[HISTORY: Adopted by the Common Council of the City of Ithaca 2-6-1985 by Ord. No. 85-2 (Ch. 65, Art. IX, of the 1975 Municipal Code). Amendments noted where applicable.]
Unless otherwise stated, the words and expressions used in this chapter shall have meanings as follows:
- Natural persons of either sex, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
- PUBLIC PLACE
- A street, avenue, road, alley, public passageway, land, highway, concourse, driveway, culvert, crosswalk and sidewalk, pedestrian mall and every class of road, square and municipal or private parking field used by the general public.
- SHOPPING CART
- Any cart, basket, container or other device made of wire, metal, plastic or other material, mounted on wheels, manually operated and identified as required herein, such as is generally provided by merchants for the conveyance of merchandise, foodstuffs and other property to automobiles and other places.
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 the name of the owner. Such identification shall be in the form of metal tags securely fastened to the cart or a cutting or stamping on the frame of the cart or other means for permanently identifying the owner of the cart.
It shall be unlawful for any person or his/her agent or employee to take, remove or possess any shopping cart beyond the premises of the identified owner of the shopping cart without the express permission of the identified owner.
Any person who violates any provision of § 268-3 of this chapter shall be liable for and pay a penalty of $10 for the first such violation and no less than $25 nor more than $50 for each subsequent violation. Each removal of a shopping cart shall constitute a separate violation.
It shall be unlawful for any person or his/her agent or employee to leave or to suffer or permit to be left unattended any shopping cart, either owned by the person or in such person's possession, custody or control, at any public place within the City of Ithaca or upon the property of another without the consent of the owner of the property.
The Superintendent of Public Works of the City of Ithaca is hereby authorized to seize and remove or cause to be removed any abandoned shopping cart within the city from any public place without notice and from any private premises with the consent of the owner of the premises and shall take or cause the same to be taken to a facility within the city for redemption or disposition as hereinafter provided. The Superintendent of Public Works is authorized to call upon other city agencies or departments to assist in enforcement of this section.
Notification. Whenever the Superintendent of Public Works shall take possession of any shopping cart as herein specified and such shopping cart contains identification of ownership, a notice shall be sent by ordinary mail to the address of such person purported to be the owner of the cart as designated on the cart advising that such property is held by the city and advising the amount necessary to redeem said cart. If the shopping cart does not contain identification of ownership as required herein, then the same shall be disposed of in the same manner as unclaimed property, as set forth below.
Procedure; costs; immunity of city. Any shopping cart may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof upon tendering the sum of $5 for each cart to the Superintendent of Public Works. In addition, the person seeking to redeem the same 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 Superintendent of Public Works, such person's ownership is submitted. Any delivery to a person apparently entitled thereto shall be a good defense to the city 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.
Public notice; conduct of sale. Where any shopping cart remains in the custody of the Superintendent of Public Works for a period of 15 days after the mailing of notification as aforesaid and no person has redeemed the same and presented to the Superintendent of Public Works proof establishing to his/her satisfaction such person's ownership thereof, the Superintendent of Public Works shall publish a notice once in the official newspaper of the city 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 city for conducting the sale. Such sale shall be conducted by the Superintendent of Public Works or his/her designee.
In the event that any shopping cart is sold at public auction to any person other than the person who is identified on the shopping cart as the owner thereof, the city shall mark the cart so indicating and deliver to the buyer proof of such purchase.
Resale or other disposition; immunity of city. In the event that such property shall remain unsold at public auction, the Superintendent of Public Works may reoffer said property for sale at a subsequent public auction held pursuant to this chapter, or he/she 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 city to the owner of such property or other person lawfully entitled thereto or having an interest therein.
Disposition of proceeds. All proceeds received from the redemption and/or sale of abandoned shopping carts pursuant to this chapter shall be deposited to the general fund of the city.