Chapter 221, PROPERTY MAINTENANCE
ARTICLE I, General Provisions
§ 221-3. Word usage; definitions.
SHOPPING BASKET, WAGON OR CART — Includes any rolling or nonrolling basket or container, or any part or parts thereof, commonly used in supermarkets or self-service stores as a conveyer of goods, wares and merchandise.
ARTICLE II, Property and Lot Maintenance
§ 221-4. Standards.
A.Open areas.
(2) No shopping baskets, carts or wagons shall be left unattended or standing, and said baskets, carts or wagons shall be regularly collected and removed to the interior of the building or buildings from which they were taken by the person responsible for said building or buildings.
ARTICLE III, Shopping Carts
§ 221-9. Identification tag required.
It shall be unlawful for any person to provide carts for patrons’ use on store or business premises unless the cart has permanently affixed to it a sign, metallic tag or other means for clearly identifying the owner of the cart and the specific store location at which said cart is regularly used and regularly kept.
§ 221-10. Abandonment.
A.It shall be unlawful and a violation of this chapter for any owner to suffer, permit or allow any person to take any cart from the owner’s premises or parking area and thereafter abandon, discard, leave, place or suffer or permit any cart to be left or placed in any public or private place.
B.It shall be unlawful and a violation of this chapter for any person to suffer, permit, cause, allow or take any cart from the owner’s premises or parking area and thereafter abandon, discard, leave, place or suffer, permit or allow any cart to be left or placed in or on any public or private place or business not authorized by the cart’s rightful legal owner.
§ 221-11. Collection by Town employees.
All employees of the Town of Smithtown are hereby authorized to seize and remove or cause to be removed any abandoned or discarded shopping cart from any public place within the Town of Smithtown without notice and shall take or cause the same to be taken to a facility within the Town for redemption or disposition as hereinafter provided.
§ 221-12. Redemption
A. Whenever an employee of the Town of Smithtown removes or causes to be removed any shopping cart having identification of ownership or right of possession, notice of the removal shall be sent by certified mail, return receipt requested, advising of the removal, the facility to which it was removed and the amount necessary to redeem the article.
B. Any shopping cart removed from public places within the Town of Smithtown may be redeemed by the owner thereof any time prior to disposal by the Town by tendering to the Town of Smithtown, during regular business hours at a location to be designated by the Town Board, the sum of $30 for each cart.
C. The Town of Smithtown shall require satisfactory proof of ownership or lawful right to possession of the property sought prior to release. Any return of property by the Town of Smithtown to a person claiming the same pursuant to this chapter shall be an absolute defense to the Town against any other person claiming the same. The Town of Smithtown shall have the right to require that an affidavit attesting to ownership be submitted prior to releasing said property.
ARTICLE IV, Penalties and Enforcement
§ 221-13. Penalties for offenses; additional remedies.
A. A person who violates any of the provisions of Article II or who fails to comply with any condition imposed by Article II shall have committed a violation punishable by a fine not exceeding $2,500 or imprisonment for not more than 30 days, or both, for a conviction of a first offense and punishable by a fine of $5,000 or imprisonment for not more than 60 days, or both, for a conviction of a second or subsequent offense. A separate violation shall be deemed committed upon each day during or on which a violation occurs or continues.
B. A person who violates any of the provisions of Article III or who fails to comply with any condition imposed by Article III shall have committed a violation punishable by a fine not exceeding $500 or imprisonment for not more than 15 days, or both, for a conviction of a first offense and punishable by a fine of $1,000 or imprisonment for not more than 30 days, or both, for conviction of a second or subsequent offense. A separate violation shall be deemed committed upon each day during or on which a violation occurs or continues.
C. The Town Attorney is authorized and directed to institute any and all actions and proceedings necessary to enforce this chapter. The Town Attorney is also authorized to seek damages and any civil penalties in any civil action, and such penalties shall be in addition to and not in lieu of any criminal prosecution and penalty.
(1) In the event of any actual or pending violation of this chapter, the Town Attorney may, in addition to other remedies, institute any appropriate action or proceeding to prevent, restrain, correct or abate such violation.
(2) In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain or correct such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
(3) In addition to any fine or penalty imposed, the defendant shall pay all costs and expenses incurred by the Town in determining such violation.
§ 221-14. Enforcement. [Amended 9-7-1993]
The provisions of this chapter may be enforced by the Director of Public Safety, the Supervisor of Environment and Waterways or the Chief Building Official or their designated representatives or agents and the Suffolk County Police Department.
