[Adopted 5-2-2016 by L.L.
No. 2-2016]
The Village Board of the Village of Elmsford finds and declares
that the unlawful taking, the misuse and abandonment of shopping carts
and similar conveyances constitute a threat to the protection and
preservation of the property of the Village and its inhabitants; constitute
a hazard to the health, safety and general welfare of the populace
of the Village; adversely affect the legitimate conduct of business
in the Village of Elmsford; and constitute a nuisance detrimental
to individual neighborhoods and the community at large. The purpose
of this article is to reduce the incidences of unlawful taking, misuse
and abandonment of these devices through reasonable safeguards, by
discouraging and preventing their removal from the property of the
owner and by the establishment of penalties for violations of this
article.
As used in this article, the following terms shall have the
meanings indicated:
Any cart, basket or other device, furnished by merchants
for the convenience of customers for use on the mercantile premises.
[Amended 9-6-2017 by L.L. No.
4-2017]
It shall be unlawful for any person to remove a shopping cart from any retail or mercantile premises without the express written consent of the merchant. Any person removing same shall be guilty of a violation and shall be punished as prescribed in § 291-29 hereof. Signs stating that the removal of shopping carts from the premises is a violation of the Village Code shall be posted in conspicuous places inside all retail and mercantile establishments utilizing shopping carts and outside all retail and mercantile establishments utilizing shopping carts near the exits from the property on which such establishments are located by the owner or operator of such establishments.
It shall be unlawful for any shopping cart to be left unattended in the Village, and any such shopping cart left unattended in the Village shall be deemed abandoned and is hereby declared a nuisance. Such abandoned shopping carts shall be impounded by the Village and shall be released to the owner thereof, upon proper proof of ownership, upon payment of a fee in the amount of $25 for each such cart, basket or other device impounded. Any person found leaving such shopping cart unattended in the Village shall be guilty of a violation and shall be punished as prescribed in § 291-29 hereof.
Any violation by a person, firm or corporation of this article
shall be deemed an offense punishable by a fine of not less than $100
nor more than $1,000 or imprisonment for a period not to exceed 60
days, or both.
