Village of Johnson City, NY
Broome County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Johnson City 6-18-2013 by L.L. No. 7-2013. Amendments noted where applicable.]
The Village Board of the Village of Johnson City hereby finds and declares that abandoned shopping carts pose a serious problem for its residents and merchants. The unabated proliferation of abandoned shopping carts is a physical hazard and blight upon the landscape of our Village and costs taxpayers, merchants and homeowners substantial monies to avoid and remove. Shopping cart abandonment is harmful to the public and violates the welfare and general good of the citizens and residents of the Village.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENT
The act of leaving, deserting or giving up control and/or possession of a shopping cart in a public place.
PUBLIC PLACE
Any street, highway, sidewalk or other publicly owned property to which the public or a substantial number of persons have access.
SHOPPING CART
Any device, vehicle or wheeled container of the kind customarily provided by merchants to customers for the purpose of carrying merchandise.
Every supermarket or business establishment operating within the Village, or whose operations touch, border, concern or otherwise involve the Village and/or its residents, that makes shopping carts available to the public shall permanently mark said carts with the name and address of the owner.
[Amended 8-6-2019 by L.L. No. 6-2019]
A. 
It shall be unlawful for any person to remove a shopping cart from the premises of the owner of such shopping cart without the written consent of the owner or of his agent, servant or employee given at the time of such removal. For the purpose of this section, the premises shall include the entire parking area set aside by the owner, or on behalf of the owner, for the parking of carts.
B. 
It shall be unlawful for any person to be in possession of any shopping cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
C. 
It shall be unlawful for any person to leave or abandon any shopping cart on any sidewalk, right-of-way, street or other property within the Village of Johnson City other than the property of the owner of the shopping cart.
A. 
The Director of the Public Services, or his or her designee, is hereby authorized to remove or cause to be removed any shopping carts found in any public area he/she determines is abandoned and to store said cart until it is either disposed of or redeemed.
B. 
Within 30 days after said removal, the Public Works Department shall mail a notice, by first-class mail, to the owner of the cart, stating that each cart may be redeemed by the owner at no cost within five business days from the date of the notice or thereafter upon payment to the Village Clerk of $30 per cart.
C. 
Any carts remaining unredeemed after 30 days from the date that notice was provided under Subsection B may be destroyed or otherwise disposed of by the Village.