[HISTORY: Adopted by the Board of Trustees of the Village
of Hempstead 9-4-2012 by L.L. No. 10-2012.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former
Ch. 111, Shopping Carts, adopted 2-17-1981 by L.L. No. 17-1981.
A.
ABANDON
LAUNDRY CART
OWNER
PARKING AREA
PERSON
PUBLIC PLACE
SHOPPING CART or CART
For the purpose of this chapter, the following definitions shall
be included in the words or phrases used:
Includes leaving, discarding, dumping, throwing or placing
of shopping carts or similar devices in public places.
A basket which is mounted on wheels and used in a coin-operated
laundry or dry cleaning retail establishment by a customer or an attendant
for the purpose of transporting fabrics and the supplies necessary
to process them.
The merchant or purveyor of merchandise who provides patrons
with shopping carts and the person responsible for cart tag identification
under the provisions of this chapter.
A parking lot or other property provided by a retailer for
use by a customer for parking an automobile or other vehicle.
Includes a natural person of either sex, a corporation, a
partnership, association, joint-stock company, society and any other
entity capable of being sued in a court of law.
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.
Any rolling or nonrolling basket or container and any part
or parts thereof generally used in a retail establishment by a customer
for the purpose of transporting goods of any kind.
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.
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 and the owner notifies the public of the procedure to
be utilized for authorized removal of the cart from the premises;
notifies the public that the unauthorized removal of the cart from
the premises or parking area of the retail establishment, or the unauthorized
possession of the cart, is a violation of law; and lists a valid telephone
number or address for returning the cart removed from the premises
or parking area to the owner or retailer.
A.
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.
B.
Unlawful acts.
(1)
It is unlawful for any person to do any of the following acts, if a shopping cart or laundry cart has a permanently affixed sign as provided for in § 111-2 herein:
(a)
To remove a shopping cart or laundry cart from the premises
or parking area of a retail establishment with the intent to temporarily
or permanently deprive the owner or retailer of possession of the
cart.
(b)
To be in possession of any shopping cart or laundry cart that
has been removed from the premises or the parking area of a retail
establishment, with the intent to temporarily or permanently deprive
the owner or retailer of possession of the cart.
(c)
To be in possession of any shopping cart or laundry cart with
identifying information removed, obliterated, or altered, with the
intent to temporarily or permanently deprive the owner or retailer
of possession of the cart.
(d)
To leave or abandon a shopping cart or laundry cart at a location
other than the premises or parking area of the retail establishment
with the intent to temporarily or permanently deprive the owner or
retailer of possession of the cart.
(e)
To alter, convert, or tamper with a shopping cart or laundry
cart, or to remove any part or portion thereof or to remove, obliterate
or alter serial numbers on a cart, with the intent to temporarily
or permanently deprive the owner or retailer of possession of the
cart.
(f)
To be in possession of any shopping cart or laundry cart while
that cart is not located on the premises or parking lot of a retail
establishment, with the intent to temporarily or permanently deprive
the owner or retailer of possession of the cart.
(2)
The provisions of this section are not intended to preclude the application
of any other laws relating to prosecution for theft.
C.
This chapter shall not apply to the owner of a shopping cart or laundry
cart or to a retailer, or to their agents or employees, or to a customer
of a retail establishment who has written consent from the owner of
a shopping cart or laundry cart or a retailer to be in possession
of the shopping cart or laundry cart or to remove the shopping cart
or laundry cart from the premises or the parking area of the retail
establishment, or to do any of the acts specified herein.
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.
A.
Whenever the Village 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,
and first class regular mail 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 may be redeemed by
the owner thereof any time prior to disposal by the Village by tendering
to the office of the Superintendent of Public Works, during regular
business hours at his office, the sum of $5 for each cart plus the
sum of $1 for each day or part thereof that the said property is held
by the Village after the owner has been duly notified by certified
mail.
C.
The Superintendent 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 Superintendent 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 same.
A.
The Superintendent of Public Works may dispose of all articles of
personal property held by the Village pursuant to this chapter 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
the official newspaper of the Village and by posting 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 the property or part thereof remains unsold at the public
auction, the Superintendent 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.