Chapter 155: PEACE AND GOOD ORDER: ARTICLE VII Shopping Carts
§ 155-73. Identification of shopping carts.
Every person who owns or makes available to the public, in connection with the conduct of business or trade, any shopping cart shall mark or cause the shopping cart to be marked and identified with the name of the owner.
§ 155-74. Unlawful possession of shopping cart.
It is unlawful to willingly or knowingly, with the intent to deprive the owner of a shopping cart or possession:
A. Remove a shopping cart from the premises or parking area of any retail establishment or be in possession of a shopping cart that has been removed from the premises or parking area of a retail establishment.
B. Alter, deface, obliterate, destroy, cover up or otherwise remove or conceal a name or mark on a shopping cart, or be in possession of any shopping cart whose name or mark has been altered, defaced, obliterated, destroyed, covered up or otherwise removed or concealed, without the consent of the owner of the shopping cart.
C. Be in possession of or have custody or control of any shopping cart off the premises of the owner of said shopping cart.
§ 155-75. Abandonment; notification of owner.
A. When any shopping cart is left unattended on any street or upon any public or private property where there is no person present who has actual physical custody or control of the shopping cart, said cart shall be deemed to have been discarded or abandoned within the meaning of this article.
B. The Department of Public Works of the Incorporated Village of Freeport shall impound any shopping cart which is discarded, abandoned or off the premises of the owner of same pursuant to § 155-74 or 155-75. The Police Department of the Incorporated Village of Freeport, or the Superintendent of Buildings, shall direct the Department of Public Works of the Incorporated Village of Freeport to impound any shopping cart in the possession of another in violation of § 155-74 or 155-75. The Department of Public Works of the Incorporated Village of Freeport shall deposit said shopping cart at a Village facility or a facility under the supervision of the Superintendent of Public Works.
C. If the owner can be ascertained, the Village shall notify the owner of the shopping cart in the possession of the Department of Public Works of the Incorporated Village of Freeport of the storage location of the shopping cart and give the owner an opportunity to pick up the shopping cart within 24 hours of the notification to the owner.
D. With respect to any shopping cart which has been abandoned or discarded upon any street or any public property, the owner of the shopping cart shall be deemed to have suffered or permitted the shopping cart to have been discarded or abandoned.
§ 155-76. Impoundment.
Any police officer or person designated by the Superintendent of Buildings may remove or cause to be removed any shopping cart abandoned or discarded on any street or public or private property and shall notify the Department of Public Works to impound the same or cause the same to be taken to property or premises of the Village, where the same shall be held until redeemed, sold or otherwise disposed of as provided in this article.
§ 155-77. Notice of impoundment.
Whenever a shopping cart that has been impounded contains sufficient information with which to identify the owner or the person having the right of possession thereof, the Police Department or Department of Public Works shall notify the Village Clerk, who shall then send a notice by ordinary mail no later than the seventh day following the date of impoundment to the owner, advising such person that the shopping cart has been impounded, where the shopping cart is being stored, the amount of money and procedure necessary to redeem the shopping cart from impoundment and the date after which the shopping cart, if it has not been redeemed, can be sold at public auction pursuant to this article. If any impounded shopping cart does not contain identification sufficient to determine its owner or the person having the right of possession thereto, no such notice is required to be sent; however, the provisions of § 155-79 relating to the sale of unredeemed shopping carts must be complied within respect to any such shopping cart.
§ 155-78. Redemption of impounded shopping carts; fee.
Any impounded shopping cart may be redeemed by the owner or by such other person having the right of possession thereto at any time prior to the sale, destruction, disposal or other disposition of the shopping cart by the Incorporated Village of Freeport, upon paying the sum of $25. No shopping cart shall be delivered to a person seeking to redeem the same unless satisfactory proof establishing such person's ownership or right of possession is submitted and proven. If the name of the entity, supermarket or store is on said shopping cart, that shall be sufficient proof of ownership or right of possession by that particular entity, supermarket or store. Any delivery to a person apparently entitled thereto shall be a valid and good defense for the Village against any other person or entity claiming to be entitled to said shopping cart or carts. Any and all redemption of any shopping cart or carts must occur prior to the legal advertisement for the auction of said shopping cart or carts.
§ 155-83. Penalties for offenses.
Any person convicted of an offense of any provision of this article shall be subject to a fine of not more than $250 for each offense or not more than 15 days imprisonment, or both.
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