Sec. 12-22. Shopping carts; removal, abandonment, recovery by owner, disposition of unclaimed carts.
(a) As used in this section, “shopping cart” means those push carts of the type which are commonly provided by grocery stores, drug stores, or other merchant stores or markets for the use of the public in transporting commodities in stores and markets, and incidentally from the stores to a place outside the store.
(b) It shall be unlawful for any person to remove a shopping cart from the premises of the owner of such shopping cart without consent of the owner or the owner’s agent, servant or employee. For the purpose of this section, the premises shall include all of the parking areas set aside by the owner or on behalf of the owner for the parking of vehicles for the convenience of the patrons of the owner.
(c) It shall be unlawful for any person to abandon a shopping cart upon any public street, sidewalk, way, or parking lot, other than the parking lot of the premises of the owner, or to abandon same upon private property not authorized by the owner of the shopping cart for the storage of shopping carts. Any shopping cart found off of the premises of a shopping area shall be deemed an abandoned shopping cart unless ownership is claimed by an adult who shall give such adult’s name and address and the name and address from whom said shopping cart was purchased or acquired.
(d) Upon the discovery of any abandoned shopping cart which can be identified as belonging to a particular owner, the city police or the city building inspector shall give written notice to the owner of said abandoned shopping cart, who shall within three (3) days of the written notice, take possession of and return the shopping cart to such owner’s premises.
(e) If the owner fails to remove the abandoned shopping cart after three (3) days from the written notice, the city may remove the abandoned shopping cart and dispose of the same at the expense of the owner.
(f) If the owner of an abandoned shopping cart cannot be identified, the city may remove said abandoned shopping cart and dispose of the same in any manner, including the sale by private or public sale. Any owner proving ownership at a private or public sale shall be liable for the expenses incurred by the city. Notwithstanding the above, the city shall be authorized to charge a fee of twenty dollars ($20.00) to any owner proving ownership of an abandoned shopping cart.
(Ord. No. 97-11, § 1, 4-21-97)
