[HISTORY: Adopted by the Board of Trustees of the Village
of Suffern 8-23-1971. Sections 224-2, 224-3, 224-4B and C and 224-5A, C and D amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Other amendments noted where applicable.]
GENERAL REFERENCES
Commercial parking areas — See Ch.
189.
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 such as streets and sidewalks within the Village of Suffern,
where the abandoned carts may become an obstacle to traffic and a
hazard to pedestrians.
A. Definitions. For the purpose of this chapter, the following definitions
shall be included in the words or phrases used:
ABANDON
Leaving, discarding, dumping, throwing or placing of personal
property in public places.
CART OR SHOPPING CART
Any rolling or nonrolling basket or container and any part
or parts thereof commonly used in supermarkets or self-service stores
as a conveyor of goods, wares and merchandise.
OWNER
The merchant or purveyor of foods or other goods who provides
patrons with shopping carts and the person responsible for cart-tag
identification under the provisions of this chapter.
PERSON
A natural person of either sex, a corporation, a partnership,
an association, a joint-stock company, a society and all other entities
capable of being sued.
PUBLIC PLACE
Any street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert, crosswalk, thoroughfare, off-street
parking area, parking field, municipal parking facility, park, parking
space, sidewalk, vacant lot, plot, parcel of land and all other space
or places available to or used by the general public.
SUPERINTENDENT
The Superintendent of the Department of Public Works of the
Village of Suffern.
VILLAGE
The incorporated area of the Village of Suffern.
B. Word usage. The words "or" and "and," as used herein, may be construed
interchangeably where such meaning is necessary to effectuate the
purpose of this chapter.
The Superintendent and Department of Public Works employees
are hereby authorized to seize and remove or cause to be removed any
abandoned shopping cart from any public place within the Village,
without notice, and shall take or cause the same to be taken to a
facility within the Village for redemption or disposition as hereinafter
provided.
A. Whenever the Superintendent removes or causes to be removed any shopping
carts having identification of ownership or right of possession, notice
of the removal shall be sent by certifed mail, return receipt requested,
advising of the removal, the facility to which it was removed and
the amount necessary to redeem the article.
B. Any shopping carts removed from public places within the Village
may be redeemed by the owner thereof any time prior to the disposal
by the Village by tendering to the Department of Public Works during
regular business hours at its office the sum as set by resolution
of the Board of Trustees in the Standard Schedule of Fees for each day or part thereof that said property is held
by the Village after the owner has been duly notified by certified
mail.
C. The Department of Public Works shall require satisfactory proof of
ownership or lawful right to possession of the property sought prior
to release. Any return of property by the Department of Public Works
to a person claiming the same pursuant to this chapter shall be an
absolute defense to the Village against any other person claiming
the same.
A. The Department of Public Works may dispose of all articles of personal
property held by the Village for a period in excess of 14 days at
a public auction held pursant to notice.
B. Public notice of the auction shall be given by publication once in
a newspaper designated by the Board of Trustees as an official newspaper
for that purpose and by posting on the signboard maintained by the
Village Clerk 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 offered for sale.
C. In the event that the property or part thereof remains unsold at
the public auction, the Department of Public Works may reoffer the
same for sale at another public auction or may sell or otherwise dispose
of any unsold articles in any manner permitted by law. Any sale or
other disposition shall be without liability on the part of the Village
to the owner of the property or other person having an interest therein.
D. All proceeds received from the redemption and sale of the personal
property as hereinbefore provided are to be applied to the account
of the Department of Public Works in order to defer the cost of enforcing
the provisions of this chapter.