[Ord. of 7-1-1963, § 1]
As used in this Article, the following terms shall have the
meanings respectively ascribed:
Any street, highway, sidewalk, municipal parking area, bridge,
stream or municipally owned property of any description.
Any hand-drawn or propelled vehicle or wheeled container
such as is generally provided by merchants for carting or carrying
merchandise or foodstuffs within places of business or to vehicles
and other places, hereinafter referred to as a "cart."
[Ord. of 7-1-1963, § 4]
Every person who, in connection with the conduct of a food-dispensing
or other establishment or business, owns or makes any cart available
to the public 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 a metal tag securely fastened to the cart
or by a cutting or stamping on the frame of the cart.
[Ord. of 7-1-1963, § 2]
It shall be unlawful for any person to remove a cart or suffer
or permit such removal of a cart from the property of any food-dispensing
or other establishment or business, except to convey the same to an
adjoining private parking lot or sidewalk area immediately in front
of or contiguous to such establishment or business.
[Ord. of 7-1-1963, § 3]
It shall be unlawful for any person, his agent or employee,
to leave or suffer or permit to be left in any public place any cart
owned by him or in his possession, custody or control.
[Ord. of 7-1-1963, § 5]
The Superintendent of Public Works of the City shall remove
or cause to be removed any cart found upon any public place and shall
hold the same until redeemed, sold or otherwise disposed of as hereinafter
provided.
[Ord. of 7-1-1963, § 8]
No cart shall be delivered to a person seeking to redeem the same in accordance with Sections 14-35 or 14-36 unless proof is submitted establishing, to the satisfaction of the city, such person's ownership or right to possession. Any delivery to a person deemed entitled thereto by the city from the proof submitted shall be an absolute defense of the city against any other person claiming to be entitled thereto.
[Ord. of 7-1-1963, § 6; Ord. of 3-2-1964]
Whenever the city shall remove any cart bearing identification
of ownership, the Superintendent of Public Works shall mail a notice
to the owner at the address shown on the identification tag, cut or
stamp. Such notice shall advise that such cart may be redeemed upon
payment to the department of finance of the sum of $2 for each cart
so redeemed and shall set forth the place for the redemption of such
cart or where possession of the same may be procured. Payment for
redemption shall be made to the Department of Finance and a receipt
shall be given therefor, which receipt shall entitle such owner to
redeem, at the place of storage thereof, one or more carts, as provided
for in said receipt, upon surrender of the same at the place of storage
thereof.
[Ord. of 7-1-1963, § 7; Ord. of 3-2-1964]
After the mailing of the notice provided for in Section 14-35 or after removal of a cart bearing no identification of ownership, the city shall, from time to time, sell such carts at public auction. Notice of such public auction shall be given by publication in the official newspaper of the city by publication at least once, the first date of publication to be not less than 10 days prior to the date of public auction, and shall set forth the time and place of holding such public auction and shall advise that said carts will be sold at public auction for not less than $15 each. Any cart may be redeemed by the owner thereof at least two days prior to such public auction upon payment to the city of the sum of $2 for each cart.
[Ord. of 7-1-1963, § 9]
In the event that a cart is not sold at public auction because
of lack of a buyer, the city may offer the same again for sale at
public auction or may dismantle or destroy or otherwise dispose thereof.
[Ord. of 7-1-1963, § 9]
Any disposition of a shopping cart made pursuant to this Article
shall be without any liability of the city to any person lawfully
entitled thereto or having any interest therein.
[Ord. of 7-1-1963, § 10]
Upon redemption or sale of a shopping cart the proceeds shall
be deposited in the general funds of the city.
[Ord. of 7-1-1963, § 11]
This Article shall not apply to any cart or personal property
which may come into the possession or custody of any department of
the city pursuant to any other ordinance, law or regulation.
