CHAPTER 225: SHOPPING CARTS

Section 225.03: Shopping Carts to be Marked.

a) Every supermarket or business establishment operating within the village, or whose operations touch, border, concern or otherwise involve the Village and/or its residents, that makes shopping carts available to the public shall permanently mark said carts with the name and address of the owner.

Section 225.04: Removal of Shopping Carts from Establishments; Penalties for Offenses.

a) It shall be unlawful for any person to remove a shopping cart or permit the removal of a shopping cart from the property of the establishment or business that makes said cart available, except that such a cart may be removed to a parking area adjoining the property of said establishment or business, so long as such removal does not result in the abandonment of a shopping cart within the Village. Violation of this section shall be punishable as set forth in Chapter 1, Section 15 of this Code.

Section 225.05: Redemption of Carts Found in Public Places.

a) The director of the Public Services, or his or her designee, is hereby authorized to remove or cause to be removed any shopping carts found in any public area he/she determines is abandoned, and to store said cart until it is either disposed of or redeemed.
b) Within 30 days after said removal, the Public Works Department shall mail a notice, by first-class mail, to the owner of its cart, stating that each cart may be redeemed by the owner at no cost within five (5) business days from the date of the notice or thereafter upon payment to the Village Clerk of $30 per cart. c) Any carts remaining unredeemed after 30 days from the date that notice was provided under Subsection B may be destroyed or otherwise disposed of by the Village.

Section 2: SEPARABILITY

a) The provisions of this local law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, unconstitutional or in applicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this local law would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and as if such person or circumstance, to which the local law or part thereof is held inapplicable, had been specifically exempt therefrom.
Section 3: REPEALER
a) All Ordinances, Local Laws and parts thereof inconsistent with this Local Law are hereby repealed.

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.