ARTICLE XII. SHOPPING CARTSSec. 7-451. Plan required.

Each retail establishment furnishing shopping carts to patrons to transport items purchased from the establishment is required to develop and implement a specific plan to retrieve its shopping carts which are found throughout the city. Two or more retail establishments may collaborate and submit to the city a single plan. The plan must be submitted to the city commission within 60 days of June 27, 2000, and must include an effective and specific method of retrieving the retail establishment’s shopping cartsfound throughout the city.
(Ord. No. 2000-13, § A, 6-27-2000)

Sec. 7-452. Plan submission, amendment and review.

(a) The city commission shall determine whether the retail establishment’s plan for retrieving its shopping carts is reasonably calculated to result in the prompt removal of the retail establishment’s shopping carts found throughout the city.

(b) Based on the criteria referenced in subsection (a) of this section, the city commission shall approve, reject or modify the plan, within 60 days of the date the plan is submitted. If the plan is approved, the proposed measures shall be implemented no later than 30 days after approval.

(c) Following the approval of a plan, a retail establishment may file a written request with the city commission to amend its plan. The proposed amended plan is subject to the same criteria and review process as an original plan.

(d) If a retail establishment’s original or amended plan is approved by the city commission and subsequently the city manager determines that the retail establishment’s plan for retrieving its shopping carts found throughout the city is ineffective, the city manager may place on the city commission agenda the matter of modifying the retail establishment’s plan. The city manager shall provide the retail establishment with at least ten days’ written notice of such hearing, along with the city manager’s recommendation. After consideration of the matter and after permitting the retail establishment to be heard, the city commission may modify or leave the plan unchanged.

(e) The retail establishment may, within 30 days of the city commission’s decision, file a petition for writ of certiorari in the county circuit court.
(Ord. No. 2000-13, § B, 6-27-2000)

Sec. 7-453. Failure to submit, modify or implement plan.
Any retail establishment that fails to timely submit a plan, implement a plan or make required modifications to a plan shall be subject to a fine of $100.00 per day for each day of noncompliance.
(Ord. No. 2000-13, § C, 6-27-2000)

Sec. 7-454. Required procedures.
Each retail establishment furnishing shopping carts to patrons shall:
(1) Post a minimum of two signs not less than 1 1/2 feet by three feet in conspicuous places in the retail establishment stating that it is a violation of city ordinance to remove the retail establishment’s shopping carts from the parking lot of the business premises.
(2) Place the name, address and telephone number of the retail establishment owning the shopping cart upon each shopping cart.
(Ord. No. 2000-13, § D, 6-27-2000)

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.