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Village of Port Chester, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Port Chester 10-1-2018 by L.L. No. 9-2018. Amendments noted where applicable.]
The terms used in this chapter shall have the following meanings:
ABANDONMENT
The result of leaving, desertion or relinquishment of possession and control of a shopping cart on property other than on the premises or parking area as those terms are defined herein.
ESTABLISHMENT
A business located in the Village which offers or provides a minimum number of 25 shopping carts for the use of customers of such business regardless as to whether such business is advertised or operated as a retail or wholesale business and regardless as to whether it is open to the general public, a private business or a membership store.
OWNER
Any person or entity, in connection with the function of a business, who owns, leases, possesses or makes shopping carts available to the public.
PARKING AREA
The parking lot or other area property provided by or afforded an establishment for the use of patrons of such establishment for the parking of motor vehicles.
PREMISES
Any building, property or other area upon which any establishment is conducted in the Village, including the parking area.
SHOPPING CART
Any device, whether drawn by hand, propelled vehicle or wheeled container, that is provided to patrons for the carrying of merchandise.
A. 
Every establishment shall provide the Village with current contact information, including mailing address, telephone number and e-mail address, so that the Village may notify it of any shopping cart found off the premises and the requirement to redeem same.
B. 
Every establishment shall conspicuously post a sign at the front entrance/exit that notifies customers that removal of shopping carts from the premises is prohibited by law.
C. 
Within 90 days of the effective date of this chapter, every establishment shall cause its shopping carts to be conspicuously marked and identified with the name and/or company logo of the establishment.
D. 
Within 90 days of the effective date of this chapter, every establishment shall take means to prevent removal of shopping carts from the premises such as, but not limited to, patrolling the premises, installing wheel locks, utilizing a lock mechanism and coin deposit or a perimeter locking device system.
A. 
The Village is authorized to remove or cause to be removed any shopping cart found on the streets, sidewalks or public right-of-way and to impound same until redeemed and otherwise disposed in accordance with the provisions of this chapter.
B. 
Thereafter, the Village shall notify the establishment with regard to a shopping cart so located stating that such shopping cart has been impounded, that it may be redeemed upon payment to the Village of Port Chester of an administrative fee in the amount of $35 for each cart with the times and place of redemption, and, if not so redeemed within five business days, that such shopping cart will be subject to forfeiture and disposition by the Village. Such notification shall be by regular first-class United States mail and e-mail (if applicable).
Shopping carts that do not contain any identification shall be subject to summary disposition by the Village without notice.
The Department of Public Works is authorized to dispose of shopping carts under this chapter in any manner that the Village Manager deems appropriate.
A. 
Any person in violation of this chapter shall be subject to a fine in an amount of not less than $250 nor exceeding $750, or imprisonment not greater than 15 days, or both. For purposes of this section, each shopping cart found in violation of this chapter shall constitute a separate offense.
B. 
In addition, the Board of Trustees hereby authorizes the Village Attorney to commence a civil proceeding seeking relief in an amount not less than $250 nor exceeding $750. For purposes of this section, each shopping cart found in violation of this chapter shall constitute a separate and distinct cause of action.
C. 
The Board of Trustees also authorizes the Village Attorney to commence an action or proceeding in a court of competent jurisdiction to enjoin a violation of this chapter.