[Added 3-20-2000 by L.L. No. 3-2000]
As used in this article, the following words and phrases shall have the meaning or meanings indicated:
NAME or MARK
Any permanently affixed or permanently stamped name or mark which is used for the purpose of identifying the owner of shopping carts.
PERSON
A person of either sex, a corporation, partnership, association, joint-stock company or society and any other entity capable of being sued.
PUBLIC PROPERTY
Any park, square, culvert, stream, stream bed, field, woodland, lawn, parking area or lot, building, structure, entity or any other place or location owned by or under the control or supervision of the Incorporated Village of Freeport.
SHOPPING CART
A basket which is mounted on wheels, or a similar device, generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.
STREET
Any street, avenue, thoroughfare, lane, alley, path, stairway, concourse, sidewalk, curb, crosswalk, parking area or lot open to the public or used by the public within the Incorporated Village of Freeport.
SUPERINTENDENT OF BUILDINGS
The Superintendent of Buildings for the Incorporated Village of Freeport.
Every person who owns or makes available to the public, in connection with the conduct of business or trade, any shopping cart shall mark or cause the shopping cart to be marked and identified with the name of the owner.
It is unlawful to willingly or knowingly, with the intent to deprive the owner of a shopping cart or possession:
A. 
Remove a shopping cart from the premises or parking area of any retail establishment or be in possession of a shopping cart that has been removed from the premises or parking area of a retail establishment.
B. 
Alter, deface, obliterate, destroy, cover up or otherwise remove or conceal a name or mark on a shopping cart, or be in possession of any shopping cart whose name or mark has been altered, defaced, obliterated, destroyed, covered up or otherwise removed or concealed, without the consent of the owner of the shopping cart.
C. 
Be in possession of or have custody or control of any shopping cart off the premises of the owner of said shopping cart.
A. 
When any shopping cart is left unattended on any street or upon any public or private property where there is no person present who has actual physical custody or control of the shopping cart, said cart shall be deemed to have been discarded or abandoned within the meaning of this article.
B. 
The Department of Public Works of the Incorporated Village of Freeport shall impound any shopping cart which is discarded, abandoned or off the premises of the owner of same pursuant to § 155-74 or 155-75. The Police Department of the Incorporated Village of Freeport, or the Superintendent of Buildings, shall direct the Department of Public Works of the Incorporated Village of Freeport to impound any shopping cart in the possession of another in violation of § 155-74 or 155-75. The Department of Public Works of the Incorporated Village of Freeport shall deposit said shopping cart at a Village facility or a facility under the supervision of the Superintendent of Public Works.
C. 
If the owner can be ascertained, the Village shall notify the owner of the shopping cart in the possession of the Department of Public Works of the Incorporated Village of Freeport of the storage location of the shopping cart and give the owner an opportunity to pick up the shopping cart within 24 hours of the notification to the owner.
D. 
With respect to any shopping cart which has been abandoned or discarded upon any street or any public property, the owner of the shopping cart shall be deemed to have suffered or permitted the shopping cart to have been discarded or abandoned.
Any police officer or person designated by the Superintendent of Buildings may remove or cause to be removed any shopping cart abandoned or discarded on any street or public or private property and shall notify the Department of Public Works to impound the same or cause the same to be taken to property or premises of the Village, where the same shall be held until redeemed, sold or otherwise disposed of as provided in this article.
Whenever a shopping cart that has been impounded contains sufficient information with which to identify the owner or the person having the right of possession thereof, the Police Department or Department of Public Works shall notify the Village Clerk, who shall then send a notice by ordinary mail no later than the seventh day following the date of impoundment to the owner, advising such person that the shopping cart has been impounded, where the shopping cart is being stored, the amount of money and procedure necessary to redeem the shopping cart from impoundment and the date after which the shopping cart, if it has not been redeemed, can be sold at public auction pursuant to this article. If any impounded shopping cart does not contain identification sufficient to determine its owner or the person having the right of possession thereto, no such notice is required to be sent; however, the provisions of § 155-79 relating to the sale of unredeemed shopping carts must be complied within respect to any such shopping cart.
Any impounded shopping cart may be redeemed by the owner or by such other person having the right of possession thereto at any time prior to the sale, destruction, disposal or other disposition of the shopping cart by the Incorporated Village of Freeport, upon paying the sum of $25. No shopping cart shall be delivered to a person seeking to redeem the same unless satisfactory proof establishing such person's ownership or right of possession is submitted and proven. If the name of the entity, supermarket or store is on said shopping cart, that shall be sufficient proof of ownership or right of possession by that particular entity, supermarket or store. Any delivery to a person apparently entitled thereto shall be a valid and good defense for the Village against any other person or entity claiming to be entitled to said shopping cart or carts. Any and all redemption of any shopping cart or carts must occur prior to the legal advertisement for the auction of said shopping cart or carts.
When a sufficient number of shopping carts have been accumulated and are in the custody of the Village, and if no person or entity to whom said cart(s) belong(s) has paid the required redemption fee and established his, her or its ownership or right of possession, it shall then be within the discretion of the Village Clerk, on behalf of the Incorporated Village of Freeport, to publish notice in a newspaper distributed in the Incorporated Village of Freeport advising that at a stated time and place, not less than seven days after such notice is made public, such shopping cart or carts shall be sold at public auction for the best price obtained. A general description in such notice of the shopping cart or carts to be sold shall be sufficient.
If any impounded shopping cart is not sold at public auction, the Village may reoffer it for sale at any subsequent public auction held pursuant to this article or dismantle, destroy or otherwise sell or dispose of such shopping cart or carts. Any sale or disposition of a shopping cart pursuant to this article shall be without any liability on the part of the Incorporated Village of Freeport to the owner or other person lawfully entitled thereto or having any interest therein.
The provisions of this article may be enforced by any police officer of the Incorporated Village of Freeport or any person designated by the Superintendent of Buildings.
[Amended 10-21-2024 by L.L. No. 1-2024]
Any person convicted of an offense of any provision of this article shall be subject to a fine of not more than $1,000 for each offense or not more than 15 days imprisonment, or both.
The provisions of this article shall not apply to any property other than a shopping cart or carts which come into the possession or custody of the Incorporated Village of Freeport pursuant to this or any other ordinance, law or regulation.
If any clause, sentence, paragraph, word, section or part of this article shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impugn or invalidate the remainder thereof but shall be confined in operation to the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.