Whereas, abandoned shopping carts create potential hazards to the health and safety of the public, interfere with pedestrian and vehicular traffic and create and contribute to conditions that reduce property values and promote blight and deterioration within the city”s neighborhoods: and
Whereas, the purposes of this chapter are to declare the problem of shopping carts to be a public nuisance; to provide a regulatory scheme to reduce this problem by asking or requiring store owners to identify and secure shopping carts on premises; and to provide for rules of the impediment, retrieval and/or dispositions of abandoned carts.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CANTON, STATE OF OHIO, THAT:
Section 1: Amending Title Seven- Business Regulation Code of the Codified Ordinances of the city of Canton by the addition of Chapter 779, Retail Shopping Cart Regulations which shall provide as follows:
779.01 Definitions:
A) “Abandoned shopping cart” means any cart removed form a business establishment”s premises without written permission of the owner and located on either public or private property.
B) “Owner” means any person or entity within a business establishment who owns, possesses or makes shopping carts available to customers. For the purpose of this chapter “owner” includes, but is not limited to, the store owner, manager, on site manager, on duty manager or other designated agent of a business establishment providing shopping carts for customer use.
C) “Parking Area” means a parking lot or other parking property provided by a business establishment for use by a customer for parking and automobile or other vehicle.
D) “Premises” means the entire area owned, rented, leased, or utilized by a business establishment that provides shopping carts for customer use, including parking areas.
E) “Shopping Cart” means a basket which is mounted on wheels or a similar device generally used in a business establishment by a customer for the purpose of transporting goods of any kind. This includes, but is not limited to, laundry, grocery, or shopping carts.
779.02 Nuisance
Canton City Council hereby declares that abandoned shopping carts create potential hazards to the health and safety of the public; interfere with pedestrian and vehicular traffic within the city of Canton; and wrecked, dismantled and/or abandoned shopping carts on public or private property create conditions that reduce property values and promote blight and deterioration within the city’s neighborhoods; and therefore constitute a nuisance. The regulatory scheme established by this Chapter is created under the police power authority of the city abate such nuisance.
779.03 Signs on Shopping Carts- Required
Owners of business establishments which provide shopping carts for use on premises to customers shall affix to each shopping cart a permanent form of identification as to the owner/name/address of the business establishment to whom the cart belongs.
779.04 Prevention of Cart Removal and Administrative Penalties
a) Every owner of a business establishment that provides shopping carts for the use of its customers who is subject to the provisions of this section shall develop and implement a specific plan to prevent customers from removing carts from the business premises. The plan shall include the following elements:
1) Signage. Signage posted in a conspicuous are providing notice to customers that the removal of carts from the business establishment;s premises is prohibited and a violation of state and local law at the business.
2) Physical measures. The owner shall implement at least one specific physical measure to prevent cart removal from the business premises is prohibited and a violation of state and local law at the business. Optional physical measures include, but are not limited to, the following:
A. Installing disabling devices on all carts;
B. Require a security deposit for use of all carts
C. Posting a security guard to prevent customers from removing carts from the business premises; or
D. Utilizing employees of the store or contractors to regularly on not less than a daily basis police the business premises parking lot and immediately adjacent sidewalks, streets or properties, and collect all stray carts.
b) Any owner who is subject to the provisions of this section who fails to comply with any of the above requirements, shall be subject to civil administrative sanctions as follows:
1) Upon first notice from the City for failure to comply, a written warning;
2) Upon failure to comply with the first written warning within 30 days, an administrative fine of $50.00 and and ordered to comply withing 30 days;
3) Upon failure to comply with the second written warning within 30 days, an administrative fine of $100.00 and and ordered to comply withing 30 days;
4) For continuing failure to comply, continuing administrative fines of $100.00 per month every 30 days thereafter until compliance is achieved.
c)The provisions of this section shall be advisory only to all business owners unless and until (1) a business owner is identified as contributing to the nuisance conditions described in this Chapter by three or more occurrences of shopping carts being removed and abandoned on public streets and private property; and (2) upon written notice from the director of public safety to the owner that the requirements of this section are now applicable and shall be enforced against such business owners.
779.05 Impoundment
A) The Director of Public Safety, or designee, shall have the authority to abate the nuisance of abandoned shopping carts as defined and established by this Chapter, by impounding any and all abandoned shopping carts. The impounded shopping carts shall be kept at a secured site which shall be open for business to the public at least one day per week. The Director or designee shall attempt to identify the owner of the abandoned shopping cart and notify the owner to reclaim their carts that have been impounded.
B) Any person claiming that a shopping cart has been wrongfully impounded, may apply not later than 30 days from the date of the impoundment to the Director for return of said cart.
C) Any shopping cart not reclaimed from the city within 30 days of date of impoundment shall be forfeited to the city and may be sold or otherwise disposed of by the city.
D) The owner of any abandoned shopping cart which has been impounded by the city and who has received a notice from the Director of Public Service pursuant to section 779.04(c) shall pay the city an administrative fee of $25.00 per cart, prior to retrieval by the Owner.
E) Any owner of an impounded shopping cart may appeal any determination of the Director of designee as provided in this Chapter
779.06 Theft Offenses
Nothing in this ordinance is intended to change or modify any provisions of Title 29 of State law and specifically, Section 2913.02, theft and section 2913.51, Receiving Stolen Property. The taking of a shopping cart by any person from and off the premises of a business owner which provides shopping carts to customers as a part of their business, without the consent of the Owner, constitutes a theft offense, punishable as provided by law. The receipt, retention or disposal of a shopping cart owned by a business owner, knowing or having reasonable cause to believe that the property, punishable as provided by law.
779.07 Enforcement Authority
The Director of Public Safety, and/or designee shall have the authority and powers necessary to determine whether a violation of this Chapter exists and to take appropriate action to gain compliance with the provisions of this Chapter. These powers included the power to issue administrative citations and to inspect public and private property. It also included the power to impose civil penalties for any violation of this Chapter.
779.08 Administrative Hearing
A) Any owner of other person claiming to be aggrieved by and determination, order, impounding action, imposition of administrative fine, or otherwise, may appeal such determination, order, action or impoundment, and request an administrative hearing on said grievance.
B) The request for hearing shall be made in writing to the Director of Public Safety or designee. As soon practicable after receiving the request for hearing, but no longer than 30 days, the Director shall schedule a date, time and place for the hearing. A continuance of the hearing may be granted upon written request to the Director.
779.09 Alternative remedies
Nothing in this chapter shall prevent the city from pursuing any criminal, civil, administrative or other legal remedy to address violations of this chapter.
779.10 Severability
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted such section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
