[HISTORY: Adopted by the Board of Trustees of the Village of Babylon
6-12-1956 (Ch. 199 of the 1981 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes a natural person of either sex, a corporation, partnerships,
associations, joint-stock companies, societies and all other entities capable
of being such.
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.
Includes a street, avenue, road, alley, 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.
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, either owned
by such person or in such person's possession, custody or control, upon any
street, sidewalk, municipal parking field or public place.
It shall be deemed a violation of this chapter if any shopping cart
is left unattended or remains upon any street, sidewalk, municipal parking
field or public place for a period in excess of 12 hours.
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 a metal tag securely
fastened to the cart or a cutting or stamping on the frame of the cart.
[Amended 11-30-1981 by L.L. No. 13-1981]
A.
Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
B.
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this chapter.
[Amended 11-30-1981 by L.L. No. 13-1981]
Whenever the enforcement officer shall take possession of any property
left upon any street, sidewalk, municipal parking field or public place in
violation of this chapter and 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 enforcement officer and
advising the amount necessary to redeem.
[Amended 11-30-1981 by L.L. No. 13-1981[1]]
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 as set from time
to time by resolution of the Board of Trustees to the enforcement officer.
In addition the persons 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 enforcement officer 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.
[Amended 11-30-1981 by L.L. No. 13-1981]
Where any such property remains in the custody of the enforcement officer
for a period of 15 days after removal and with respect to which no person
has presented to the enforcement officer proof establishing to his satisfaction
such person's ownership, the enforcement officer 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 sale shall be conducted by the enforcement officer, or any employee of
his department designated by him, or by an auctioneer designated by the enforcement
officer.
[Amended 11-30-1981 by L.L. No. 13-1981]
In the event that said property shall remain unsold at public auction,
the enforcement officer may reoffer 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 liability on the
part of the Village to the owner of such property or other person lawfully
entitled thereto or having an interest therein.
[Amended 11-30-1981 by L.L. No. 13-1981[1]]
Immediately after property is redeemed, the enforcement officer 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
enforcement officer 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 a fee as set from time to time by resolution of the Board of Trustees
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.
[Amended 11-30-1981 by L.L. No. 13-1981]
The provisions of this chapter shall not apply to any property which
may come into the possession or custody of the enforcement officer pursuant
to any other ordinance, law or regulation.
