Port Washington North Village
Port Washington North Village, NY
Chapter 134: SHOPPING CARTS, ABANDONED
[HISTORY: Adopted by the Board of Trustees of the Village of Port Washington North 10-14-2003 by L.L. No. 7-2003. Amendments noted where applicable.]
§ 134-1. Definitions.
The following terms when used in this chapter shall have the meanings indicated:
ABANDONED SHOPPING CART — A shopping cart left unattended in any public place for more than five minutes, whether or not the shopping cart is empty.
PUBLIC PLACE — Includes any municipal street, municipal sidewalk, municipal parking field, or other publicly owned place within the Village.
SHOPPING CART — Includes any cart, basket, container, or other device made of wire, metal, plastic, or other material or combination of such materials, mounted on wheels, manually operated, and designed and/or used for the conveyance of goods and property.
SUPERINTENDENT — The Superintendent of Public Works of the Village.
TREASURER — The Treasurer of the Village.
VILLAGE — The Village of Port Washington North.
§ 134-2. Abandonment prohibited.
A. No person who owns or makes available to the public in connection with the conduct of business and trade any shopping cart shall suffer, tolerate, or permit any such shopping cart to be or to remain abandoned in any public place.
B. No person who has used or otherwise moved a shopping cart shall, thereafter, abandon such shopping cart in any public place.
§ 134-3. Identification tags.
Every person who owns or makes available to the public in connection with the conduct of business and trade within the Village any shopping cart shall mark or cause the same to be marked and identified conspicuously with the name and address of the owner. Such identification shall be in the form of metal tags securely fastened to the shopping cart, or a cutting or stamping on the frame of the shopping cart, or in such other manner approved by the Superintendent.
§ 134-4. Penalties for offenses.
Any person violating any of the provisions of this chapter shall be punishable by a fine not to exceed $100. The fine is to be paid in addition to any fees for redemption of an impounded shopping cart or cost of sale chargeable to the owner of an impounded shopping cart as hereinafter provided. Each shopping cart that does not have the required identification tag shall be deemed a separate and distinct violation. Each day that a shopping cart does not have the required identification tag shall be deemed a separate and distinct violation. Each abandoned shopping cart shall be deemed a separate and distinct violation. Each day that a shopping cart is abandoned, shall be deemed a separate and distinct violation.
§ 134-5. Impounding shopping carts.
Whenever the Superintendent shall take possession of any abandoned shopping cart, and such abandoned shopping cart contains identification of ownership, a notice shall be sent by ordinary mail to such person purporting to be the owner, advising that such shopping cart is held by the Superintendent and advising the owner of the amount necessary to redeem the shopping cart.
§ 134-6. Redemption.
A. An abandoned shopping cart, and any goods or other property that may be therein, may be redeemed by the owner or the owner’s authorized representative at any time prior to the sale, dismantling, destruction, or disposal thereof, and such owner or representative shall be entitled to receive such shopping cart, and any goods or other property that may be therein, upon tendering the sum of $25 to the Village.
B. No shopping cart shall be delivered to a person seeking to redeem the shopping cart unless proof establishing such person's ownership or authorization from the owner is submitted to the satisfaction of the Superintendent. Any delivery to a person apparently entitled thereto shall be a good defense to the Superintendent and the Village from any other person claiming to be entitled thereto, but if the person to whom delivery is made is not in fact entitled thereto, the person to whom the shopping cart ought to have been delivered may recover the shopping cart from the person to whom the shopping cart shall have been delivered. In the event that any dangerous or perishable goods are contained within the abandoned shopping cart, such goods may be disposed of by the Superintendent without any liability on the part of the Superintendent or the Village for its value to the owner.
§ 134-7. Sale of unclaimed shopping carts.
In the event that any abandoned shopping cart remains unredeemed in the custody of the Superintendent for a period of 15 days after removal and with respect to which no person has presented satisfactory proof establishing such person’s ownership or authorization from the owner to the Superintendent, the Superintendent shall give public notice 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 shopping cart will be sold at public auction to the highest bidder. A general description in such notice of the shopping cart to be sold shall be sufficient. Such sales shall be conducted by the Superintendent or any employee of the Village designated by the Superintendent, the Village Clerk, or the Village Board of Trustees.
§ 134-8. Destruction of unsold shopping carts.
In the event that any shopping cart shall remain unsold at public auction, the Superintendent may reoffer such shopping cart for sale at a subsequent public auction held pursuant to this chapter or have it dismantled, destroyed, or otherwise disposed of. Any such sale or other disposition of such shopping cart pursuant to this chapter shall be without any liability on the part of the Superintendent or the Village to the owner of such shopping cart or any other person lawfully entitled thereto or having an interest therein.
§ 134-9. Proceeds of sale; disposition.
Immediately after an abandoned shopping cart is redeemed, the Superintendent shall pay over to the Treasurer the amount received for the redemption. Immediately after a sale or other disposition of an abandoned shopping cart, the Superintendent shall pay to the Treasurer the proceeds of sale or other disposition of such shopping cart, with an itemized statement of the shopping cart sold, the price received, and the costs and expenses of sale, and the Treasurer shall retain so much of the proceeds as equals the costs and expenses of such sale plus $25 for such shopping cart sold, to cover the cost of removing and storing the shopping cart; the remainder of the moneys realized from such sale or other disposition shall be held by the Treasurer and paid, without interest, to the lawful owner thereof as determined by the identification, if any, on the shopping cart so sold or otherwise disposed of, so long as such owner files a verified claim form for such payment with the Village Clerk within one year from the date of such sale. In the event that the owner does not file a verified claim form for such funds within one year from the date of the sale, such funds shall be deemed abandoned and shall be deposited by the Treasurer in the Village’s general fund and there shall be no further liability for such shopping cart or such funds on the part of the Superintendent or the Village to the owner of such shopping cart or any other person lawfully entitled thereto or having an interest therein.
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