[HISTORY: Adopted by the City Council of the City of Orange 10-7-69 by Ord. No. 128-69. Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
CHIEF OF POLICE
The Chief of Police of the city and his duly designated agents.
HANDCART VEHICLES
Includes all wheeled carts propelled by human power which are commonly used as a means of conveyance for food, merchandise, goods and chattels.
OWNER
Every person who uses a handcart vehicle or who permits or suffers a handcart vehicle under his control to be used by others.
STREET
Any public street, avenue, road, alley, lane, highway, boulevard, driveway, sidewalk, crosswalk and every class of road, square, place or municipal parking lot used by the public.
It shall be unlawful for any person, his agent or employee to leave or abandon or suffer or permit to be left or abandoned any handcart vehicle owned by him, or in his possession, custody or control, upon any street in this city.
An identification tag containing the name of the owner shall be permanently secured to each handcart vehicle, and the name and address of the owner shall be filed with the Chief of Police.
The Chief of Police shall remove or cause to be removed any handcart vehicle found unattended or abandoned upon any street and shall take and impound the same, or cause the same to be taken and impounded, and shall thereafter dispose of the same as hereinafter provided.
Whenever the Chief of Police shall take and impound or cause to be taken and impounded any handcart vehicle, he shall send or cause to be sent a notice by ordinary mail to such owner, if there is identification of the owner on the vehicle and he has filed his name and address as provided in § 178-3, advising that such property is held by the Chief of Police and advising the amount necessary to redeem the same. If the same is not redeemed within five (5) days after the date of mailing of the aforesaid notice, or within five (5) days after the same has been taken and impounded, where there is no identification of the owner on the vehicle and the owner has not filed his name and address as provided in § 178-3, the Chief of Police shall, after one (1) month from the date on which the vehicle was taken and impounded, sell the vehicle or cause the same to be sold at public auction as provided by law. The five-day periods shall be exclusive of Sundays and legal holidays.
[Amended 5-18-1982 by Ord. No. 16-82]
Such handcart vehicle may be redeemed within five (5) days after mailing of the notice as set forth in § 178-5 upon payment as provided in Chapter 88, Fees, to the Chief of Police. If the handcart vehicle is not redeemed within five (5) days, it may be redeemed thereafter prior to the disposal thereof by public sale as provided for in § 178-5 or by disposal thereof as set forth in § 178-7, upon the owner's paying to the Chief of Police the sum as provided in Chapter 88, Fees, per day for each day that such handcart vehicle has been impounded in excess of the aforesaid five (5) days plus the cost of advertising such public sale. The owner, upon redemption, shall establish proof of ownership satisfactory to the Chief of Police.