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HomeMy WebLinkAboutOrd 5413 02/17/2004 ORDINANCE NO. 5413 AN ORDINANCE AMENDING CHAPTER 23, ARTICLE XXI OF THE VILLAGE CODE OF MOUNT PROSPECT Passed and approved by the President and Board of Trustees the 1 ih day of February, 2004 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 18th day of February, 2004 ~~^ ORDINANCE NO. 5413 AN ORDINANCE AMENDING CHAPTER 23, ARTICLE XXI OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Paragraph B entitled "Return of Shopping Carts" of Section 23.2102 entitled "Duties of Owner of Shopping Carts" shall be amended to read as follows: B. Return of Shopping Carts: The owner of any shopping cart shall take such action as may be necessary to ensure that all shopping carts remain on the owner's premises or are caused to be returned to the premises by the owner. SECTION 2: Subsection C of Section 23.2102, entitled "Duties of Owner of Shopping Carts," shall be amended as follows: C. Reclamation Of Shopping Carts: The owner of any shopping cart shall reclaim the cart, in the manner provided in this article, within three (3) days after receiving notice of the cart's location. No such notice is required if the Village attempts to return the cart to the owner's premises. SECTION 3: Section 23.2103, entitled "Removal of Shopping Carts from Public and Private Property," of Chapter 23, Article XXI of the Village Code of the Village of Mount Prospect shall be amended by deleting in its entirety the current Section 23.2103 and inserting in lieu thereof a new Section 23.2103, entitled "Removal of Shopping Carts from Public and Private Property" to be and read as follows: 23.2103: REMOVAL OF SHOPPING CARTS FROM PUBLIC OR PRIVATE PROPERTY. Any shopping cart located on public property shall be deemed abandoned property. Any shopping cart located on private property without the consent of the owner or lessee of such property shall be deemed abandoned property. The Village may remove and dispose of any abandoned shopping cart. SECTION 4: The existing 23.104 entitled "Shopping Carts Prohibited from Public Ways" shall be deleted in its entirety and a new Section 23.2104, entitled "Return of Abandoned Shopping Carts" shall be inserted in lieu thereof which shall be and read as follows: 23.2104: RETURN OF ABANDONED SHOPPING CARTS: Any abandoned shopping cart, removed by the Village, may be returned to the owner, subject to the following conditions: A. B. When any abandoned shopping cart is removed by the Village, the Village shall maintain a log documenting, for each owner, the number of removed shopping carts. There shall be an abandonment and removal fee, as set forth in Appendix A, Division II of this Code, payable to the Village for each abandoned and removed cart. This fee shall attach at the time of removal by the Village. If the fee remains unpaid, it shall become a basis of the following year's license fee and be payable at the time of business license renewal as set forth in (C) below. C. The fee set forth in subsection B above shall be payable as follows: 1. Any unpaid fees for abandoned shopping carts removed by the Village from and including December through and including November of the next year shall be added to and become a part of the owner's annual business license fee for the following year. (Example, fees for December 2002 through and including November 2003 shall be added to the 2004 annual business license fee). 2. The fee for carts returned to any owner, which is not licensed to conduct business in the Village, shall be invoiced to the owner as the Director of Finance Department otherwise determines appropriate. 3. No business license shall be issued to any entity in the Village if that entity also has a business in another jurisdiction and that other business has outstanding removal fees. D. Nothing in this article shall require the Village to take any action to identify the owner of any abandoned shopping cart, which does not bear the required identification. Such unidentified shopping carts are declared to be of no value and subject to disposal by the Village within 30 (thirty) days of removal. SECTION 5: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Hoefert, Lohrstorfer, Skowron, Wilks, Zadel NA YES: None ABSENT: Corcoran, Farley PASSED and APPROVEI) this 1ih.day of February, 2004. ~t:.(J/~ 'Irvana K. Wilks, Mayor Pro Tem ATTEST: