ORDINANCE #613: SHOPPING CARTS

Section 54-16P: Shopping carts; removal, abandonment, recovery by owner, disposition of unclaimed carts.

a) Definition. The term “shopping cart” when used in this section means a push cart of the type commonly provided by grocery stores, drugstores, or other merchants for the use of the public in transporting commodities inside and outside of stores.

b) Marking. Owners must clearly mark all shopping carts with the name of the owner. Failure to do so may result in confiscation and disposal of the shopping carts by the city.

c) Removal prohibited. It shall be unlawful for any person to remove a shopping cart from the premises of the owner of such shopping cart without the written consent of the owner or of his agent, servant, or employee give at the time of such removal. For the purpose of this section, the premises shall include the entire parking area set aside by the owner, or on behalf of the owner, for the parking of cars.

d) Abandonment prohibited. It shall be unlawful for any person to leave or abandon any shopping cart on any sidewalk, right of way, street or other property within the city other than the property of the owner of the shopping cart.

e) Confiscation. If a shopping cart is found on any property other than the premises of the owner of the shopping cart, the city may retrieve the cart and remove it to a storage location. Any shopping cart impounded by the city under this section may be reclaimed by the owner thereof by submitting evidence, satisfactory to the city, of ownership and the payment of $25 for each cart so impounded. Any shopping cart impounded under this section which has not been reclaimed by an owner as herein specified within 60 days shall be disposed of by the city in the same manner as other property seized by the city.

f) Penalty. Upon conviction of removal of a shopping cart from premises, violator shall be punished in accordance with section 1—12. Upon conviction of the shopping cart owner failing to reimburse the city for cart disposal and / or storage, violator shall be punished in accordance with section 1-7. (Section 1-7 states: A person convicted of a violation of this Code shall be punished by a fine not exceeding $1,000.00, imprisonment for a term not exceeding six months, or compulsory labor on the public works, not to exceed six months, or any combination thereof).

About Shopping Cart Ordinances

Retailers can struggle to stop cart abandonment, often paying up to $15,000 a year on replacement carts and municipal fines and fees due imposed by communities. These cart regulations and laws are put in place to not only control the environmental impact of abandoned carts, but also to keep towns and cities clean.

Most shopping cart ordinances fall into three categories: The first category is regulations requiring retailers to have a plan to contain and collect errant shopping carts. Secondly, those that define the fines and penalties a city may impose on retailers for abandoned or errant shopping carts. Finally, the third category of rules generally requires retailers to have a system to contain shopping carts, preventing abandonment.