[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town
of Dover 7-27-1970 as Art. 38, Ch. I, of the 1969 Revised
Ordinances. Amendments noted where applicable.]
The following terms, wherever used or referred to in this chapter, shall
have the respective meanings, which definitions shall apply in the interpretation
and enforcement of this chapter unless a different meaning clearly appears
from the context:
Any rolling or nonrolling basket or container commonly used in so-called
supermarkets or self-service stores.
The Chief of Police of the Town of Dover and his duly authorized
agent or representative.
Any individual, firm, corporation, association or partnership.
Any cart.
The Town of Dover.
The Town Treasurer of the Town of Dover.
It shall be unlawful for any person, firm or corporation, their agents
and/or employees, to leave or abandon or suffer or permit to be left or abandoned
any cart whether owned by them or in their possession, custody or control,
upon any public street, sidewalk, driveway or municipal parking area in this
town. Any cart found so left or abandoned shall be prima facie evidence that
it was left or abandoned by or with the permission of the owner.
A.
Any cart provided or made available for use by any person,
firm or corporation, their agents and/or employees, shall have securely attached
thereto a plainly visible plastic or metal identification tag at least three
and one-half by five (31/2 x 5) inches in size. The number of the cart, the
name and address of its owner and location of the premises where it is actually
available for use shall be legibly printed on said identification card. Duplicate
tag numbers shall be avoided.
B.
Noncompliance with this section shall not be considered
a violation of this chapter unless said cart shall be upon any public street,
sidewalk, driveway or municipal parking area in this town.
The Chief of Police is authorized to enter upon premises at reasonable
hours of a business day where carts are provided and available for use for
the purpose of inspecting for proper identification and otherwise effecting
compliance with this chapter.
The Chief of Police is authorized to remove or cause to be removed and
impound any cart found abandoned or left in any of the prohibited areas described
herein and deliver it to any town-owned storage facilities available for such
purpose. Within five days after the removal of the cart, the Chief of Police
shall, by ordinary mail, notify the owner thereof at the address indicated
on the identification tag that the impounded cart may be redeemed for the
sum of $25 within five days from the date of said notice for redemption. Where
any such property remains unclaimed or unredeemed for a period of five days
beyond the date fixed for redemption or where a cart impounded has no identification
tag, is not claimed or redeemed within 10 days after impounding, the Chief
of Police shall give at least five days' public notice in a newspaper
circulating in the Town of Dover, fixing a place, date, time and terms of
public sale to the highest bidder of such property.
Where any such property shall remain unsold at public sale, the Chief
of Police may dismantle, destroy or otherwise sell or dispose of such property.
Any public sale or other disposition of property pursuant to this chapter
shall be without liability on the part of the town to the owner of such property
or other person lawfully entitled thereto or having an interest therein.
A.
Within 30 days after such property is redeemed, the Chief
of Police shall pay over to the Town Treasurer the amount received for said
redemption and at the same time deliver to said Treasurer a detailed statement
concerning said redemption, including the identity of the property and the
name and address of and the amount received from the redemptor.
B.
Within 30 days after a public sale or disposition other
than redemption of such property, the Chief of Police shall pay over to the
Town Treasurer the proceeds of the sale or other disposition of the property
and at the same time deliver to said Treasurer a detailed statement, including
the identity of the property, the name and address of and the amount paid
by the purchaser and the costs and expense of such sale. The Treasurer shall
deduct from the money realized from such public sale or other disposition
of said property the costs and expenses incurred in addition to the sum of
$25 for each cart sold to cover the costs of its removal and storage and pay
over the balance after said deductions to the owner or person entitled to
such property as hereinbefore provided.[1]
Any person who shall violate any of the provisions of this chapter shall,
upon conviction, be subject to one or more of the following: a fine not exceeding
$1,000, a term of imprisonment not exceeding 90 days or a period of community
service not exceeding 90 days. Each violation of any of the provisions of
this chapter and each day there is a violation thereof shall be deemed and
taken to be a separate and distinct offense. This shall be in addition to
any fees for redemption of such property or costs of public sale chargeable
to an owner or person entitled to possession of such property as hereinbefore
provided.
The provisions of this chapter shall not apply to any property which
may come into the possession or custody of the Police Department of the town
pursuant to any other ordinance, law or regulation.
