[Adopted 4-1-1968 as Ch. 37, Art. XI, of the 1968 Code]
Unless otherwise stated, the following words
and expressions, where used in this section, shall have the meanings
as follows:
A natural person of either sex, corporation, partnerships,
associations, joint-stock companies, societies and all other entities
capable of being sued.
Any cart, basket, container or other device made of wire,
metal or other material, mounted on wheels, manually operated and
used generally for the conveyance of goods, wares, merchandise or
other property.
A street, avenue, road, alley, public passageway, lane, highway,
concourse, driveway, culvert, crosswalk and sidewalk and every class
of road, square and municipal parking field used by the general public.
It shall be unlawful for any person, his agent
or employee to leave or to suffer or permit to be left unattended
any shopping cart, cart or wagon, either owned by such person or in
such person's possession, custody or control, upon any street, sidewalk,
parking field, public park or public place or upon the property of
another without the consent of the owner of such property.
It shall be deemed a violation of this section
when any shopping cart, cart or wagon is left unattended or remains
upon any street, sidewalk, parking field, public park or public place
or upon the property of another without the consent of the owner of
such property.
Every person who owns or makes available to
the public in connection with the conduct of business and trade any
shopping cart and/or wagon shall mark or cause the same to be marked
and identified conspicuously with the name and address of the owner.
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.
[Amended 7-6-1999 by L.L. No. 3-1999]
Any person, copartner, association or corporation who shall himself or by his or its clerk, agent or employee, and any such clerk, agent or employee who shall, violate any of the provisions of this article shall be liable to a fine as set forth in Chapter 1, Article II, General Penalty. Each day on which such violation continues shall constitute a separate offense.
Whenever a member of the Police Department or
a member of the Highway Department shall take possession of any property
left upon any street, sidewalk, parking field, public park or public
place or upon the property of another without the consent of the owner
of such property in violation of this section, and such property contains
identification of ownership, a notice shall be sent by ordinary mail
to such person purporting to be the owner advising that such property
is held by the Street Commissioner and advising the amount necessary
to redeem.
[Amended 7-6-1999 by L.L. No. 3-1999]
Such property may be redeemed by the owner thereof
at any time prior to the sale, dismantling, destruction or disposal
thereof and he shall be entitled to receive such property upon tendering
the sum as set from time to time by resolution of the Village Board
of Trustees[1] to the Village Clerk. In addition, the persons seeking
to redeem shall be required to pay the cost of advertising the sale
thereof, if any. No property shall be delivered to a person seeking
to redeem the same unless proof establishing to the satisfaction of
the Village Clerk such person's ownership is submitted. Any delivery
to a person apparently entitled thereto shall be a good defense to
the Village against any other person claiming to be entitled thereto,
but if the person to whom delivery is made is in fact not entitled
thereto, the person to whom the same ought to have been delivered
may recover the same, with interest and costs, from the person to
whom the same shall have been delivered.
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
Where any such property remains in the custody
of the Street Commissioner for a period of 15 days after removal and
with respect to which no person has presented to the Village Clerk
proof establishing to his satisfaction such person's ownership, the
Village Clerk shall give public notice in the official newspaper of
the Village, advising that at a specified place and time, not less
than five days after such notice is published, such property will
be sold at public auction for the best price he can obtain. A general
description in such notice of the property to be sold shall be sufficient.
Such sale shall be conducted by the Village Clerk or by an auctioneer
designated by him.
In the event that said property shall remain
unsold at public auction, the Village Clerk may reoffer said property
for sale at a subsequent public auction held pursuant to this section,
or he may dismantle, destroy or otherwise dispose of this property.
Any such sale or other disposition of such property pursuant to this
section shall be without liability on the part of the Village to the
owner of such property or other person lawfully entitled thereto or
having an interest therein.
Immediately after property is redeemed, the
Village Clerk shall pay over to the Treasurer of the Village the amount
received for redemption, costs and expenses of the article redeemed,
together with an itemized statement thereof. Immediately after a sale
or other disposition of such property, the Village Clerk shall pay
to the Treasurer the proceeds of sale or other disposition of such
property with an itemized statement of the article sold, the price
received and the costs and expenses of sale, and the Treasurer shall
retain so much of the proceeds as equals the costs and expenses of
such sale, plus $5 for such article sold to cover the cost of removing
and storing the property; the remainder of the moneys realized from
such sale or other disposition shall be paid without interest to the
lawful owner thereof as determined by the identification, if any,
on the property so sold or otherwise disposed of.
The provisions of this section shall not apply
to any property which may come into the possession or custody of the
Police Department pursuant to any other ordinance, law or regulation.
