Unless otherwise stated, the words and expressions
used in this chapter shall have meanings as follows:
PERSON
A natural person of either sex, corporation, partnerships,
associations, joint-stock companies, societies and all other entities
capable of being sued.
SHOPPING CART or WAGON
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.
STREET
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:
A. Beyond the immediate parking lot or area of the store;
B. Into the limits of the Village of New Paltz; and
C. Along any street of the Village of New Paltz.
[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.
[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.