Chapter 91: SHOPPING CARTS
§ 91-1. Declaration of policy.
The Town Board of the Town of Riverhead hereby finds and declares that the unlawful taking, the misuse and the abandonment of shopping cans 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 residents of the town and adversely affects the legitimate conduct of trade and business in the town and constitutes a nuisance detrimental to the neighborhood and the community at large.
§ 91-2. Definitions; word usage.
A. Definitions. When used in this chapter, the following terms shall have the meanings indicated:
PERSON — An individual, corporation, partnership, association, joint-stock company, society and other legal entity.
PUBLIC PLACE — 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.
SHOPPING CART — A basket, container or other device made of wire, metal, plastic 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.
TOWN — Includes all areas within the Town of Riverhead.
B. Usage. Words used in the singular shall include the plural and vice versa. The word “shall” is always mandatory.
§ 91-3. Prohibited acts.
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 onto private property other than the place of the person who makes the shopping cart available to the public.
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 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 chapter 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 available to the public. Such permission must be written and must be produced for inspection upon request of any police officer or Code Enforcement Officer who is authorized to issue appearance tickets pursuant to § 150.10 of the Criminal Procedure Law of New York State.
§ 91-4. Marking of shopping carts.
Every person or entity that makes any cart available to the public shall mark or cause the same to be marked and identified conspicuously with the person’s or entity’s name and address.
§ 91-5. Removal and disposal of abandoned carts.
A. The Superintendent of Highways of the town 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 hold it until redeemed, sold or otherwise disposed of as hereinafter provided.
B. Whenever the town shall remove any cart bearing identification of ownership within 30 days the Superintendent of Highways shall mail, by certified mail, return receipt requested, a notice to the owner at the address shown on the cart. Said notice shall advise that such cart or carts may be redeemed upon payment of the sum of $25 for each cart so redeemed and shall set forth the place of redemption. No cart shall be delivered to a person seeking to redeem same unless proof is submitted establishing, to the satisfaction of the town, such person’s ownership or right to possession.
C. Fifteen days following the mailing of the notice provided for in Subsection B hereof or 15 days following the removal of a cart bearing no identification, if no person has presented to the Superintendent of Highways satisfactory proof of ownership or the right to possession, the town shall hold such cart(s) for sale at subsequent 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 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 other person as may be designated by resolution of the Town Board.
D. In the event that said property remains unsold at public auction, the Superintendent of Highways may dismantle, destroy or otherwise dispose of this property. Any such sale or other disposition of such property pursuant to this chapter shall be without any liability on the part of the town.
§ 91-6. Disposition of proceeds.
Upon a redemption or sale of a cart, the proceeds shall be deposited in the highway funds of the town.
§ 91-7. Exception as to town property.
This chapter shall not apply to any cart or personal property that may come into the possession or custody of any department of the town pursuant to any other ordinance, law or regulation.
§ 91-8. Penalties for offenses.
A violation of any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine not to exceed $35 for the first offense and by a fine not to exceed $50 for each subsequent offense.
§ 91-9. Severability.
If any clause, sentence, paragraph, subdivision, section or other part of this chapter shall, for any reason, be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter, and it shall be construed to have been the legislative intent to enact this chapter, without such unconstitutional or invalid parts therein.
