[HISTORY: Adopted by the Town Board of the Town of Riverhead 5-15-2001 by L.L. No.
6-2001 (Ch. 91 of the 1976 Code). Amendments noted
where applicable.]
[Amended 4-18-2023 by L.L. No. 12-2023]
A.Â
The Town
Board of the Town of Riverhead hereby finds and declares that the
unlawful taking, the misuse and the abandonment of shopping carts
and similar conveyances is a threat to the protection and preservation
of the property of the Town and its inhabitants, constitutes a hazard
to the health, safety and general welfare of the residents of the
Town and adversely affects the legitimate conduct of trade and business
in the Town and constitutes a nuisance detrimental to the neighborhood
and the community at large.
B.Â
The Town Board further finds that since this Chapter 269 was initially enacted in 2001, technology, wireless internet systems and the application thereof has advanced such that devices for security of property, such as shopping carts, are practical, available and cost effective. The abandonment, misuse and unlawful taking of shopping carts, however, has not abated as originally intended by this Chapter 269. As such, the Town Board finds it is reasonable and proper to require retail establishments to implement technology and devices to secure shopping carts provided for use by patrons as set forth herein below.
A.Â
PERSON
PUBLIC PLACE
SHOPPING CART
TOWN
Definitions. When used in this chapter, the following terms shall
have the meanings indicated:
An individual, corporation, partnership, association, joint-stock
company, society and other legal entity.
Every class of road, sidewalk, parking lot and other area
publicly owned or operated, or privately owned and open to the use
of the public or segment thereof, excluding the interior of any building
where a shopping cart was obtained.
A basket, container or other device made of wire, metal,
plastic or other material, mounted on wheels or hand-carried, manually
or otherwise operated, such as is generally provided by merchants
for carrying merchandise or foodstuffs to automobiles or other places.
Includes all areas within the Town of Riverhead.
B.Â
Usage. Words used in the singular shall include the plural and vice
versa. The word "shall" is always mandatory.
A.Â
No person may leave or abandon a shopping cart in any public place,
as defined herein, or on private property other than the place of
the person who makes the shopping cart available to the public. No
person may take or remove any shopping cart from the place of the
person who makes the shopping cart available to the public. No person
may bring, take or propel any shopping cart onto or upon any street,
sidewalk, parking field or other public place, as defined herein,
or onto private property other than the place of the person who makes
the shopping cart available to the public.
B.Â
No person who makes available to the public, in connection with the
conduct of business or trade, any shopping cart, shall leave it or
permit it to be left by himself, his agent or other person to whom
temporary possession has been permitted by said person, upon any street,
sidewalk, parking field or other public place, as defined herein,
or on private property other than the place of the person who makes
the shopping carts available to the public.
C.Â
Nothing in this chapter shall be construed to prohibit the use of
shopping carts in any place by any person who has been given permission
to use the shopping cart available to the public. Such permission
must be written and must be produced for inspection upon request of
any police officer or Code Enforcement Officer who is authorized to
issue appearance tickets pursuant to § 150.10 of the Criminal
Procedure Law of New York State.
Every person or entity that makes any cart available to the
public shall mark or cause the same to be marked and identified conspicuously
with the person's or entity's name and address.
[Amended 4-18-2023 by L.L. No. 12-2023]
A.Â
The Superintendent of Highways of the Town shall remove or cause
to be removed from time to time any cart found in any public place
and shall take custody of same and hold it until returned as hereinafter
provided. Upon removal, the Highway Department shall complete an affidavit
indicating the date, time, location and cart bearing identification
of ownership for each cart removed and shall forward same to Code
Enforcement for prosecution. The Highway Department shall also create
and mail an invoice to the designated cart owner for the removal,
storage and return of the cart(s) at the rate of $125 per cart.
B.Â
Whenever the Town shall remove any cart bearing identification of
ownership, within 30 days, the Superintendent of Highways shall return
said cart(s) to the designated owner, and it shall be a violation
of this chapter by the designated owner if a shopping cart over which
they maintain ownership, dominion and control be found on public property,
in public rights-of-way and/or in other common areas. There shall
be a rebuttable presumption that a shopping cart bearing the name
and/or trademark of a retail store is the property of such retail
store located within the Town of Riverhead.
[Amended 4-18-2023 by L.L. No. 12-2023]
Any new application submitted to any Town department or board for the construction or conversion of any retail establishment located on Route 58, Route 25 and/or Route 25A shall require, as a condition of the approval of the application, that each shopping cart provided by the establishment be equipped with an anti-theft wheel braking mechanism or any other theft protection system. All current retail establishments located on Route 58, Route 25 and/or Route 25A shall, within three months of the adoption of this Chapter 269, equip the shopping carts provided for on-site customer use with the security device system required by this chapter.
This chapter shall not apply to any cart or personal property
that may come into the possession or custody of any department of
the Town pursuant to any other ordinance, law or regulation.
[Amended 4-18-2023 by L.L. No. 12-2023]
A violation of any of the provisions of this chapter shall,
upon conviction thereof, be punishable by a fine of not less than
$50 and not more than $1,000.
