Cart Ordinances

Hempstead, NY

Hempstead, NY
82-2. Cart tag identifying owner 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 used.



82-3. Violation.



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 and thereafter abandon, discard, leave, place or suffer or permit any cart to be left or placed in a public place.



82-4. Remedy by Sanitation Division.



The Commissioner or the Deputy Commissioner, Sanitation Division, and public works employees, 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.



82-5. Redemption of carts.



A.Whenever the Commissioner or Deputy Commissioner 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, 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 Commissioner, during regular business hours at his office, the sum of five dollars ($5.) each, plus the sum of one dollar ($1.) for each day or part thereof that the said property is held by the town after the owner has been duly notified by certified mail.



C.The Commissioner shall require satisfactory proof of ownership or lawful right to possession of the property sought prior to release. Any return of property by the Commissioner to a person claiming the same pursuant to this chapter shall be an absolute defense to the town against any other person claiming same.



82-6. Disposal.



A.The Commissioner may dispose of all articles of personal property held by the town for a period in excess of fourteen (14) days at a public auction held pursuant to notice.



B.Public notice of the auction shall be given by publication once in a newspaper designated by the Town Board as an official newspaper for that purpose and by posting on the signboard maintained by the Town Clerk at least five (5) days prior to the auction, and shall contain the time and place of the auction, together with a brief description of the articles offered for sale.



C.In the event the property or part thereof remains unsold at the public auction, the Commissioner may reoffer the same for sale at another public auction or may sell or otherwise dispose of any unsold articles in any manner permitted by law. Any sale or other disposition shall be without liability on the part of the town to the owner of the property or other person having an interest therein.



D.All proceeds received from the redemption and sale of the personal property as hereinbefore provided are to be applied to the account of the Sanitation Division, in order to defer the cost of enforcing the provisions of this chapter.

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