[HISTORY: Adopted by the Town Board of the Town of Islip 3-25-69
as Local Law No. 3, 1969. Amendments noted where applicable.]
The Town Board of the Town of Islip hereby finds and declares that the
unlawful taking, the misuse and the abandonment of shopping carts and similar
conveyances is a threat to the protection and preservation of the property
of the Town and its inhabitants, constitutes a hazard to the health, safety
and general welfare of the populace of the Town, and adversely affects the
legitimate conduct of trade and business in the Town of Islip and constitutes
a nuisance detrimental to the neighborhood and the community at large.
A.
TOWN
PERSON
PUBLIC PLACE
SHOPPING CART
Definitions. When used in this local law:
Includes all areas within the Town of Islip, exclusive of areas wholly
within any incorporated Village.
Shall mean an individual, corporation, partnership, association,
joint-stock company, society and other legal entity.
Shall mean every class of road, sidewalk, parking lot and other area
publicly owned or operated, or privately owned and open to the use of the
public or segment thereof, excluding the interior of any building where a
"shopping cart" was obtained.
Shall mean a basket, container or other device made of wire, metal
or other material, mounted on wheels or hand-carried, manually or otherwise
operated, such as is generally provided by merchants for carrying merchandise
or foodstuffs to automobiles or other places.
B.
Usage. Words used in the singular shall include the plural
and vice versa. The word "shall" is always mandatory.
A.
No person may leave or abandon a shopping cart in any
public place, as defined herein, or on private property other than the place
of the person who makes the shopping cart available to the public. No person
may take or remove any shopping cart from the place of the person who makes
the shopping cart available to the public. No person may bring, take or propel
any shopping cart onto or upon any street, sidewalk, parking field or other
public place, as defined herein, or on private property other than the place
of the person who makes the shopping cart available to the public.
[Amended 1-2-79 by L.L. No. 1, 1979]
B.
No person who makes available to the public, in connection
with the conduct of business or trade, any shopping cart, shall leave it or
suffer or permit it to be left by himself, his agent or other person to whom
temporary possession has been permitted by said person, upon any street, sidewalk,
parking field or other public place, as defined herein, or on private property
other than the place of the person who makes the shopping carts available
to the public.
C.
Nothing in this local law shall be construed to prohibit
the use of shopping carts in any place by any person who has been given permission
to use the shopping cart by the person who makes the shopping cart available
to the public. Such permission must be written and must be produced for inspection
upon request of any police officer or peace officer or other public servant
who is authorized to issue appearance tickets pursuant to § 150-10
of the Criminal Procedure Law in the course of instituting prosecutions against
violators of the Code of the Town of Islip.
[Added 1-2-79 by L.L. No. 1, 1979]
Every person who, in connection with the conduct of a food-dispensing
or other establishment or business, makes any cart available to the public,
shall mark or cause the same to be marked and identified conspicuously with
his name and address. 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.
A.
The Superintendent of Highways of the Town or such person
whom the Town Board by resolution may appoint shall remove or cause to be
removed from time to time any cart found in any public place and shall take
custody of same and shall hold it until redeemed, sold or otherwise disposed
of as hereinafter provided.
B.
Whenever the Town shall remove any cart bearing identification
of ownership, the Superintendent of Highways or such person whom the Town
Board by resolution may appoint shall mail a notice to the owner at the address
shown on the identification tag, cut or stamp. Such notice shall advise that
such cart or carts may be redeemed upon payment of the sum of ten dollars
($10.) for each cart so redeemed and shall set forth the place for the redemption
of such cart or carts or where possession of the same may be procured. Payment
for redemption shall be made and a receipt shall be given therefor, which
receipt shall entitle such owner to redeem, at the place of storage thereof,
one (1) or more carts, as provided for in said receipt, upon surrender of
said receipt at the place of storage for 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 Town, such person's ownership
or right to possession. Any delivery to a person apparently entitled thereto
shall be a good defense to the Town against any other person claiming to be
entitled thereto, but if the person to whom the delivery is made is not in
fact entitled thereto, the person to whom the same ought to have been delivered
may recover the same with interest and cost from the person to whom the same
shall have been delivered.
C.
If, after fifteen (15) days following the mailing of the notice provided for in § 45-5B hereof, or fifteen (15) days following the removal of a cart bearing no identification of ownership, no person has presented to the Superintendent of Highways or such person as may be designated by resolution of the Town Board, proof establishing to his satisfaction such person's ownership, the Town shall sell such carts at public auction. Notice of such public auction shall be given by publication in the official newspaper of the Town by publication at least once, the first date of publication to be not less than ten (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. Such sale at public auction shall be conducted by the Superintendent of Highways or such person as may be designated by resolution of the Town Board.
D.
In the event that the said property shall remain unsold
at public auction, the Superintendent of Highways or such person as may be
designated by resolution of the Town Board may reoffer the said property for
sale at a subsequent public auction held pursuant to this local law or he
may dismantle, destroy or otherwise dispose of this property. Any such sale
or other disposition of such property pursuant to this local law shall be
without any liability on the part of the Town to the owner of such property
or other person lawfully entitled thereto or having any interest therein.
Upon a redemption or sale of a cart, the proceeds shall be deposited
in the general funds of the Town.
This local law shall not apply to any cart or personal property which
may come into the possession or custody of any department of the Town pursuant
to any other ordinance, law or regulation.
Any person who shall violate any of the provisions of this local law
shall, for each and every offense, be deemed guilty of a violation and shall,
upon conviction thereof, be punishable by a fine not exceeding twenty-five
dollars ($25.) for the first offense and by a fine of not exceeding fifty
dollars ($50.) for each subsequent offense.
The invalidity of any article, section, paragraph, sentence, clause,
word or provision of this local law shall not invalidate any other article,
sentence, section, paragraph, clause, word or provision thereof.
This local law shall take effect sixty (60) days after enactment.
