[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.
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.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
