[Amended 4-18-2023 by L.L. No. 12-2023]
A. 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. 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.
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. 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. 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.