[HISTORY: Adopted by the Board of Trustees of the Village of Greenport
10-18-1990 by L.L. No. 3-1990 as § 73-2C of Ch. 73 of the 1975 Code.
Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 115.
Unless otherwise stated expressly, the following words and expressions
where used in this chapter shall have the meanings as follows:
A shopping cart shall be deemed abandoned if left unattended on any
street, as herein defined, of the Village of Greenport.
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, 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 person 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 or
other means for permanently identifying the owner of the cart.
The Village of Greenport Highway Department is hereby authorized to
seize and remove any abandoned shopping carts from any public place within
the Village of Greenport without notice, and shall take them to a facility
within the village for redemption or disposition as herein provided.
Whenever the Highway Department 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 Highway Department
and advising the amount necessary to redeem and the place where same may be
redeemed.
Such property may be redeemed by the owner thereof at any time prior
to the sale, dismantling, destruction or disposal thereof, and the owner shall
be entitled to receive such property upon tendering the sum of twenty-five
dollars ($25.) to the Village of Greenport. No property shall be delivered
to a person seeking to redeem the same unless proof establishing ownership
is submitted to the satisfaction of the Highway Department. 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 from the person
to whom the same shall have been delivered.
Where any such property remains in the custody of the Highway Department
for a period of fifteen (15) days after removal, and with respect to which
no person has presented proof establishing such person's ownership, the Village
Clerk shall give public notice in the official newspaper of the village, advising
that at a specified place and time, not less than five (5) days after such
notice is published, such property will be sold at public auction. A general
description in such notice of the property to be sold shall be sufficient.
Said sales shall be conducted by a person designated by the Mayor.
In the event that the said property shall remain unsold at public auction,
the said property may be re-offered for sale at a subsequent public auction
held pursuant to this chapter, or the Highway Department 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 or sold, the proceeds shall
be paid over to the Village Treasurer and deposited in the General Fund of
the Village.
