[HISTORY: Adopted by the Board of Trustees of the Village of Garden
City 10-5-1967 as Ord. No. 1.12 of the
Revised Unified Code of Ordinances, amended in its entirety 10-5-1978
by L.L. No. 6-1978. Section 170-8 amended during codification;
see Ch. 1, General Provisions, Art. III. Other amendments noted where applicable.]
For the purpose of this chapter, certain words are defined as follows:
Includes natural persons, corporations, partnerships, associations,
firms, societies and all other organizations or entities.
Includes a street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert, crosswalk, every class of road, square, place
and municipal parking field used by or set aside for the general public.
It shall be unlawful for any person, his agent or employee to leave
or to suffer or permit to be left any cart, shopping cart, wagon or other
similar movable vehicle or device of any description whatsoever, either owned
by him or in his possession, custody or control, upon any public place.
The Director of Public Works of the village shall remove or cause to
be removed any such property found upon any public place and shall take same
or cause same to be taken to property or premises of the village where same
shall be held until redeemed or sold, as hereinafter provided.
Whenever the Director of Public Works shall take and hold any property
containing identification of ownership or right to possession, a notice shall
be sent by mail or delivered to such person, advising that such property is
held by the Director of Public Works and advising the amount necessary to
redeem such property.
The Village Clerk may sell at public auction any such property which
remains in the custody of the Director of Public Works for a period of 15
or more days after removal. The Village Clerk shall cause notice of public
auction to be given by posting such notice in at least five conspicuous places
in the village at least three days prior to such public auction. Such notice
shall contain the time and place of the public auction and a general description
of the property to be sold. The public auction shall be conducted by the Village
Clerk or his designee.
Such property may be redeemed by the owner or custodian thereof at any
time prior to the sale thereof or the dismantling or otherwise disposal thereof,
by tendering to the Clerk of the village, at his office during regular business
hours, the sum of $10 per cart, shopping cart, wagon or other similar movable
vehicle or device, plus the sum of $1 per day for each day or part thereof
over two that each such item of property is held by the Director of Public
Works. In addition, the person seeking to redeem shall be required to pay
the pro rata cost of advertising the sale of such property, if any. Any return
of property by the Clerk to a person pursuant hereto shall be an absolute
defense to the village against any other person claiming to be entitled thereto.
In the event that said property shall remain unsold at public auction,
the Village Clerk may reoffer said property for sale at a subsequent public
auction held pursuant to this chapter or he may dismantle or otherwise sell
or dispose of such property. Any such sale or other disposition of such property
pursuant to this chapter shall be without liability on the part of the village
to the owner of such property or other person lawfully entitled thereto or
having an interest therein.
