As used in this chapter, the following terms shall have the meanings
indicated:
PERSON
Includes natural persons, corporations, partnerships, associations
and all other parties capable of being sued.
PUBLIC PLACE
Includes a public street, municipal parking field, and any culvert,
crosswalk, square, or other place, used to any degree by the general public.
[Amended 2-4-2003 by L.L. No. 2-2003]
It shall be unlawful for any person, his agent or employee to leave
or to suffer or permit to be left any vehicle, cart, shopping cart, wagon,
box, barrel, bale of merchandise or other movable object of any description
whatsoever, either owned by him or in his possession, custody or control,
upon any public place.
The Superintendent of Highways of the Village shall remove or cause
to be removed any such property found upon any public place and shall take
same or cause same to be taken to property or premises of the Village where
same shall be held until redeemed or sold, as hereinafter provided.
[Amended 9-7-1976 by L.L. No. 5-1976]
Whenever the Superintendent of Highways shall take and hold any property
containing identification of ownership or right to possession, a notice shall
be sent by certified mail to such person, advising that such property is held
by the Superintendent of Highways and advising the amount necessary to redeem
such property.
[Amended 7-7-1987 by L.L. No. 12-1987; 12-16-2003
by L.L. No. 17-2003]
Such property may be redeemed by the owner thereof at any time prior
to the sale, dismantling, or disposal thereof by tendering to the Village
Clerk such amount as shall be prescribed from time to time by the Board of
Trustees. In addition, the person seeking to redeem shall be required to pay
the cost of advertising the sale of such property, if any. The Village Clerk
shall require from the person seeking redemption satisfactory proof of ownership
or right to possession of the property sought to be returned. Any return of
property by the Clerk to a person pursuant hereto shall be an absolute defense
to the Village against any other person claiming to be entitled thereto.
When any such property remains in the custody of the Superintendent
of Highways for a period of 15 days after removal, the Village Clerk shall
give public notice of at least five days, that at a specified time and place
such property shall be sold at public auction. A general description in such
notice of the property to be sold shall be sufficient. Said sale shall be
conducted by the Clerk or by any other person designated by the Board of Trustees.
In the event that said property shall remain unsold at public auction,
the Village Clerk may reoffer said property for sale at a subsequent public
auction held pursuant to this chapter, or he may dismantle or otherwise sell
or dispose of such property. Any such sale or other disposition of such property
pursuant to this chapter shall be without liability on the part of the Village
to the owner of such property or other person lawfully entitled thereto or
having an interest therein.
[Amended 9-7-1976 by L.L. No. 5-1976]
In addition to the penalties provided in Chapter
1, General Provisions, Article
II, any fees for redemption of impounded property or costs of sale shall be chargeable to an owner or person entitled to possession of impounded property, as provided herein.