New Paltz, NY
Chapter 166: SHOPPING CARTS
§ 166-1. Definitions.
Unless otherwise stated, the words and expressions used in this chapter shall have meanings as follows:
PERSON — A natural person of either sex, corporation, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
SHOPPING CART or WAGON — Any cart, basket, container or other device made of wire, metal or other material, mounted on wheels, manually operated and used generally for the conveyance of goods, wares, merchandise or other property.
STREET — A street, avenue, road, alley, public passageway, lane, highway, concourse, driveway, culvert, crosswalk and sidewalk, and every class of road, square and municipal or private parking field used by the general public.
§ 166-2. Carts or wagons conspicuously identified.
Every person who owns or makes available to the public in connection with the conduct of business and trade any shopping cart or wagon shall mark or cause the same to be marked and identified conspicuously with the name of the owner.
§ 166-3. Unlawful removal.
It shall be unlawful for any person, his agent or employee to take or remove any shopping cart:
A. Beyond the immediate parking lot or area of the store;
B. Into the limits of the Village of New Paltz; and
C. Along any street of the Village of New Paltz.
§ 166-4. Penalty for removal.
Any person who violates any provisions of § 166-3 of this chapter shall be liable for and pay a penalty of $50 for each violation. The removal or possession of each shopping cart shall constitute a separate violation.
§ 166-5. Unlawful abandonment.
It shall be unlawful for any person, his agent or employee to leave or to suffer or permit to be left unattended any shopping cart or wagon, either owned by the person or in such person's possession, custody or control, upon any street, sidewalk, parking field, public park or public place within the Village of New Paltz or upon the property of another without the consent of the owner of the property.
§ 166-6. Remedy for abandoned shopping carts.
The Superintendent of Public Works of the Village of New Paltz is hereby authorized to seize and remove or cause to be removed any abandoned shopping cart within the Village, from any public place or from such property of another without notice, and shall take or cause the same to be taken to a facility within the Village for redemption or disposition as hereinafter provided. The Superintendent of Public Works is authorized to call upon other Village agencies or departments to assist in enforcement of this section.
§ 166-7. Redemption.
A. Notification. Whenever the Superintendent of Public Works shall take possession of any shopping cart or wagon as herein specified, and such shopping cart or wagon contains identification of ownership, a notice shall be sent by ordinary mail to the local mailing address and to the principal place of business or corporate headquarters of such person purported to be the owner of the cart or wagon advising that such property is held by the Village Clerk and advising the amount necessary to redeem.
B. Procedure; costs; immunity of Village. Any shopping cart or wagon may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof upon tendering the sum of $10 for each cart to the Village Clerk. In addition, the person seeking to redeem shall be required to pay the cost of advertising the sale thereof, if any. No property shall be delivered to a person seeking to redeem the same unless proof establishing to the satisfaction of the Village Clerk such person's ownership is submitted. Any delivery to a person apparently entitled thereto shall be a good defense to the Village against any other person claiming to be entitled thereto, but if the person to whom delivery is made is in fact not entitled thereto, the person to whom the same ought to have been delivered may recover the same, with interest and costs, from the person to whom the same shall have been delivered.
§ 166-8. Disposal of unclaimed property.
A. Public notice; conduct of sale. Where any shopping cart or wagon remains in the custody of the Village Clerk for a period of 15 days after removal and no person has redeemed the same and presented to the Village Clerk proof of establishing to his satisfaction such person's ownership thereof, the Village Clerk shall publish a notice once in the official newspaper of the Village, advising that at a specified place and time not less than five days after such notice is published, such property will be sold at public auction for the best price that can be obtained in excess of the redemption fee, costs of publication and other expenses of the Village Clerk for conducting the sale. Such sale shall be conducted by the Village Clerk or by an auctioneer designated by him.
B. Resale or other disposition: immunity of Village. In the event that such property shall remain unsold at public auction, the Village Clerk may re-offer said property for sale at a subsequent public auction held pursuant to this chapter, or he may dismantle, destroy or otherwise dispose of the property. Any such sale or other disposition of such property pursuant to this chapter shall be without liability on the part of the Village to the owner of such property or other person lawfully entitled therein or having an interest therein.
C. Disposition of proceeds. All proceeds received from the redemption and/or sale of abandoned shopping carts or wagons pursuant to this chapter shall be deposited to the general fund of the Village.
§ 166-9. Penalties for offenses.
Except as otherwise provided, any violation of any provision of this chapter shall constitute a violation pursuant to the Penal Law; provided, however, that in no case shall the fine imposed exceed $250.
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