[HISTORY: Adopted by the Common Council of the City of Port Jervis 4-13-1998
by L.L. No. 3-1998 (Ch. 131 of the 1981 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms have the meanings indicated:
Any area or areas of private property near or contiguous to and generally
provided for or used in connection with premises having one or more stores
or business establishments and used by the public as a means of access to
and egress from such stores or business establishments and for the parking
of motor vehicles of customers or patrons of such stores and business establishments.
Any nonmotorized device, including those with wheels, commonly used
to transport or carry food and/or other merchandise.
Any and all firms, corporations or other types of business establishments
which own and/or provide shopping carts for the use of customers or patrons
shall comply with the following requirements:
A.
Post signs, with dimensions of at least 24 inches in
both height and width, at each of the public entrances and exits from its
business establishment, which signs shall read "No person shall remove any
shopping cart from the parking lot under penalty of law," which lettering
shall be in black block letters at least one inch in height.
B.
Affix to each shopping cart owned or used by that business
establishment a metal plate which shall indicate the name of said owner or
business establishment, the address of said owner or business establishment
and a serial number or other identification number.
C.
Furnish a master list of all shopping carts utilized
by said business establishment, which list shall contain a listing of all
such shopping carts utilized in the operation of said business or under the
care, custody or control of said business, to the Director of Public Works,
1 Franklin Street, Port Jervis, New York 12771.
A.
It shall be unlawful for any person, firm, company, corporation
or otherwise to allow shopping carts to be or remain unattended on any street,
sidewalk or public place or property.
B.
It shall be unlawful for any person, firm, company, corporation
or otherwise to remove a shopping cart from any parking lot without the express
written permission of the owner of said shopping cart or the firm, company,
corporation or business establishment having care, custody or control of said
shopping cart.
A.
Unattended shopping carts on streets, sidewalks, public
places or public property outside of the business establishment owning, utilizing
and/or furnishing such shopping carts or outside of a parking lot as defined
in this chapter are subject to confiscation, removal and storage by the City
of Port Jervis at a place designated by the Department of Public Works of
the City of Port Jervis. Any such shopping cart must be stored for a period
of at least 30 days to allow the owner of said cart to redeem his property.
If any said shopping cart is not claimed within 30 days, the City of Port
Jervis may dispose of said shopping cart as it chooses.
B.
In the event that any stored shopping cart is claimed by its rightful owner during the period of time said cart is in storage by the City, the City shall return said cart to the rightful owner upon satisfactory verification of ownership, care, custody or control after the payment of a recovery fee as provided in Chapter 280, Fees, to cover handling and storage expenses.[1]
