Chapter 235: SOLID WASTE

§ 235-3. Littering; shopping carts. B. Shopping carts.

(2) Requirements.
Any owners of public or private markets selling groceries or other items of personal consumption and which provide shopping carts to their patrons shall:

(a) Designate an employee or independent contractor who, on a daily basis, retrieves said store’s shopping carts which are taken off-premises.

(b) Designate a telephone number for the public to report off-premises shopping carts. The telephone number must be prominently displayed within the retail establishment.

(c) Prominently mark upon each shopping cart the following:
[1] The name of the owner’s establishment.
[2] A designated number for abandoned shopping carts.
[3] A notice: “The taking, removal or possession of this cart beyond the premises of the owner is punishable by a fine not to exceed $250 and/or imprisonment of not more than 15 days.”

(3) Prohibitions.

(a) All owners of public or private markets selling groceries or other items of personal consumption shall prohibit the removal of carts from the owner’s premises.

(b) It shall be unlawful for any person or his/her agent or employee to take, remove or possess any shopping cart beyond the premises of the identified owner of the shopping cart without the express permission of the identified owner.

(4) Seizure and removal of abandoned carts.
The City of Glen Cove is hereby authorized to seize and remove or cause to be removed any abandoned shopping cart from any public place within the City, without notice, and shall take or cause the same to be taken to a facility within the City for redemption or disposition as hereinafter provided.

(5) Redemption.

(a) Whenever the City of Glen Cove removes or causes to be removed any shopping carts having identification of ownership or right of possession, written notice of the removal shall be given, advising of the removal, the facility to which it was removed and the amount necessary to redeem the article.

(b) Any shopping carts removed from public places within the City may be redeemed by the owner thereof any time prior to the disposal by the City by tendering to the City, during regular business hours at its office, the sum as set by resolution of the City Council in the Standard Schedule of Fees Editor’s Note: The Schedule of Fees is on file in the City offices. for each day or part thereof that said property is held by the City after the owner has been duly notified.

(c) The City shall require satisfactory proof of ownership or lawful right to possession of the property sought prior to release. Any return of property by the City to a person claiming the same pursuant to this chapter shall be an absolute defense to the City against any other person claiming the same.

(6) Disposal.
The City of Glen Cove may dispose of any shopping carts held by the City for a period in excess of 14 days, which includes, but is not limited to, selling, destroying, dismantling or otherwise disposing of the property through any manner permitted by law.

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.