Village of Hempstead, NY Chapter 111 Shopping Carts

[HISTORY: Adopted by the Board of Trustees of the Village of Hempstead 9-4-2012 by L.L. No. 10-2012.[1] Amendments noted where applicable.]

[1] Editor's Note: This local law also superseded former Ch. 111, Shopping Carts, adopted 2-17-1981 by L.L. No. 17-1981.

§ 111-1 Definitions.

A. For the purpose of this chapter, the following definitions shall be included in the words or phrases used:

ABANDON

Includes leaving, discarding, dumping, throwing or placing of shopping carts or similar devices in public places.

LAUNDRY CART

A basket which is mounted on wheels and used in a coin-operated laundry or dry cleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them.

OWNER

The merchant or purveyor of merchandise who provides patrons with shopping carts and the person responsible for cart tag identification under the provisions of this chapter.

PARKING AREA

A parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle.

PERSON

Includes a natural person of either sex, a corporation, a partnership, association, joint-stock company, society and any other entity capable of being sued in a court of law.

PUBLIC PLACE

Any street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, thoroughfare, off-street parking area, parking field, commercial parking lot, municipal parking facility, park, parking space, sidewalk, vacant lot, plot, parcel of land and all other spaces or places available to or used by the general public.

SHOPPING CART or CART

Any rolling or nonrolling basket or container and any part or parts thereof generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.

B. Word usage. The words "or" and "and" as used herein may be construed interchangeably where such meaning is necessary to effectuate the purpose of this chapter.

§ 111-2 Identification on carts.

It shall be unlawful for any person to provide carts for patrons' use on store or business premises unless the cart has permanently affixed to it a sign, metallic tag or other means for clearly identifying the owner of the cart and the specific store location at which said cart is used and the owner notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of law; and lists a valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer.

§ 111-3 Removal; unlawful acts.

A. It shall be unlawful for any owner to suffer or permit any person to take any cart from the owner's premises or parking area and thereafter abandon, discard, leave, place, suffer or permit any cart to be left or placed in a public place.

B. Unlawful acts.

(1) It is unlawful for any person to do any of the following acts, if a shopping cart or laundry cart has a permanently affixed sign as provided for in § 111-2 herein:

(a) To remove a shopping cart or laundry cart from the premises or parking area of a retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

(b) To be in possession of any shopping cart or laundry cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

(c) To be in possession of any shopping cart or laundry cart with identifying information removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

(d) To leave or abandon a shopping cart or laundry cart at a location other than the premises or parking area of the retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

(e) To alter, convert, or tamper with a shopping cart or laundry cart, or to remove any part or portion thereof or to remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

(f) To be in possession of any shopping cart or laundry cart while that cart is not located on the premises or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

(2) The provisions of this section are not intended to preclude the application of any other laws relating to prosecution for theft.

C. This chapter shall not apply to the owner of a shopping cart or laundry cart or to a retailer, or to their agents or employees, or to a customer of a retail establishment who has written consent from the owner of a shopping cart or laundry cart or a retailer to be in possession of the shopping cart or laundry cart or to remove the shopping cart or laundry cart from the premises or the parking area of the retail establishment, or to do any of the acts specified herein.

D. In any proceeding, it may be inferred that any shopping cart or laundry cart which has a sign affixed to it pursuant to § 111-2 is the property of the person or business named in the sign and has not been abandoned by the person or business named in the sign.

§ 111-4 Impoundment.

At its discretion and in addition to any other penalty authorized pursuant to this Code, the Village is hereby authorized to seize and remove or cause to be removed any abandoned shopping cart from any public place, without notice, and shall take or cause the same to be taken to a facility for redemption or disposition as hereinafter provided.

§ 111-5 Redemption.

A. Whenever the Village removes or causes to be removed any shopping carts having identification of ownership or right of possession, notice of the removal shall be sent by certified mail, return receipt requested, and first class regular mail advising of the removal, the facility to which it was removed and the amount necessary to redeem the article.

B. Any shopping carts removed from public places may be redeemed by the owner thereof any time prior to disposal by the Village by tendering to the office of the Superintendent of Public Works, during regular business hours at his office, the sum of $5 for each cart plus the sum of $1 for each day or part thereof that the said property is held by the Village after the owner has been duly notified by certified mail.

C. The Superintendent of Public Works shall require satisfactory proof of ownership or lawful right to possession of the property sought, prior to release. Any return of property by the Superintendent of Public Works to a person claiming the same pursuant to this chapter shall be an absolute defense to the Village against any other person claiming same.

§ 111-6 Disposal by auction or sale.

A. The Superintendent of Public Works may dispose of all articles of personal property held by the Village pursuant to this chapter for a period in excess of 14 days at a public auction held pursuant to notice.

B. Public notice of the auction shall be given by publication once in the official newspaper of the Village and by posting by the Village Clerk at least five days prior to the auction and shall contain the time and place of the auction, together with a brief description of the articles offered for sale.

C. In the event the property or part thereof remains unsold at the public auction, the Superintendent of Public Works may reoffer the same for sale at another public auction or may sell or otherwise dispose of any unsold articles in any manner permitted by law. Any sale or other disposition shall be without liability on the part of the Village to the owner of the property or other person having an interest therein.