner of the property or other person having an interest therein.
All proceeds received from the redemption and sale of the personal property as hereinbefore provided are to be applied to the account of the Department of Public Works in order to defer the cost of enforcing the provisions of this chapter.