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ORDINANCE NO. 09-42

SEC. 50-37. ABANDONED OR DISCARDED SHOPPING CARTS.

(a) The term “shopping cart,” when used in this section, means those push carts of the type or types which are commonly provided by retail stores or markets for the use of the public in transporting commodities from the store 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 the written consent of the owner or of his agent, servant, or employee given at the time of such removal. For the purpose of this section, the premises shall include all the parking area set aside by the owner, or on behalf of the owner, for the parking of cars for the convenience of the patrons of the owner.

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

(d) If a shopping cart is found on any property off the premises of the shopping cart owner, the city may retrieve the cart and remove it to a storage location. The city shall notify the owner, if known, of the cart’s retrieval and storage. If not recovered from the storage area by the owner within ten days, the city may dispose of the cart. A storage fee of $10.00 per cart shall be paid by the owner for any cart retrieved from the storage location.

(e) If the shopping cart is not marked with the owner’s name, the city shall have the right to dispose of the shopping cart.

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.