[HISTORY: Comes from L.L. No. 16-1967, adopted 9-26-1967, effective 10-4-1967.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 173.
[1]
Editor's Note: The original Section 1.0 of this chapter provided: "It is the intent of this local law 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 Town of Hempstead, 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
Includes leaving, discarding, dumping, throwing or placing of personal property in public places.
CART OR SHOPPING CART
Includes 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.
COMMISSIONER
The Commissioner of Public Works of the Town of Hempstead.
OWNER
The merchant or purveyor of foods or other goods who provides patrons with shopping carts and to the person responsible for cart-tag identification under the provisions of this chapter.
PERSON
And include a natural person of either sex, a corporation, a partnership, association, jointstock company, society and all other entities capable of being sued.
PUBLIC PLACE
Includes any street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, thoroughfare, off-street parking area, parking field, commercial parking lot, municipal parking facility, park, parking space, sidewalk, vacant lot, plot, parcel of land and all other spaces or places available to or used by the general public.
SANITATION DIVISION
That branch of the Town of Hempstead Department of Public Works.
TOWN
Includes the unincorporated area of the Town of Hempstead outside village boundary lines.
B. 
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.
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, and a violation of this chapter, 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 or suffer or permit any cart to be left or placed in a public place.
The Commissioner or the Deputy Commissioner, Sanitation Division, and 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 town, without notice, and shall take or cause the same to be taken to a facility within the town for redemption or disposition as hereinafter provided.
A. 
Whenever the Commissioner or Deputy Commissioner 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 certified 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 town may be redeemed by the owner thereof at any time prior to disposal by the town by tendering to the office of the Commissioner, during regular business hours at his office, the sum of $5 each, plus the sum of $1 for each day or part thereof that the said property is held by the town after the owner has been duly notified by certified mail.
C. 
The Commissioner shall require satisfactory proof of ownership or lawful right to possession of the property sought prior to release. Any return of property by the Commissioner to a person claiming the same pursuant to this chapter shall be an absolute defense to the town against any other person claiming same.
A. 
The Commissioner may dispose of all articles of personal property held by the town for a period in excess of 14 days at a public auction held pursuant to notice.
B. 
Public notice of the auction shall be given by publication once in a newspaper designated by the Town Board as an official newspaper for that purpose and by posting on the signboard maintained by the Town 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 the property or part thereof remains unsold at the public auction, the Commissioner 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 town 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 Sanitation Division, in order to defer the cost of enforcing the provisions of this chapter.
Any person or persons, association or corporation committing an offense against §§ 82-2 or 82-3 of this chapter is guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.
[1]
Editor's Note: Added 3-19-1968 by L.L. No. 4-1968, effective 4-8-1968.