[HISTORY: Adopted by the Board of Trustees of the Village of East Hampton 11-15-1985 by L.L. No. 7-1985 (Ch. 47 of the 1971 Code). Amendments noted where applicable.]
The Village Board of the Village of East Hampton hereby finds and declares that the unlawful taking, the misuse and the abandonment of shopping carts and similar conveyances is a threat to the protection and preservation of the property of the Village and its inhabitants, constitutes a hazard to the health, safety and general welfare of the populace of the Village and adversely affects the legitimate conduct of trade and business in the Village of East Hampton and constitutes a nuisance detrimental to the neighborhood and the community at large.
As used in this chapter, the following terms shall have the meanings indicated:
- The leaving, discarding, dumping or placing of shopping carts and similar conveyances in a public place.
- An individual, corporation, partnership, association, society or other legal entity.
- PUBLIC PLACE
- Every class of road, sidewalk, parking lot and other areas publicly owned or operated or privately owned and open to the use of the public or a segment thereof, excluding the interior of any building where a shopping cart was obtained.
- SHOPPING CART
- A basket, container or other device made of wire, metal or other material, mounted on wheels or handcarried, manually or otherwise operated, such as is generally provided by merchants for picking up merchandise in food stores and supermarkets.
- All areas within the Village of East Hampton.
No person who makes available to the public, in connection with the conduct of business or trade, any shopping cart shall leave it or suffer or permit it to be left, by himself, his agent or other person to whom temporary possession has been permitted by said person, upon any street, sidewalk, parking field or other public place, as defined herein, or on private property other than in the interior of the building of the person who makes the shopping cart(s) available to the public.
Every person who owns or makes available to the public, in connection with the conduct of business and trade, any shopping cart shall mark it or cause the same to be marked and identified conspicuously with his name and address and the specific store location at which said cart is used.
The Superintendent of Public Works or such other person whom the Village Board by resolution may appoint may, without notice, remove or cause to be removed, from time to time, any cart found in any public place and shall take custody of same and shall hold it until redeemed, sold or otherwise disposed of as hereinafter provided.
Whenever the Village shall remove any cart bearing identification of ownership, the Superintendent of Public Works or such person whom the Village Board by resolution may appoint shall mail a notice to the owner if ownership can be ascertained. Such notice shall advise that such cart or carts may be redeemed upon payment of the sum of which shall, from time to time, be fixed by resolution of the Board of Trustees, for each cart so redeemed and shall set forth the place for the redemption of such cart or carts or where possession of same may be obtained. Payment for redemption shall be made and a receipt shall be given therefor, which receipt shall entitle such owner to redeem, at the place of storage thereof, one or more carts, as provided for in said receipt, upon surrender of such receipt at the place of storage for such cart or carts. No cart shall be delivered to a person seeking to redeem the same unless proof is submitted establishing, to the satisfaction of the Village, such person's ownership or right to possession. 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 the delivery is made is not in fact entitled thereto, the person to whom the same should have been delivered may recover the same with interest and cost from the person to whom the same shall have been delivered.
[Amended 6-20-2014 by L.L. No. 7-2014]
If, after 15 days following the mailing of the notice provided for in Subsection B hereof or 15 days following the removal of a cart bearing no identification of ownership, no person has presented to the Superintendent of Public Works, or such person as may be designated by resolution of the Village Board, proof establishing to his satisfaction such person's ownership, the Village shall sell such carts at public auction. Notice of such public auction shall be given by publication in the official newspaper of the Village, by publication to be not less than 10 days prior to the date of public auction, and shall set forth the time and place of holding such public auction and shall also advise that said carts will be sold at public auction. Such sale at public auction shall be conducted by the Superintendent of Public Works or such person as may be designated by resolution of the Village Board.
In the event that said property shall remain unsold at such public auction, the Superintendent of Public Works, or such person as may be designated by resolution of the Village Board, may reoffer said property for sale at a subsequent public auction held pursuant to this chapter or he may dismantle, destroy or otherwise dispose of this property. Any such sale or other disposition of such property pursuant to this chapter shall be without any liability on the part of the Village to the owner of such property or other person lawfully entitled thereto or having any interest therein.
Upon the redemption or sale of a cart, the proceeds shall be deposited in the general funds of the Village.
This chapter shall not apply to any cart or personal property which may come into the possession or custody of any department of the Village pursuant to any other ordinance, law or regulation.
Any person who shall violate any of the provisions of this chapter shall, for each and every offense, be deemed guilty of a violation and shall, upon conviction thereof, be punishable by a fine not exceeding $250.