Cart Ordinances

Clarkstown, NY

Clarkstown, NY
Chapter 239: SHOPPING CARTS


§ 239-3. Removal from premises prohibited.
It shall be unlawful and a violation of this chapter for any owner to suffer or permit any person to take any cart from the owner's premises or parking area.
§ 239-4. Presumption of owner's knowledge of cart location.
It shall be a rebuttable presumption that any cart left, placed, abandoned, discarded or otherwise located on or in a public place was so placed, abandoned, discarded or otherwise located with the sufferance, knowledge and permission of the owner.
§ 239-5. Enforcement.
The Highway Superintendent, deputy and assistants within his Department are hereby authorized to seize and remove or cause to be removed any abandoned shopping cart from any public place within the town, 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. The Highway Superintendent is authorized to call upon other town agencies or departments to assist in the enforcement of this section.
§ 239-6. Redemption procedure.
A. Whenever the Highway Superintendent removes or causes to be removed any shopping carts having identification of ownership or right of possession, notice of the removal shall be sent by certified mail, return receipt requested, to the owner advising of the removal, the facility to which it was removed and the amount necessary to redeem the article.
B. Any shopping carts removed from public places within the town may be redeemed by the owner thereof at any time prior to disposal by the town by tendering to the office of the Highway Superintendent, during regular business hours at his office, the sum of twenty-five dollars ($25.). Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
C. The Highway Superintendent shall require satisfactory proof of ownership or lawful right to possession of the property sought to release. Any return of property by the Highway Superintendent 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.
§ 239-8. Penalties for offenses.
Any person or persons, associations or corporations committing an offense against any section of this chapter is guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment for a period not exceeding fifteen (15) days for each such offense, or by both such fine and imprisonment.
§ 239-2. Identification tag required.
All persons providing carts for patrons' use in or on store or business premises shall permanently affix to them 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 used.




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