Unless otherwise stated expressly, the following words and expressions
where used in this chapter shall have the meanings as follows:
SHOPPING CART
Includes 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 and property.
STREETS
Includes a street, avenue, road, alleyway, public passageway,
lane, highway, concourse, driveway, culvert, crosswalk and sidewalk
and every class of road, square and municipal parking field used by
the general public.
No person who owns or makes available to the public in connection
with the conduct of business and trade any shopping cart shall leave
or suffer or permit it to be left by himself, his agents or other
persons to whom temporary possession has been permitted by the said
owner, upon any street, sidewalk, municipal parking field or public
place.
Every person who owns or makes available to the public in connection
with the conduct of business and trade 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 cart, or a cutting or
stamping on the frame of the cart.
Any person violating any of the provisions of this chapter shall
be liable for and forfeit and pay a penalty of $25. The fine is to
be paid in addition to any fees for redemption of impounded property
or cost of sale chargeable to the owner of impounded property as hereinafter
provided.
Whenever the Superintendent of Public Works shall take possession
of any property left upon any street, sidewalk, municipal parking
field or public place in violation of this chapter where such property
contains identification of ownership, a notice shall be sent by ordinary
mail to such person purporting to be the owner, advising that such
property is held by the Superintendent of Public Works and advising
the amount necessary to redeem.
Such property may be redeemed by the owner thereof at any time
prior to the sale, dismantling, destruction or disposal thereof, and
he shall be entitled to receive such property upon tendering the sum
of $15 to the Village of Nyack. No property shall be delivered to
a person seeking to redeem the same unless proof establishing such
person's ownership is submitted to the satisfaction of the Superintendent
of Public Works. 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 not in fact entitled thereto, the person to whom the same ought
to have been delivered may recover the same with interest and cost
from the person to whom the same shall have been delivered.
Where any such property remains in the custody of the Superintendent
of Public Works for a period of 15 days after removal and with respect
to which no person has presented to the Superintendent of Public Works
proof establishing to his satisfaction such person's ownership,
the Superintendent of Public Works 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 property will be sold at public auction for the best price he
can obtain. A general description in such notice of the property to
be sold shall be sufficient. Said sales shall be conducted by the
Superintendent of Public Works or any employee of his department designated
by him or by an auctioneer designated by the Superintendent of Public
Works.
In the event that the said property shall remain unsold at public
auction, the Superintendent of Public Works may reoffer the said property
for sale at a subsequent public auction held pursuant to this chapter
or he may dismantle, destroy or otherwise dispose of this property.
Any such sale or other disposition of such property pursuant to this
chapter shall be without any liability on the part of the Village
to the owner of such property or other person lawfully entitled thereto
or having an interest therein.
Immediately after the property is redeemed, the Superintendent
of Public Works shall pay over to the Treasurer of the Village the
amount received for redemption, costs and expenses of the article
redeemed, together with an itemized statement thereof. Immediately
after a sale or other disposition of such property, the Superintendent
of Public Works shall pay to the Treasurer the proceeds of sale or
other disposition of such property, with an itemized statement of
the article 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 $5 for such article sold,
to cover the cost of removing and storing the property; the remainder
of the moneys realized from such sale or other disposition shall be
paid without interest to the lawful owner thereof as determined by
the identification, if any, on the property so sold or otherwise disposed
of.