Shopping Cart Law of the Village of Herkimer, NV
It is the .intent of this law to eliminate danger and inconvenience to the public caused by the abandonment of shopping carts in public places, including .but not limited to streets, sidewalks, and parks, within the Village of Herkimer, where abandoned carts may become an obstacle and hazard to pedestrian and vehicular traffic.
ABANDON-i ncludes leaving, discarding, dumping, throwing, or placing of shopping carts or similar devices in public places.
CART or SHOPPING CARTS-Any rolling or nonrolling basket or container and any parts or parts thereof commonly used in supermarkets or self-service stores as a conveyor or carrier of merchandise.
OWNER-The merchant or purveyor of foods or other goods, establishment or corporation, who or which provides patrons or customers with shopping carts and, as a result thereof, has the responsibility under this law to remove all shopping carts that are abandoned and pay a reclaiming fee for any carts the village may hold in their possession as a result of not exercising reasonable care by the merchant for allowing shopping carts to be removed from their premises.
PUBLIC PLACE-Includes any street, avenue, road, alley, driveway, off street parking areas, parks, vacant lots, or any space that is available to be used by the general public.
Removal of abandoned shopping carts.
The Superintendent of Public Works or the Property Maintenance Officer may have any abandoned shopping cart removed within the village from any public place without notice or on private premises that cause an unsightly appearance to any residential area. When any shopping cart is left unattended on any street or upon any public or private property where there is no person present who has actual physical custody or control of the shopping cart, said cart shall be deemed to have been discarded or abandoned. The shopping carts shall be taken to a facility within the village for storage, redemption, and disposition. Any village department may assist in the enforcement of this section.
Whenever the village shall take possession of any property left upon any street, sidewalk, municipal park, or public place in violation of this law and such property contains identification of ownership, a notice shall be sent by ordinary mail monthly to such person or corporation purporting to be the owner, advising that such property is held by the village and advising the amount necessary to redeem. The notice will notify the owner that the shopping cart has been impounded along with the cost and procedures necessary to redeem the shopping cart or carts. If after 10 days, following notice as defined hereunder, no steps are taken to redeem the shopping cart, it shall be considered abandoned, and will be sold at public auction. The disposal of the unclaimed carts shall be deemed appropriate by the village without anv further notice to the respected owners. The date of the public auction will be determined by the Superintendent of Public Works when a sufficient number of carts having not been redeemed, remain in the possession of the Village of Herkimer. If the shopping cart contains no identification of ownership than no notice is required to be sent for the property shall be considered abandoned and shall be disposed of as unclaimed property.
Such property may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction, or disposal thereof, upon tendering the sum of $15.00 for each cart to the village clerk, along with a single $10.00 administration fee. In addition, the person seeking redemption shall be responsible to pay for any costs of advertising the sale thereof, if any. No property shall be delivered to a person seeking to redeem the same unless proof establishing such person's ownership is established. Any delivery to a person apparently entitled 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.
Sale of unclaimed property.
Where any shopping carts remain in the custody of the Village of Herkimer that have not been redeemed after the mailing of the notification and no person has redeemed the same and presented to the village clerk proof of ownership, the clerk shall publish a public notice once in the official newspaper of the village advising that, at a specified place and time not less than 5 days after such notice is published1 such property will be sold at public auction for the best price that can be obtained in excess of the redemption fee as well as costs of publication and any other expenses the village may have for conducting the sale or any storage fee associated with housing the shopping carts. Such sale shall be conducted by the Superintendent of Public Works, Property Maintenance Officer, or a village designee as approved by the Village Board.
Disposal of unsold property.
In the event that the shopping carts remained unsold at public auction, the Village may reoffer the said property for sale at a subsequent public auction held pursuant to the regulations In this law or the shopping carts may be dismantled, destroyed, or otherwise disposed of. Any such sale or disposition of such property shall be without liability on the pa rt of the Village of Herkimer to the owner of such property or other person's lawfully entitled thereto or having an interest therein.
Disposition of moneys.
All proceeds received from the redemption and/or sale of abandoned shopping carts pursuant to this law shall be deposited to the general fund of the Village of Herkimer. The Village Clerk shall maintain an item i7.ed statement depicting the redemption fees collected, along with a statement for all shopping carts sold at public auction as well as any expenses of such sale.
If any clause, sentence, paragraph, work, section or part of this law shall be adjudged by any court of competent jurisdicti on to be unconstitutional, illegal, or invalid, such judgment shall not affect, impugn or invalidate the remainder thereof but shall be confined to the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
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