As used in this article, the following words
and phrases shall have the meaning or meanings indicated:
NAME OR MARK
Any permanently affixed or permanently stamped name or mark
which is used for the purpose of identifying the owner of shopping
carts.
PERSON
A person of either sex, corporation, partnership, association,
joint-stock company, society and any other entity capable of being
sued.
PUBLIC PROPERTY
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 Valley Stream.
SHOPPING CART
A basket which is mounted on wheels, or a similar device,
generally used in a retail establishment by a customer for the purpose
of transporting goods of any kind.
STREET
Any street, avenue, thoroughfare, lane, alley, path, stairway,
concourse, sidewalk, curb, crosswalk, parking area or lot open to
the public within the Incorporated Village of Valley Stream.
VILLAGE CLERK
The Village Clerk for the Incorporated Village of Valley
Stream.
Every person who owns or makes available to
the public, in connection with the conduct of business or trade, any
shopping cart shall mark or cause the shopping cart to be marked and
identified with the name of the owner.
It is unlawful to willingly or knowingly, with
the intent to deprive the owner of a shopping cart or possession:
A. Remove a shopping cart from the premises or parking
area of any retail establishment, or to be in possession of a shopping
cart that has been removed from the premises or parking area of a
retail establishment.
B. Alter, deface, obliterate, destroy, cover up or otherwise
remove or conceal a name or mark on a shopping cart, or be in possession
of any shopping cart whose name or mark has been altered, defaced,
obliterated, destroyed, covered up or otherwise removed or concealed,
without the consent of the owner of the shopping cart.
C. Be in possession of, have custody or control of any
shopping cart off the premises of the owner of said shopping cart.
Any person designated by the Village Clerk may
remove or cause to be removed any shopping cart abandoned or discarded
on any street or public or private property and shall notify the Department
of Public Works to impound 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
article.
Whenever a shopping cart that has been impounded contains sufficient information with which to identify the owner or the person having the right of possession thereof, the Department of Public Works shall notify the Village Clerk, who shall then send a notice by ordinary mail no later than the seventh day following the date of impoundment to the owner, advising such person that the shopping cart has been impounded, where the shopping cart is being stored, the amount of money and procedure necessary to redeem the shopping cart from impoundment and the date after which the shopping cart, if it has not been redeemed, can be sold at public auction pursuant to this article. If any impounded shopping 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 §
59-40 relating to the sale of unredeemed shopping carts must be complied with in respect to any such shopping cart.
Any impounded shopping 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 shopping cart by the Incorporated Village of Valley
Stream, upon paying the sum of $25. No shopping cart shall be delivered
to a person seeking 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 shopping cart or carts.
Any and all redemption of any shopping cart or carts must occur prior
to the legal advertisement for the auction of said shopping cart or
carts.
When a sufficient number of shopping carts have
been accumulated and in custody of the Village, and if no person or
entity to whom said cart(s) belong(s) has paid the required redemption
fee and established his, her or its ownership or right of possession,
it shall then be within the discretion of the Village Clerk, on behalf
of the Incorporated Village of Valley Stream, to publish notice in
a newspaper distributed in the Incorporated Village of Valley Stream
advising that at a stated time and place, not less than seven days
after such notice is made public, such shopping cart or carts shall
be sold at public auction for the best price obtained. A general description
in such notice of the shopping cart or carts to be sold shall be sufficient.
If any impounded shopping cart is not sold at
public auction, the Village may reoffer it for sale at any subsequent
public auction held pursuant to this article or dismantle, destroy
or otherwise sell or dispose of such shopping cart or carts. Any sale
or disposition of a shopping cart pursuant to this article shall be
without any liability on the part of the Incorporated Village of Valley
Stream to the owner or other person lawfully entitled thereto or having
any interest therein.
Upon redemption or sale of a shopping cart or
carts, the proceeds shall be deposited in the general fund of the
Incorporated Village of Valley Stream and used as a part thereof.
The provisions of this article may be enforced
by any Code Enforcement Officer of the Incorporated Village of Valley
Stream or any person designated by the Village Clerk.
[Amended 11-19-2018 by L.L. No. 28-2018]
Any person, firm, company, association, corporation
or business of any kind convicted of an offense of any provision of
this article shall be subject to a fine of not more than $500 and
15 days in jail, or both.
The provisions of this article 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 Valley Stream
pursuant to this or any other ordinance, law or regulation.
If any clause, sentence, paragraph, word, section
or part of this article shall be adjudicated by a court of competent
jurisdiction to be unconstitutional, illegal or invalid, such judgment
shall not affect, impugn or invalidate the remainder thereof but shall
be confined in operation to the clause, sentence, paragraph, word,
section or part thereof directly involved in the controversy in which
such judgment shall have been rendered.