ARTICLE II Shopping Carts
[Adopted 4-29-1975 by L.L. No. 8-1975 as Ch. 79 of the 1975 Code]
§ 250-7. Legislative intent.
It is the intent of this article to eliminate danger and inconvenience to the public caused by the abandonment of shopping carts in public places such as streets and sidewalks within the Town of Yorktown, where the abandoned carts may become an obstacle to traffic and a hazard to pedestrians.
§ 250-8. Definitions.
A. As used in this article, the following terms shall have the meanings indicated:
ABANDON — Leaving, discarding, dumping, throwing or placing of personal property in public places.
BUILDING INSPECTOR — The Building Inspector of the Town of Yorktown.
CART or SHOPPING CART — Any rolling or nonrolling basket or container, and any part of parts thereof, commonly used in supermarkets or self-service stores as a conveyor of goods, wares and merchandise.
OWNER — The merchant or purveyor of foods or other goods who provides patrons with shopping carts and to the person responsible for cart-tag identification under the provisions of this article.
PERSON — A natural person of either sex, a corporation, a partnership, association, joint-stock company, society and all other entities capable of being sued.
PUBLIC PLACE — Any street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, thoroughfare, off-street parking area, parking field, commercial parking lot, municipal parking facility, park, parking space, sidewalk, vacant lot, plot, parcel of land and all other spaces or places available to or used by the general public.
TOWN — The unincorporated area of the Town of Yorktown.
B. Word usage. The words "or" and "and" as used herein may be construed interchangeably, where such meaning is necessary to effectuate the purpose of this article.
§ 250-9. Identification tags required.
It shall be unlawful for any person to provide carts for patron's 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.
§ 250-10. Removing cart from owner's property; abandonment.
It shall be unlawful and a violation of this article 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.
§ 250-11. Remedy by Building Department.
The Building Inspector is 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.
§ 250-12. Redemption. [Amended 4-21-1987 by L.L. No. 10-1987]
A. Whenever the Building Inspector removes or causes to be removed any shopping carts having identification of ownership or right of possession, notice of the removal shall be served personally on the owner or sent by certified mail, return receipt requested, to the owner advising him/her/it of the removal of the shopping cart, the facility to which the shopping cart was removed and the amount necessary to redeem the shopping cart.
B. Any shopping carts removed from public places within the town may be redeemed by the owner thereof any time prior to disposal by the town by tendering to the office of the Building Inspector during regular business hours at his office the sum of $25 each, plus the sum of $1 for each day or part thereof that said property is held by the town following the owner's receipt of the notice provided pursuant to Subsection A of this article.
C. The Building Inspector shall require satisfactory proof of ownership or lawful right to possession of the property sought prior to release. Any return of property by the Building Inspector to a person claiming the same pursuant to this article shall be an absolute defense to the town against any other person claiming same.
§ 250-13. Disposal. [Amended 4-21-1987 by L.L. No. 10-1987]
The Building Inspector may dispose of all shopping carts held by the town for a period in excess of five days, following the owner's receipt of the notice provided pursuant to § 250-12A of this article in any manner the Building Inspector sees fit, including the destruction of the shopping cart.
§ 250-14. Penalties for offenses.
Any person committing an offense against any provision of this article shall be guilty of a violation punishable by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250 or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
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