Unless otherwise expressly stated, the following
words and expressions where used in this chapter shall have the meanings
indicated:
SHOPPING CART
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.
STREETS
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 persons 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.
Whenever the Superintendent of Public Works
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 Superintendent of
Public Works and advising the amount necessary to redeem.
[Amended 2-25-1997 by L.L. No. 5-1997]
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 of $25 to the Village of Patchogue. No property shall be delivered
to a person seeking to redeem the same unless proof establishing such
person's ownership is submitted to the satisfaction of the Superintendent
of Public Works. 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 with interest and cost
from the person to whom the same shall have been delivered.
Where any such property remains in the custody
of the Superintendent of Public Works for a period of 15 days after
removal and with respect to which no person has presented to the Superintendent
of Public Works proof establishing to his satisfaction such person's
ownership, the Superintendent of Public Works 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 sales shall be conducted by the
Superintendent of Public Works or any employee of his Department designated
by him or by an auctioneer designated by the Superintendent of Public
Works.
In the event that said property shall remain
unsold at public auction, the Superintendent of Public Works 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 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.
[Amended 2-25-1997 by L.L. No. 5-1997]
Immediately after the property is redeemed,
the Superintendent of Public Works 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
Superintendent of Public Works 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 $25 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.