[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.
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.
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.
A.Â
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.
B.Â
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]
C.Â
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.
D.Â
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.
