[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:
Any permanently affixed or permanently stamped name or mark
which is used for the purpose of identifying the owner of shopping
carts.
A person of either sex, a corporation, partnership, association,
joint-stock company or society and any other entity capable of being
sued.
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.
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.
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.
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.
Upon redemption or sale of a shopping cart or
carts, the proceeds shall be deposited in the general fund of the
Incorporated Village of Freeport and used as a part thereof.
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.
Any person convicted of an offense of any provision
of this article shall be subject to a fine of not more than $250 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.
