Chapter 7.17

SHOPPING CARTS
Short Title.
BC 7.17.005 through 7.17.020 shall be known and may be cited as the “Shopping Cart Ordinance.” [BC 7.17.005, added by Ordinance No. 4468, 1/7/08]
7.17.010

Requirements for Shopping Cart Providers.

A. A person that supplies shopping carts for public use at the person’s business shall:
1. Post signs in sufficient number to give notice to members of the public entering onto or leaving the business premises that unauthorized appropriation of a shopping cart is a crime under ORS 164.015, and provide a toll-free or local telephone number that members of the public may use to report abandoned shopping carts; and
2. Identify the person’s business on each shopping carts and post a sign on the shopping cart that:
a. Notifies any member of the public using the shopping cart that unauthorized appropriation of a shopping cart is a crime under ORS 164.015; and
b. Provides a toll-free or local telephone number for use in reporting an abandoned shopping cart; and
3. Establish, maintain and make available to the public, at the person’s own expense, a toll-free or local telephone line for the purpose of reporting abandoned shopping carts. If the person who provides the cart has a contractor who receives the calls concerning abandoned shopping carts, that contractor shall forward each report the contractor receives concerning an abandoned shopping carts to the owner of the shopping carts and to the City’s Code Enforcement Office within one business day after the contractor receives the report;
4. Retrieve or contract for the retrieval of abandoned shopping carts. [BC 7.17.010, added by Ordinance No. 4468, 1/7/08]

7.17.020 Retrieval and Disposal ofCarts, Fees.

A. A person may agree with other persons to share and to pay expenses related to the toll-free telephone line described in BC 7.17.010(A)(3). The agreement shall provide that any person designated to operate the toll-free telephone line and receive reports concerning abandoned shopping carts must forward the reports in accordance with BC 7.17.010(A)(3).

B. A person shall retrieve a shopping cart that the person owns within 72 hours after receiving notification that the shopping carts has been abandoned.

C. If the City identifies, salvages or reclaims an abandoned shopping carts, it shall use the toll-free telephone line described in BC 7.17.010(A)(3) to report the existence and location of an abandoned shopping cart to the owner of the shopping cart, if the owner is identifiable.

D. The City may take custody of an abandoned shopping cart and impose a fine of $50.00 on the owner of the shopping cart if the owner does not retrieve the shopping cart within 72 hours after the City makes a report under subsection (C) of this section or after the owner receives a report under BC 7.17.010(A)(3).

E. The City may release a shopping cart held in the City of Beaverton’s custody to the owner upon payment of the $50.00 fine.

F. The City may take title to a shopping cart in the City of Beaverton’s custody and dispose of the shopping cart as the City of Beaverton deems appropriate, if the owner does not claim the shopping cart within 30 days.

G. A City Code Enforcement Officer may issue citations for the commission of a violation of this shopping cart chapter. A violation proceeding under this chapter shall be processed in accordance with ORS Chapter 153. [BC 7.17.020, added by Ordinance No. 4468, 1/7/08]

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.