[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.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, Art. II.
For the purpose of this chapter, certain words are defined as follows:
PERSON
Includes natural persons, corporations, partnerships, associations, firms, societies and all other organizations or entities.
PUBLIC PLACE
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.
In addition to the penalties provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of this Code, any fees for redemption of impounded property or costs of sale shall be chargeable to an owner or person entitled to possession of impounded property, as provided herein.
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Editor's Note: Amended during codification; see Ch. 1, General Provisions, Art. III.