ORDINANCE NO. 2015- 738
RELATING TO ABANDONED SHOPPING CARTS
Section 1. Shopping Cart Ordinance” and shall be so cited and pled.
Section 2. PURPOSE, POLICY, AND SCOPE. It is declared policy of the 13 City of Keizer, in furtherance of the protection of the public health, safety and welfare of 14 the people of the City of Keizer, to enact an ordinance regulating the presence of abandoned shopping carts within the City of Keizer, declaring the presence of abandoned 16 shopping carts as a public nuisance, providing a means to allow for voluntary abatement 17 of the nuisance by the owners of shopping carts through a notification and retrieval 18 process, and providing means for abatement of the presence of abandoned shopping carts 19 when voluntary compliance is not achieved. The City Council finds and declares that the presence of abandoned shopping carts tends to create a condition reducing private property values, promotes blight and deterioration, creates a hazard to the health, safety and general welfare of the public, and reduces the aesthetic value of the City as a whole. Such presence of abandoned shopping carts within the City of Keizer is hereby declared to be a public nuisance. In addition, the collection of shopping carts by the City is done
Section 4. ADMINISTRATION. The City Manager or his designee shall be responsible for the administration of this Ordinance.
Section 5. SHOPPING CART INFORMATION REQUIRED.
Every owner shall have a permanent sign affixed to every shopping cart with the following information:
(a) The identity of the owner of the shopping cart.
(b) A telephone number of the owner for shopping cart return.
(c) A statement that the unauthorized removal of the shopping cart from the premises is a crime under ORS 164.015.
Section 6. POSTED NOTICE.
Every owner shall conspicuously post a sufficient number of signs on the owner’s business premises stating that unauthorized appropriation of a shopping cart is a crime under ORS 164.015. Such signs must provide the telephone number that persons may use to report abandoned shopping carts.
Section 7. NOTIFICATION AND RETRIEVAL OF ABANDONED SHOPPING CARTS<.b>.
(a) The Code Compliance Officer or any member of the public may report the location of an abandoned shopping cart by calling the telephone number provided by the owner.
(b) If the City has notice of the location of an abandoned shopping cart, the Code Compliance Officer shall use the telephone number provided by the owner to report the location of the abandoned shopping cart.
(c) If an abandoned shopping cart does not have a sign with the information required herein, the City may take custody of the abandoned shopping cart. If the owner can be identified, but after reasonable effort, the Code Compliance Officer is unable to contact the owner of the abandoned shopping cart and seventy-two (72) hours has passed or if the owner cannot be identified, the Code Compliance Officer may dispose of the abandoned shopping cart as provided in Section 10.
Section 8. DUTY TO RETRIEVE CART.
An owner, or an owner’s representative, must retrieve an abandoned shopping cart within seventy-two (72) hours from the date the report is made to the owner under Section 7.
Section 9. CUSTODY OF ABANDONED CART.
The Code Compliance 14 Officer may take custody of an abandoned shopping cart and impose an administrative 15 fee of fifty dollars ($50.00) per shopping cart on the owner of the abandoned ‘shopping 16 cart if the owner does not retrieve the abandoned shopping cart within seventy-two hours 17 after the owner receives a report of an abandoned shopping cart under Section 7. The 18 Code Compliance Officer shall release the abandoned shopping cart to the owner after 19 the administrative fee is paid.
Section 10. DISPOSITION OF UNCLAIMED ABANDONED CART.
Title to an abandoned shopping cart not claimed by an owner within thirty days after notification from the Code Compliance Officer, or to any abandoned shopping cart where the Code Compliance Officer has been unable to identify the owner after reasonable efforts and which has been in the City’s custody for thirty (30) days, shall be forfeited to the City and the abandoned shopping cart may be sold or otherwise disposed of by the City.
Section 11. EXEMPTION.
If an owner has an effective physical or electronic mechanism or method that prevents shopping carts from being removed from the premises, the owner is exempt from the requirements of this Ordinance.
Section 12. VIOLATION.
Failure by an owner to comply with Section 5 or Section 6 is a civil infraction. The fine amounts for the violations are as follows:
Maximum Fine: $100.00
Minimum Fine: $50.00
Presumptive Fine: $50.00
Section 13. SAVINGS CLAUSE.
Should an section or portion of this Ordinance be held unlawful and unenforceable by any court of competent jurisdiction, such decision shall apply only to the specific section, or portion thereof, directly specified in the decision. All other sections or portions of this Ordinance shall remain in full force and effect.
