[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa
Park 7-1-1986 by L.L. No. 4-1986. Amendments noted where applicable.]
As used in this chapter, the following words and phrases shall have
the meaning or meanings indicated:
A hand-drawn or -pushed cart or wheeled container made of metal,
wood or other material, such as generally provided by merchants for the use
of their customers carting or carrying goods, wares and merchandise.
A person of either sex, corporation, partnership, association, joint-stock
company, society and any other entity capable of being sued.
Any park, square, culvert, stream, stream bed, field, woodland, lawn,
parking area or lot, building, structure, entity or any other place or location
owned by or under the control or supervision of the Incorporated Village of
Massapequa Park.
Any street, avenue, highway, thoroughfare, lane, alley, path, stairway,
concourse, sidewalk, curb, crosswalk, parking area or lot open to the public
or used by the public within the Village of Massapequa Park.
It shall be unlawful for any person to discard or abandon any cart upon
any street or upon any public property or to suffer or permit any cart to
be discarded or abandoned upon any street or upon any public property, whether
such cart is owned by him or her or is in his or her possession, custody or
control, or to have in his or her possession any cart which is not his or
her property or to which said individual has no right to possession or custody,
which cart is in excess of 500 feet from the actual store or business premises
which owns the cart or which store or business premises has custody or right
to said cart or carts.
A.
Any cart left unattended on any street or upon any public
or private property where there is no person present who has actual physical
custody or control of the cart shall be deemed to have been discarded or abandoned
within the meaning of this chapter. Any cart in the physical custody or control
of a person which cart is left unattended on private property and which cart
is clearly in the ownership of some individual or entity other than the person
on whose property the cart is located, shall be deemed to have been discarded
or abandoned within the meaning of this chapter.
B.
The village shall notify the owner of the cart, if the
owner can be ascertained, of the location of the cart and give the owner an
opportunity to pick up the cart within 24 hours of the notification to the
owner. If the cart is not picked up by the owner, then the village can pick
up the cart and deposit the same in a village facility or a facility under
the supervision of the village.
C.
With respect to any cart which has been abandoned or
discarded upon any street or any public property, the owner of the cart shall
be deemed to have suffered or permitted the cart to have been discarded or
abandoned. If the ownership of the cart cannot be ascertained, then the cart
shall have been deemed to have been discarded and abandoned.
It shall be unlawful for any person to remove a cart, as herein defined,
from the property of any business or enterprise without the express written
consent of the owner, where said cart is in excess of 500 feet from the actual
store or business premises which owns the cart.
There shall be a violation of this chapter when a cart or carts is or
are abandoned or discarded in excess of 500 feet from the actual store or
business premises which owns or has legal possession of said cart or carts
and where a cart has been abandoned or discarded on private property where
the ownership or legal possession of said cart or carts is clearly other than
the person on whose property said cart or carts are located.
The village may remove or cause to be removed any cart abandoned or
discarded on any street or public or private property and shall take the same
or cause the same to be taken to property or premises of the village, where
the same shall be held until redeemed, sold or otherwise disposed of as provided
in this chapter.
Whenever a cart that has been impounded contains sufficient information with which to identify the owner or the person having the right of possession thereof, a notice shall be sent by ordinary mail no later than the 14th day following the date of impoundment (holidays excluded) to such person, advising such person that the cart has been impounded, where the cart is being stored, the amount of money and procedure necessary to redeem the cart from impoundment and the date after which the cart, if it has not been redeemed, can be sold at public auction pursuant to this chapter. If any impounded cart does not contain identification sufficient to determine its owner or the person having the right of possession thereto, no such notice is required to be sent; however, the provisions of § 282-9 relating to the sale of unredeemed carts must be complied with with respect to any such cart.
Any impounded cart may be redeemed by the owner or by such other person
having the right of possession thereto at any time prior to the sale, destruction,
disposal or other disposition of the cart by the Village of Massapequa Park,
upon paying the sum of $25. No cart shall be delivered to a person seeking
to redeem the same unless satisfactory proof establishing such person's ownership
or right of possession is submitted and proven. If the name of the entity,
supermarket or store is on said shopping cart, that shall be sufficient proof
of that particular entity, supermarket or store. Any delivery to a person
apparently entitled thereto shall be a valid and good defense for the village
against any other person or entity claiming to be entitled to said cart or
carts. Any and all redemption of any cart or carts must occur prior to the
legal advertisement for the auction of said cart or carts.
When a sufficient number of carts have been accumulated by the village
or are in the custody of the village and if no person or entity has paid the
required redemption fee and/or established his, her or its ownership or right
of possession, it shall then be within the discretion of the Village Administrator
or his designee, on behalf of the Village of Massapequa Park, to publish notice
in a newspaper distributed in the Village of Massapequa Park, advising that
at a stated time and place, not less than seven days after such notice is
made public, such cart or carts shall be sold at public auction for the best
price obtained. A general description in such notice of the cart or carts
to be sold shall be sufficient. If more than one cart is to be sold at the
same time and place, this section shall be satisfied by publication of one
legal notice, provided that the aforesaid cart(s) to be sold is/are generally
described therein. This section shall not preclude the Village
of Massapequa Park from also giving notice of any sale by any other means,
as long as the provisions in this section are complied with.
If any impounded cart is not sold at public auction, the village may
reoffer it for sale at any subsequent public auction held pursuant to this
chapter or dismantle, destroy or otherwise sell or dispose of such cart or
carts. Any sale or disposition of a cart pursuant to this chapter shall be
without any liability on the part of the Village of Massapequa Park to the
owner or other person lawfully entitled thereto or having any interest therein.
Upon redemption or sale of a cart or carts, the proceeds shall be deposited
in the general fund of the Incorporated Village of Massapequa Park and used
as a part thereof.
[Amended 6-13-1994 by L.L.
No. 15-1994]
Any person or entity who shall violate any section of this chapter shall, upon conviction, be subject to a fine up to the maximum fine allowed by law. Each violation of this chapter shall be deemed to be a separate offense, punishable as provided in this section. Any person who shall violate § 282-4 of this chapter, upon conviction or by pleading guilty, shall be subject to a minimum mandatory fine of $25.
The provisions of this chapter shall not apply to any property other
than a shopping cart or carts which come into the possession or custody of
the Incorporated Village of Massapequa Park pursuant to any other ordinance,
law or regulation.
