Chapter 315: SHOPPING CARTS
[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Dover 7-27-1970 as Art. 38, Ch. I, of the 1969 Revised Ordinances. Amendments noted where applicable.]
§ 315-1. Definitions.
The following terms, wherever used or referred to in this chapter, shall have the respective meanings, which definitions shall apply in the interpretation and enforcement of this chapter unless a different meaning clearly appears from the context:
CART — Any rolling or nonrolling basket or container commonly used in so-called supermarkets or self-service stores.
CHIEF OF POLICE — The Chief of Police of the Town of Dover and his duly authorized agent or representative.
PERSON — Any individual, firm, corporation, association or partnership.
PROPERTY — Any cart.
TOWN — The Town of Dover.
TOWN TREASURER — The Town Treasurer of the Town of Dover.
§ 315-2. Abandonment of carts prohibited.
It shall be unlawful for any person, firm or corporation, their agents and/or employees, to leave or abandon or suffer or permit to be left or abandoned any cart whether owned by them or in their possession, custody or control, upon any public street, sidewalk, driveway or municipal parking area in this town. Any cart found so left or abandoned shall be prima facie evidence that it was left or abandoned by or with the permission of the owner.
§ 315-3. Identification of carts required.
A. Any cart provided or made available for use by any person, firm or corporation, their agents and/or employees, shall have securely attached thereto a plainly visible plastic or metal identification tag at least three and one-half by five (31/2 x 5) inches in size. The number of the cart, the name and address of its owner and location of the premises where it is actually available for use shall be legibly printed on said identification card. Duplicate tag numbers shall be avoided.
B. Noncompliance with this section shall not be considered a violation of this chapter unless said cart shall be upon any public street, sidewalk, driveway or municipal parking area in this town.
§ 315-4. Inspection of carts.
The Chief of Police is authorized to enter upon premises at reasonable hours of a business day where carts are provided and available for use for the purpose of inspecting for proper identification and otherwise effecting compliance with this chapter.
§ 315-5. Impoundment of abandoned carts; redemption fee; disposition of carts. Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
The Chief of Police is authorized to remove or cause to be removed and impound any cart found abandoned or left in any of the prohibited areas described herein and deliver it to any town-owned storage facilities available for such purpose. Within five days after the removal of the cart, the Chief of Police shall, by ordinary mail, notify the owner thereof at the address indicated on the identification tag that the impounded cart may be redeemed for the sum of $25 within five days from the date of said notice for redemption. Where any such property remains unclaimed or unredeemed for a period of five days beyond the date fixed for redemption or where a cart impounded has no identification tag, is not claimed or redeemed within 10 days after impounding, the Chief of Police shall give at least five days' public notice in a newspaper circulating in the Town of Dover, fixing a place, date, time and terms of public sale to the highest bidder of such property.
§ 315-6. Destruction of carts; liability of town.
Where any such property shall remain unsold at public sale, the Chief of Police may dismantle, destroy or otherwise sell or dispose of such property. Any public sale or other disposition of property pursuant to this chapter shall be without liability on the part of the town to the owner of such property or other person lawfully entitled thereto or having an interest therein.
§ 315-7. Redemption; disposition of funds.
A. Within 30 days after such property is redeemed, the Chief of Police shall pay over to the Town Treasurer the amount received for said redemption and at the same time deliver to said Treasurer a detailed statement concerning said redemption, including the identity of the property and the name and address of and the amount received from the redemptor.
B. Within 30 days after a public sale or disposition other than redemption of such property, the Chief of Police shall pay over to the Town Treasurer the proceeds of the sale or other disposition of the property and at the same time deliver to said Treasurer a detailed statement, including the identity of the property, the name and address of and the amount paid by the purchaser and the costs and expense of such sale. The Treasurer shall deduct from the money realized from such public sale or other disposition of said property the costs and expenses incurred in addition to the sum of $25 for each cart sold to cover the costs of its removal and storage and pay over the balance after said deductions to the owner or person entitled to such property as hereinbefore provided. Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
§ 315-8. Violations and penalties. Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be subject to one or more of the following: a fine not exceeding $1,000, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days. Each violation of any of the provisions of this chapter and each day there is a violation thereof shall be deemed and taken to be a separate and distinct offense. This shall be in addition to any fees for redemption of such property or costs of public sale chargeable to an owner or person entitled to possession of such property as hereinbefore provided.
§ 315-9. Exception.
The provisions of this chapter shall not apply to any property which may come into the possession or custody of the Police Department of the town pursuant to any other ordinance, law or regulation.
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