[HISTORY: Adopted by the Board of Trustees of the Village of Larchmont
2-13-1978 by L.L. No. 1-1978. Amendments noted where applicable.]
Certain words in this chapter are defined as follows:
Includes any rolling or nonrolling basket or container and any part
or parts thereof commonly used in supermarkets or self-service stores or merchandising
establishments as a conveyor of goods, wares and merchandise.
[Amended 9-14-1987 by L.L.
No. 4-1987]
A person of either sex, a corporation, partnership, association,
joint-stock company, society and other entities capable of being sued.
Includes a street, sidewalk, avenue, road, alley, lane, highway,
broadway, concourse, driveway, culvert, crosswalk and every class of road,
square, place, municipal parking lot, stream, river, waterway and park.
The Village of Larchmont.
It shall be unlawful for any person to remove a cart, as defined herein,
or suffer or permit such removal of a cart from the property of any food-dispensing
or other establishment or business, except to convey the same to an adjoining
private parking lot or a sidewalk area immediately in front of or contiguous
to such food-dispensing or other establishment or business, and except that
the owners of such food-dispensing or other establishments or businesses may
move carts, in bulk, from one store to another store or to another location.
It shall be unlawful for any person, his/her agent or employee to leave
or suffer or permit to be left upon any public place any cart either owned
by him/her or in his/her possession, custody or control.
[Amended 9-14-1987 by L.L.
No. 4-1987; 10-18-1993 by L.L.
No. 4-1993]
Every person or entity who, in connection with the conduct of a food-dispensing
or other establishment or business, owns or makes any cart available to the
public shall make or cause the same to be marked and identified conspicuously
with the name of the owner. Such identification shall be in the form of a
metal or plastic tag securely fastened to the cart or a cutting or stamping
on the frame of the cart, and it shall state that it is illegal to remove
the cart from the store premises.
[Amended 10-18-1993 by L.L.
No. 4-1993]
The Village Engineer of the Village of Larchmont may remove or cause
to be removed any cart found upon any public place and may take the same to
village property where it shall be held until redeemed, sold or otherwise
disposed of as hereinafter provided.
[Amended 9-14-1987 by L.L.
No. 4-1987]
Whenever the village shall remove any cart bearing identification of
ownership, the Village Engineer shall mail a notice to the owner shown on
the identification tag, cut or stamp. Such notice shall advise that such cart
or carts may be redeemed upon payment to the Department of Finance of a redemption
fee, such fee to be set by the Board of Trustees from time to time, 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 to the Village Treasurer, and a receipt shall be
given therefor, which receipt shall entitle such owner to redeem, at the place
of storage thereof, one or more carts, as provided for in said receipt, upon
surrender of the same at the place of storage of 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 village, such person's
ownership or right to possession. Any delivery to a person deemed entitled
thereto by the village, from the proof submitted, shall be an absolute defense
of the village against any other person claiming to be entitled thereto.
[Amended 9-14-1987 by L.L.
No. 4-1987]
After the mailing of the notice provided for in § 233-6 hereof or after removal of a cart bearing no identification of ownership, the village shall, from time to time, sell such carts at public auction.
A.
Notice of such public auction shall be given by publication
in the official newspaper of the village at least once, the first date of
publication to be not less than 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 for not less
than the redemption fee, as set by the Board of Trustees from time to time.
B.
Any cart or carts may be redeemed by the owner thereof
at least two days prior to such public auction upon payment to the village
of the redemption fee, as set by the Board of Trustees from time to time,
for each cart.
(1)
No cart shall be delivered to a person seeking to redeem
the same unless proof is submitted establishing, to the satisfaction of the
village, such person's ownership or right to possession.
(2)
Any delivery to a person deemed entitled thereto by the
village, from the proof submitted, shall be an absolute defense of the village
against any other person claiming to be entitled thereto.
C.
Such sale at public auction shall be conducted by the
Village Engineer or such other person as he shall designate.
If said cart or carts are not sold at public auction, the village may
similarly offer the same again for sale at public auction or may dismantle
or destroy or otherwise dispose of such cart or carts. Any disposition of
such cart or carts made pursuant to this chapter shall be without any liability
on behalf of the village or to any person lawfully entitled thereto or having
an interest therein.
Upon a redemption or sale of a cart, the proceeds shall be deposited
in the general fund of the village.
This chapter shall not apply to any cart or personal property which
may come into the possession or custody of any department of the village pursuant
to any other ordinance, law or regulation.
Notice of this chapter shall be posted prominently at all exits of each
business where there is use of such shopping carts.
[Amended 5-4-1981 by L.L.
No. 3-1981]
Any person committing an offense against this chapter shall, upon conviction,
be subject to a fine not exceeding $250 or imprisonment for a term not exceeding
15 days, or to both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
