[HISTORY: Derived from Ch. 65, Arts. V and
VII, of the 1978 Code of the Village of New Paltz. Amendments noted
where applicable.]
Unless otherwise stated, the words and expressions
used in this chapter shall have meanings as follows:
A natural person of either sex, corporation, partnerships,
associations, joint-stock companies, societies and all other entities
capable of being sued.
Any cart, basket, container or other device made of wire,
metal or other material, mounted on wheels, manually operated and
used generally for the conveyance of goods, wares, merchandise or
other property.
A street, avenue, road, alley, public passageway, lane, highway,
concourse, driveway, culvert, crosswalk and sidewalk, and every class
of road, square and municipal or private parking field used by the
general public.
Every person who owns or makes available to
the public in connection with the conduct of business and trade any
shopping cart or wagon shall mark or cause the same to be marked and
identified conspicuously with the name of the owner.
It shall be unlawful for any person, his agent
or employee to take or remove any shopping cart:
[Amended 10-22-2014 by L.L. No. 13-2014]
Any person who violates any provisions of § 166-3 of this chapter shall be liable to and pay a penalty as set annually by resolution of the Board of Trustees for each violation. The removal or possession of each shopping cart shall constitute a separate violation.
It shall be unlawful for any person, his agent
or employee to leave or to suffer or permit to be left unattended
any shopping cart or wagon, either owned by the person or in such
person's possession, custody or control, upon any street, sidewalk,
parking field, public park or public place within the Village of New
Paltz or upon the property of another without the consent of the owner
of the property.
The Superintendent of Public Works of the Village
of New Paltz is hereby authorized to seize and remove or cause to
be removed any abandoned shopping cart within the Village, from any
public place or from such property of another without notice, and
shall take or cause the same to be taken to a facility within the
Village for redemption or disposition as hereinafter provided. The
Superintendent of Public Works is authorized to call upon other Village
agencies or departments to assist in enforcement of this section.
A.
Notification. Whenever the Superintendent of Public
Works shall take possession of any shopping cart or wagon as herein
specified, and such shopping cart or wagon contains identification
of ownership, a notice shall be sent by ordinary mail to the local
mailing address and to the principal place of business or corporate
headquarters of such person purported to be the owner of the cart
or wagon advising that such property is held by the Village Clerk
and advising the amount necessary to redeem.
B.
Procedure; costs; immunity of Village. Any shopping cart or wagon
may be redeemed by the owner thereof at any time prior to the sale,
dismantling, destruction or disposal thereof upon tendering the sum
as set annually by resolution of the Board of Trustees for each cart
to the Village Clerk. In addition, the person seeking to redeem shall
be required to pay the cost of advertising the sale thereof, if any.
No property shall be delivered to a person seeking to redeem the same
unless proof establishing to the satisfaction of the Village Clerk
such person's ownership is submitted. Any delivery to a person
apparently entitled thereto shall be a good defense to the Village
against any other person claiming to be entitled thereto, but if the
person to whom delivery is made is in fact not entitled thereto, the
person to whom the same ought to have been delivered may recover the
same, with interest and costs, from the person to whom the same shall
have been delivered.
[Amended 10-22-2014 by L.L. No. 13-2014]
A.
Public notice; conduct of sale. Where any shopping
cart or wagon remains in the custody of the Village Clerk for a period
of 15 days after removal and no person has redeemed the same and presented
to the Village Clerk proof of establishing to his satisfaction such
person's ownership thereof, the Village Clerk shall publish a notice
once in the official newspaper of the Village, advising that at a
specified place and time not less than five days after such notice
is published, such property will be sold at public auction for the
best price that can be obtained in excess of the redemption fee, costs
of publication and other expenses of the Village Clerk for conducting
the sale. Such sale shall be conducted by the Village Clerk or by
an auctioneer designated by him.
B.
Resale or other disposition: immunity of Village.
In the event that such property shall remain unsold at public auction,
the Village Clerk may re-offer said property for sale at a subsequent
public auction held pursuant to this chapter, or he may dismantle,
destroy or otherwise dispose of the 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 therein or having an interest therein.
C.
Disposition of proceeds. All proceeds received from
the redemption and/or sale of abandoned shopping carts or wagons pursuant
to this chapter shall be deposited to the general fund of the Village.
[Amended 10-22-2014 by L.L. No. 13-2014]
Except as otherwise provided, any violation of any provision
of this chapter shall constitute a violation pursuant to the Penal
Law; provided, however, that in no case shall the fine imposed exceed
that which is set annually by resolution of the Board of Trustees.
