Mount Kisco, NY
ARTICLE IV Shopping Carts [Adopted 12-2-1963 by Ch. 14, Art. IV, of the 1962 Code]
§ 93-37. Identification of carts.
Every person who owns or makes available to the public in connection with the conduct of business or trade any cart, shall mark 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 tag securely fastened to the cart or a cutting or stamping on the frame of the cart.
§ 93-38. Unattended carts in public places unlawful.
It shall be unlawful for any person, his agent or employee to leave or suffer or permit to be left unattended any cart, either owned by him or in his possession, custody or control, upon any public place.
§ 93-39. Removal by Village Manger.
The Village Manager shall remove or cause to be removed any cart found upon any public place and shall take the same or cause same to be taken to property of the village, where it shall be held until redeemed, sold or otherwise disposed of as hereinafter provided. In no event shall the village be liable for damage to any cart removed or caused to be removed pursuant to this Article. A public place shall not be deemed to include the property owned or leased by the owner of the cart.
§ 93-40. Notification of owner. [Amended 7-19-1982 by L.L. No. 4-1982]
Whenever the Village Manager shall take possession of any cart containing identification of ownership, a notice shall be sent by ordinary mail to such person advising him that such cart is held by the village and that such cart may be redeemed upon payment of the redemption fee as provided in § 93-41 below to the Village Treasurer.
§ 93-41. Redemption by owner. [Amended 7-19-1982 by L.L. No. 4-1982]
The cart 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 cart upon payment of the sum provided in Chapter A112, Fees. In addition, the person seeking to redeem shall be required to pay the cost of advertising the sale thereof, if any. No cart shall be delivered to the person seeking to redeem unless proof is submitted establishing, to the satisfaction of the Village Manager, such person's ownership or right to possession.
§ 93-42. Auction of unclaimed carts. [Amended 7-19-1982 by L.L. No. 4-1982]
When any cart remains in the custody of the village for a period of three months after removal and with respect to which no person has presented to the Village Manager proof establishing to his satisfaction such person's ownership or right to possession, the Village Clerk shall give public notice in the official newspaper of the village that, at a specified place and time, not less than five days after such notice is published, such cart will be sold at public auction. The sale shall be conducted by the Clerk or by any employee of his Department designated by him. The Clerk shall have the power to fix an upset price and other terms and conditions of conducting the public auction, except that the upset price shall not be in excess of the sum established in Chapter A112, Fees, plus the cost of advertising the sale of the cart.
§ 93-43. Disposition of unsold carts; liability of village.
If a cart shall remain unsold at public auction, the Clerk may offer it again for sale at a subsequent public auction held pursuant to this Article, or he may dismantle, destroy or otherwise dispose of such cart. Any sale or other disposition of such cart pursuant to this Article shall be without any liability on the part of the village to the owner of the cart or other person lawfully entitled thereto or having an interest therein.
§ 93-44. Disposition of proceeds. [Amended 7-19-1982 by L.L. No. 4-1982]
Upon redemption or sale of a cart, the Clerk shall pay over to the Treasurer the proceeds thereof, with an itemized statement of the costs and expenses thereof. The Treasurer shall retain and credit the general fund of the village with so much of the proceeds as equals the costs and expenses of such sale, plus the additional amount provided in Chapter A112, Fees, for the cart sold or redeemed to cover the cost of removing and storing the cart. The remainder of the money, if any, realized from such sale shall be paid without interest to the lawful owner thereof.
§ 93-45. Applicability of Article.
The provisions of this Article shall not apply to any cart which may come into the possession or custody of the Police Department pursuant to any other ordinance, law or regulation.
§ 93-46. Penalties for offenses. [Added 7-19-1982 by L.L. No. 4-1982; amended 8-24-1992 by L.L. No. 9-1992]
Any person committing an offense against any provision of this Article shall be punishable as provided in § 1-17C of this Code.
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