This chapter shall be known and may be cited as the "Village
of Mineola Streets and Public Places Law."
As used in this chapter, unless the context or subject matter
otherwise requires, the following words shall have the following definitions:
BUILDING
Any erection of material to form a shelter of any kind, including,
among other forms of shelter, tents, trailers, garages, barns, stables
and other outbuildings.
PERSON
Includes natural persons, firms, corporations and associations.
PUBLIC PLACE
Streets, roads, avenues, sidewalks, thoroughfares, highways,
parks, parkways, alleys, squares, plazas and any and all places not
exclusively subject to private ownership, occupation or control.
VEHICLE
Any device in, upon or by which any person or property is
or may be transported or drawn upon a public highway, regardless of
its means of propulsion, except a baby carriage and devices used exclusively
on stationary rails or tracks.
No person shall encumber, obstruct or use any street, highway
or sidewalk in such a manner as to hinder, impede, delay or interfere
with the free flow of traffic thereon, nor place or deposit any merchandise,
building material or other thing in or upon any street, highway or
sidewalk, without first having obtained the written permission of
the designated enforcement officer.
No person shall place, drop or throw any glass, nails or other
destructive matter in any public place or leave or any such article
or matter to remain thereon.
No person shall lead, ride or drive any horse, livestock or
domesticated or wild animal of similar size, nor permit or suffer
any vehicle to be driven or to otherwise pass or go over or upon any
footpath or sidewalk or curb, except to cross said footpath or sidewalk
or curb over a driveway duly established and regularly used for ingress
and egress.
No person shall engage in ballplaying or other sports and amusements
upon any sidewalk or any street nor use any footpath or sidewalk for
bicycling or roller-skating.
No person shall hold, take part or engage in any parade, exhibition
or entertainment in any public place without a written permit from
the Board of Trustees.
[Added 6-21-2000 by L.L. No. 28-2000; amended 5-15-2002 by L.L. No.
3-2002]
A. Leaving of shopping carts, wagons and bicycles in public places.
It shall be unlawful for any person, his agent or employee to leave
or to suffer or permit to be left any shopping cart, wagon, bicycle
or other similar movable vehicle, either owned by him or in his possession,
custody or control, upon any public place within the Incorporated
Village of Mineola (hereinafter the "Village"), except in areas specifically
designated by resolution of the Board of Trustees.
B. Removal by Village. The Superintendent of Public Works shall remove
or cause to be removed any shopping cart, wagon, bicycle or other
similar movable vehicle found upon any public place within the Village
and shall take or cause such property to be taken to premises of the
Village where it shall be held until redeemed or sold, as hereinafter
provided.
C. Notice to owner. Whenever the Superintendent of Public Works shall
take and hold any shopping cart, wagon, bicycle or other similar movable
vehicle containing identification of ownership or right to possession,
a notice shall be sent by mail or delivered to such person, advising
that such property is held by the Superintendent of Public Works and
advising the amount necessary to redeem such property.
D. Sale at auction. The Village Clerk may sell at public auction any
shopping cart, wagon, bicycle or other similar movable vehicle which
remains in the custody of the Superintendent of Public Works for a
period of 15 or more days after removal. The Village Clerk shall cause
notice of public auction to be given by printing such notice in a
publication of general circulation within the Village at least 10
days prior to such public auction. Such notice shall contain the time
and place of the public auction and a general description of the property
to be sold. The public auction shall be conducted by the Village Clerk
or his designee.
E. Redemption prior to sale. Such shopping cart, wagon, bicycle or other
similar movable vehicle may be redeemed by the owner or custodian
thereof at any time prior to the sale thereof or the dismantling or
otherwise disposal thereof by tendering to the Clerk of the Village,
at his office during regular business hours, a sum as set by resolution
of the Board of Trustees. In addition, the person seeking to redeem
shall be required to pay the pro rata cost of advertising the sale
of such property, if any. Any return of property by the Clerk to a
person pursuant hereto shall be an absolute defense to the Village
against any other person claiming to be entitled thereto.
F. Disposal of unsold property. In the event that a shopping cart, wagon,
bicycle or other similar movable vehicle taken into Village custody
pursuant to this section shall remain unsold at public auction, the
Village Clerk may reoffer it for sale at a subsequent public auction
held pursuant to this section or he may dismantle or otherwise sell
or dispose of such property. Any such sale or other disposition of
such property pursuant to this section shall be without liability
on the part of the Village to the owner of such property or other
person lawfully entitled thereto or having an interest therein.