[HISTORY: Adopted by the Council of the City of Mount Vernon 2-23-1967, approved 2-24-1967. Amendments noted where applicable.]
The following words as used in this chapter shall have the following meanings:
CITY
The City of Mount Vernon.
PERSON
Includes a person of either sex, a corporation, partnership, association, joint-stock company, societies and other entities capable of being sued.
PUBLIC PLACE
Includes a street, sidewalk, avenue, road, alley, lane, highway, roadway, concourse, driveway, culvert, crosswalk, every class of road, square, place and municipal parking lot.
SHOPPING CART
A hand-drawn or -propelled vehicle or wheeled container made of wire, metal, wood or other material, such as is generally provided by merchants for carting or carrying merchandise or food stuffs to automobiles or other places, hereinafter referred to as cart.
No person shall remove a shopping cart, as defined herein, or suffer or permit such removal from the property of any food-dispensing or other establishment or business, except to convey the same to an adjoining private parking lot or a sidewalk area immediately in front of or contiguous to such food-dispensing or other establishment or business, and except that the owners of such food-dispensing or other establishments or businesses may move or cause to be moved shopping carts, in bulk, from one store to another store or to another location.
Every person who, in connection with the conduct of a food-dispensing or other establishment or business, owns or makes any shopping cart available to the public shall make or cause the same to be marked and identified conspicuously with the name and address of the owner. Such identification shall be in the form of a tag or label securely fastened to the shopping cart or a cutting or stamping on the frame of the shopping cart.
The Commissioner of Public Works of the City shall remove or cause to be removed, from time to time, any shopping cart found upon any public place and shall take the same to City property, where it shall be held until redeemed, sold or otherwise disposed of as hereinafter provided.
Whenever the City shall remove any shopping cart bearing identification of ownership, the Commissioner of Public Works shall mail a notice to the owner at the address shown on the identification tag, cut or stamp. Such notice shall advise that such shopping cart or carts may be redeemed upon payment to the City of Mount Vernon of the sum of $10 for each shopping cart so redeemed and shall set forth the place for the redemption of such shopping cart or carts or where possession of the same may be procured. Payment for redemption shall be made to the Department of Finance, and a receipt shall be given therefor, which receipt shall entitle such owner to redeem, at the place of storage thereof, one or more shopping carts, as provided for in said receipt, upon surrender of the same at the place of storage of such shopping cart or carts. No shopping cart shall be delivered to a person seeking to redeem the same unless proof is submitted establishing, to the satisfaction of the City, such person's ownership or right to possession. Any delivery to a person deemed entitled thereto by the City, from the proof submitted, shall be an absolute defense of the City against any other person claiming to be entitled thereto.
At least 10 days after the mailing of the notice provided for in § 219-6 hereof and such shopping cart or carts not having been redeemed or after removal of a shopping cart bearing no identification of ownership, the City shall, from time to time, sell such shopping carts at public auction. Notice of such public auction shall be given by publication in the official newspaper of the City by publication at least once, the first date of publication to be not less than 10 days prior to the date of public auction and shall set forth the time and place of holding such public auction and shall also advise that said shopping carts will be sold at public auction for not less than $15 each. Any shopping cart or carts may be redeemed by the owner thereof at least two days prior to such public auction upon payment to the City of the sum of $10 for each shopping cart. No shopping cart shall be delivered to a person seeking to redeem the same unless proof is submitted establishing, to the satisfaction of the City, such person's ownership or right to possession. Any delivery to a person deemed entitled thereto by the City, from the proof submitted, shall be an absolute defense of the City against any other person claiming to be entitled thereto. Such sale at public auction shall be conducted by the Commissioner of Public Works or such other person as he shall designate.
If said shopping cart or carts are not sold at public auction, the City may similarly offer the same again for sale at public auction or may dismantle or destroy or otherwise dispose of such shopping cart or carts. Any disposition of such shopping cart or carts made pursuant to this chapter shall be without any liability on behalf of the City or to any person lawfully entitled thereto or having any interest therein.
This chapter shall not apply to any shopping cart or personal property which may come into the possession or custody of any department of the City pursuant to any other ordinance, law or regulation.
Any person who shall violate the provisions of this chapter shall be guilty of an offense and shall, upon conviction thereof, be punished by a fine not exceeding $15 or imprisonment for a term not exceeding 15 days, or both fine and imprisonment for the first offense; and by a fine not exceeding $30 or imprisonment for a term not exceeding 30 days, or both such fine and imprisonment for each subsequent offense.