PART FIVE – GENERAL OFFENSES CODE
521.17 SHOPPING CART LITTER.
(a) As used in this section:
(1) “Shopping cart” means a basket of metal, wood, wire or other material, mounted on wheels, or a device similar thereto, such as are generally provided by merchant for carting or carrying merchandise of any nature within the merchant=s building and such as may be used to carry merchandise to customers= automobiles.
(2) “Public place” includes the following: a street, sidewalk, avenue, road, alley, lane, highway, tree lawn, curb lane and any other public property ro right of way located within the City.
(b) Every person who, by reason of his or her business establishment and procedure, makes shopping carts available to any member of the public, any customer or any other person, shall conspicuously identify such shopping carts with an identification clearly indicating the name of the person or establishment and the location of the same.
(c) No person shall take or remove, without intent to return, any shopping cart more than 100 feet from the premises, property or adjacent parking lot of its owner without having first obtain the written consent of said owner or said owner=s authorized agent.
(d) The Department of Public Works or the Department of Public Safety may remove any shopping cart found in any public place and store the same within the City in a place of safekeeping until it shall be redeemed, sold or otherwise disposed of as hereinafter provided.
(e) Whenever the City shall have removed any shopping cart bearing identification of ownership, the Department of Public Works shall mail a notice to the owner at the location shown on such shopping cart. Such notice shall advise that such shopping cart or carts may be redeemed upon payment to the Director of Finance of the sum of five dollars ($5.00) for each cart so redeemed and shall set forth the place for redemption of such shopping cart or carts and where possession of the same may be procured. Payment for redemption shall be made to the Department of Finance and a receipt shall be given therefor, which receipt shall entitle such owner to redeem, at the place of storage noted thereon, one or more carts, as provided for in the receipt, upon the surrender of the same at the place of storage of such shopping cart or carts. No shopping cart shall be delivered to a person seeking to redeem the same unless proof is submitted establishing, to the satisfaction of the City, such person=s ownership or right to possession. Any delivery to a person deemed entitled thereto by this City from the proof submitted shall be an absolute defense of the City against any other person claiming such shopping cart.
(f) After the mailing of the notice provided for in subsection (e) hereof, or after the removal of a cart bearing no identification of ownership, the City shall from time to time sell such cart at public auction. Such public auction will be conducted in accordance with appropriate sections of these Codified Ordinances. However, any shopping cart or carts may be redeemed by the owner thereof at least two days prior to such public auction upon payment to the City of the sum of fifteen dollars ($15.00) for each shopping cart. Proof as set forth in the provision concerning redemption shall be required for such payment and redemption prior to public auction.
(g) Whoever violates subsection (c) hereof is guilty of a minor misdemeanor for the first occurrence of such offense. Any subsequent violation of subsection (c) hereof by such person shall constitute a misdemeanor of the fourth degree.
(Ord. 31-89. Passed 9-18-89.)
