[HISTORY: Adopted by the Council of the City
of Rye 5-2-1962 by Ord. No. 5-1962 as Art. 6 of Ch. 5 of the General
Ordinances. Amendments noted where applicable.]
Unless otherwise expressly provided, the following
words shall have the meanings set forth herein:
Includes any cart, basket, container or other device made
of wire, metal, wood or other material, mounted on wheels, manually
operated and used generally for carting or carrying merchandise or
other property.
The City of Rye.
Includes a natural person of either sex, corporation, partnership,
association, joint-stock company, society and any other entity capable
of being sued.
Includes a street, avenue, road, highway, alley, lane, concourse,
driveway, culvert, bridge, mall, sidewalk, crosswalk, park, square
and municipal parking area.
Every person who owns or makes available to
the public in connection with the conduct of business or trade any
cart shall mark 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 metal tag securely fastened to the cart or a cutting
or stamping on the frame of the cart.
It shall be unlawful for any person, his agent
or employee to leave or suffer or permit to be left unattended any
cart, either owned by him or in his possession, custody or control,
upon any public place.
The Chief of Police of the City shall remove
or cause to be removed any cart found upon any public place and shall
take the same or cause same to be taken to property of the City where
it shall be held until redeemed, sold or otherwise disposed of as
hereinafter provided.
Whenever the Chief of Police shall take possession
of any cart containing identification of ownership, a notice shall
be sent by ordinary mail to such person advising him that such cart
is held by the Chief of Police and that said cart may be redeemed
upon payment of $5 to the Chief of Police.
The cart may be redeemed by the owner thereof
at any time prior to the sale, dismantling, destruction or disposal
thereof, and he shall be entitled to receive such cart upon payment
of the sum of $5. In addition, the person seeking to redeem shall
be required to pay the cost of advertising the sale thereof, if any.
No cart shall be delivered to the person seeking to redeem unless
proof is submitted establishing, to the satisfaction of the Chief
of Police, such person's ownership or right to possession. Any delivery
to a person apparently entitled thereto shall be a good defense to
the City against any other person claiming to be entitled thereto.
When any cart remains in the custody of the
Chief of Police for a period of three months after removal and with
respect to which no person has presented to the Chief of Police proof
establishing to his satisfaction such person's ownership or right
to possession, the City Clerk shall give public notice in the official
newspaper of the City that at a specified place and time, not less
than five days after such notice is published, such cart will be sold
at public auction. The said sale shall be conducted by the Chief of
Police or by any employee of his department designated by him. The
Chief of Police shall have the power to fix an upset price and other
terms and conditions of conducting the public auction, except that
the upset price shall not be in excess of the sum of $5 plus the cost
of advertising the sale of the cart.
If a cart shall remain unsold at public auction,
the Chief of Police may reoffer it again for sale at a subsequent
public auction held pursuant to this chapter or he may dismantle,
destroy or otherwise dispose of such cart. Any sale or other disposition
of such cart pursuant to this chapter shall be without any liability
on the part of the City to the owner of the cart or other person lawfully
entitled thereto or having an interest therein.
Upon redemption or sale of a cart, the Chief
of Police shall pay over to the Comptroller of the City the proceeds
thereof with an itemized statement of the costs and expenses thereof.
The Comptroller shall retain and credit the general fund of the City
with so much of the proceeds as equals the costs and expenses of such
sale, plus $5 for the cart sold or redeemed to cover the cost of removing
and storing the cart. The remainder of the money, if any, realized
from such sale shall be paid without interest to the lawful owner
thereof.
The provisions of this chapter shall not apply
to any cart which may come into the possession or custody of the Police
Department pursuant to any other ordinance, law or regulation.
