[HISTORY: Adopted by the Board of Trustees of the Village of Endicott 7-10-2006.[1] Amendments noted where applicable.]
[1]
Editor's Note: This enactment supersedes former Ch. 204, Shopping
Carts, adopted 6-10-1996 by L.L. No. 8-1996 (Ch. 183 of the 1989 Code).
The Board of Trustees finds that the unrestricted use of shopping carts
in this Village frequently results in misuse, public nuisance and hazards
to public safety. The purpose of this chapter is to provide reasonable regulations
in the public interest.
The following definitions are applicable to this chapter:
The act of leaving, deserting or giving up control and/or possession
of a shopping cart in a public place.
Any street, highway, sidewalk or other publicly owned property to
which the public or a substantial number of persons has access.
Any device, vehicle or wheeled container of the kind customarily
provided by merchants to customers for the purpose of carrying merchandise.
No person shall abandon a shopping cart in or upon any public place
within the Village of Endicott.
Any person violating any of the provisions of this chapter shall be
guilty of a violation and, upon conviction thereof of a first offense, shall
be punishable by a fine not exceeding $25 and, upon conviction thereof for
each subsequent violation, shall be punishable by a fine not exceeding $50.
Every person, firm, corporation or other entity who makes a shopping
cart available to the public shall mark said cart or cause said cart 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 by a cutting or stamping on the frame of the cart or by another
permanent marker that clearly provides the required identification.
In addition to and not in limitation of any other provision of this
chapter, it shall be unlawful for any person to remove a shopping cart or
permit the removal of a shopping cart from the property of the establishment
or business that makes said cart available, except that such a cart may be
removed to a parking area adjoining the property of said establishment or
business.
In addition to and not in limitation of any other provision of this
chapter, the Commissioner of Public Works or Code Enforcement Officer shall
have the authority to remove or cause to be removed any shopping cart found
in any public place and to hold said cart in his possession until redeemed
or otherwise disposed of in accordance with this chapter.
Whenever the Commission of Public Works or Code Enforcement Officer shall remove and hold a shopping cart as stated in § 204-7, he shall, within a reasonable time thereafter, mail a notice to the owner at the address shown on the shopping cart's identification tag or stamp. Such notice shall state that each held shopping cart may be redeemed by the owner upon payment to the Village's Treasurer the sum of $30 per cart and shall set forth the times and places where such cart or carts may be redeemed. Payment for redemption shall be made to the Village Treasurer and a receipt shall be given therefor, and said receipt shall entitle the holder to redeem said cart or carts at the place where they are held. The Village Treasurer shall have the authority to require reasonable identification to demonstrate any person's proof of ownership or right to possession.
Any shopping carts which remain unredeemed by their owner after the mailing of a notice as provided in § 204-8 and after the passing of a reasonable time thereafter may be sold by the Village at public auction. Any cart may be redeemed by the owner at any time prior to such public auction. Any unredeemed cart which fails to sell at a public auction may be destroyed or otherwise disposed by the Village.
