[HISTORY: Adopted by the Board of Trustees of the Village
of Johnson City 6-18-2013 by L.L. No. 7-2013. Amendments noted where
applicable.]
The Village Board of the Village of Johnson City hereby finds
and declares that abandoned shopping carts pose a serious problem
for its residents and merchants. The unabated proliferation of abandoned
shopping carts is a physical hazard and blight upon the landscape
of our Village and costs taxpayers, merchants and homeowners substantial
monies to avoid and remove. Shopping cart abandonment is harmful to
the public and violates the welfare and general good of the citizens
and residents of the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
The act of leaving, deserting or giving up control and/or
possession of a shopping cart in a public place.
Any street, highway, sidewalk or other publicly owned property
to which the public or a substantial number of persons have access.
Any device, vehicle or wheeled container of the kind customarily
provided by merchants to customers for the purpose of carrying merchandise.
Every supermarket or business establishment operating within
the Village, or whose operations touch, border, concern or otherwise
involve the Village and/or its residents, that makes shopping carts
available to the public shall permanently mark said carts with the
name and address of the owner.
[Amended 8-6-2019 by L.L. No. 6-2019]
A.
It shall be unlawful for any person to remove a shopping cart from
the premises of the owner of such shopping cart without the written
consent of the owner or of his agent, servant or employee given at
the time of such removal. For the purpose of this section, the premises
shall include the entire parking area set aside by the owner, or on
behalf of the owner, for the parking of carts.
B.
It shall be unlawful for any person to be in possession of any shopping
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.
It shall be unlawful for any person to leave or abandon any shopping
cart on any sidewalk, right-of-way, street or other property within
the Village of Johnson City other than the property of the owner of
the shopping cart.
A.
The Director of the Public Services, or his or her designee, is hereby
authorized to remove or cause to be removed any shopping carts found
in any public area he/she determines is abandoned and to store said
cart until it is either disposed of or redeemed.
B.
Within 30 days after said removal, the Public Works Department shall
mail a notice, by first-class mail, to the owner of the cart, stating
that each cart may be redeemed by the owner at no cost within five
business days from the date of the notice or thereafter upon payment
to the Village Clerk of $30 per cart.
