[HISTORY: Adopted by the Board of Trustees of the Village of Patchogue 10-26-1964 by Ord. No. 7.7 (Ch. 62, Art. III, of the 1968 Code). Amendments noted where applicable.]
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.
- 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.
Editor's Note: Original § 62-18, Penalty for offenses, which immediately followed this section, was repealed 2-25-1997 by L.L. No. 5-1997.
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.