It is the intent of this chapter to eliminate
danger and inconvenience to the public caused by the abandonment of
shopping carts in public places, including but not limited to streets,
sidewalks and parking fields within the Village of Cedarhurst, where
the abandoned carts may become an obstacle and hazard to pedestrian
and vehicular traffic.
It shall be unlawful for any person to provide
carts for patrons' use on store or business premises unless the cart
has permanently affixed to it a sign, metallic tag or other means
for clearly identifying the owner of the cart and the specific store
location at which said cart is used.
It shall be unlawful for any owner to suffer
or permit any person to take any cart from the owner's premises or
parking area and thereafter abandon, discard, leave, place, suffer
or permit any cart to be left or placed in a public place.
At its discretion and in addition to any other
penalty authorized pursuant to this Code, the Village is hereby authorized
to seize and remove or cause to be removed any abandoned shopping
cart from any public place, without notice, and shall take or cause
the same to be taken to a facility for redemption or disposition as
hereinafter provided.
In accordance with Article 13-A of the General
Municipal Law and Article 7-B of the Personal Property Law, the Village
Clerk may dispose of shopping carts held by the Village of Cedarhurst
for a period of 15 days or more at a public auction held pursuant
to notice.
A. Public notice. Public notice of the auction shall
be given by publication once in the official newspaper or a newspaper
designated by the Village Board for Village notices, at least five
days prior to the auction, and shall contain the time and place of
the auction, together with a brief description of the articles to
be sold.
B. Proceeds. All proceeds received from the redemption
of or sale of shopping carts at auction herein provided shall be collected,
applied and disbursed as damages to the Village of Cedarhurst for
the costs of administration of this chapter; and any such sales or
other dispositions shall be without liability on the part of the Village
to the owner of the carts or other persons having an interest therein.
Any person violating any of the provisions of
this chapter shall, upon conviction thereof, be subject to a fine
of not more than $250 for each violation.