9.38.020 Examination.
The authorized official may enter upon public or private property to examine a shopping cart, obtain information as to the ownership of a shopping cart, or to remove or cause to be removed a shopping cart pursuant to this Chapter.
(Ord. 5422 § 3, 2002)
9.38.030 Owner/operator posting requirements.
The owner or operator of any retail establishment which allow customers to use shopping carts to carry goods into a parking area shall:
(A) Prominently and conspicuously post a notice at all entrances to the parking area and at all entrances to the retail establishment, in substantially the following form: “Removal of shopping carts from these premises is prohibited by law”; and
(B) Permanently affix to each such shopping cart a sign that:
(1) Identifies the owner of the shopping cart, including the name, address and telephone number of the local store in which the shopping cart is to be used;
(2) Notifies the public of the procedure to be utilized for authorized removal of the cart from the premises;
(3) Notifies the public that the unauthorized removal of the shopping from the premises or parking area of the establishment or unauthorized possession of the cart violation of City ordinances; and
(4) Lists a valid telephone number or address which can be used in returning the cart to the owner.
(Ord. 5422 § 4, 2002)
9.38.040 Provisions.
(A) Except as otherwise provided in Subsection (B) of this Section, a shopping cart which is left standing on any public or private property shall be deemed to be abandoned. For purposes of this Chapter, an abandoned shopping cart is a public nuisance and is subject to removal in accordance with this Chapter.
(B) The provisions of this Section shall not apply to any shopping cart which:
(1) Is left standing on the property of the owner of the shopping cart within any common area of the shopping center in which the owner’s store is located; or
(2) Has been removed for purposes of repair or maintenance.
(C) As provided in this Chapter, the owner of an abandoned shopping cart is responsible for removal of the cart from the location of abandonment, and is liable for the cost of any removal and disposition performed by or on behalf of the City.
(Ord. 5422 § 5, 2002)
9.38.050 Removal by authorized official.
(A) Upon discovering the existence of an abandoned shopping cart on public or private property, the authorized official may cause the removal thereof in accordance with this Section.
(B) In accordance with the provisions of Section 9.38.060 of this Chapter, the authorized official may notify the owner of an abandoned shopping cart and provide a period of time for the owner, or the owner’s agent, to remove the cart.
(C) Alternatively, the authorized official may remove the cart or cause it to be removed in accordance with the provisions of Section 9.38.070 of this Chapter.
(Ord. 5422 § 6, 2002)
9.38.060 Notification by authorized official.
The authorized official, at his discretion, may notify the owner of an abandoned shopping cart that the cart must be removed within a specified period of time, and that failure to effect the removal will subject the cart to removal by or at the instance of the City. The notice may be delivered personally to the owner or a representative, by mail addressed to the address listed on the cart or to the last known address of the owner, or by delivery or mailing to an agent designated by the owner for such notice to be given. If removal is not accomplished by or on behalf of the owner within the time period specified in the notice, the City may remove or cause the removal of the cart and may store it until retrieved or disposed of in accordance with this Chapter.
(Ord. 5422 § 7, 2002)
9.38.070 Removal by authorized official–Requirements.
The authorized official, at his discretion, may remove or cause to be removed any abandoned shopping cart without notice to the owner thereof, and may store it until retrieved or disposed of in accordance with this Chapter. Thereafter, the authorized official shall notify the owner of the shopping cart of the removal, including the date the shopping cart was removed from the location of abandonment, the location and procedure for retrieval of the shopping cart, and a statement that the owner or its agent must submit a request for a hearing either in person or in writing within ten days after notice has been delivered or sent. The notice may be delivered personally to the owner or a representative, or by mail addressed to the address listed on the cart or to the last known address of the owner.
(Ord. 5422 § 8, 2002)
9.38.080 Ownership.
For purposes of Sections 9.38.050 to 9.38.070, inclusive, of this Chapter, the “owner” of a shopping cart or abandoned shopping cart means the apparent owner when actual ownership is unknown.
(Ord. 5422 § 9, 2002)
9.38.090 Hearing.
(A) A request for hearing concerning the removal of one or more shopping carts must set forth the grounds upon which the hearing is requested. If a request for hearing is timely and properly made, a hearing shall be conducted within fifteen business days after receipt of the request. The hearing shall be conducted by the City Manager or a designee. The failure to request a hearing in within the required time shall constitute a waiver of the hearing.
(B) If a hearing is conducted concerning the removal of a shopping cart, the person requesting the hearing shall have the burden of demonstrating that the removal was unwarranted. The person conducting the hearing shall determine whether or not removal of the shopping cart was warranted, and that determination shall be deemed to be the final administrative determination.
(C) If removal of the shopping cart is determined to have been warranted, the owner or agent shall have fifteen days from the date of the ruling to retrieve the shopping cart, after payment of the fees and costs associated with removal and storage. If removal of the shopping cart is determined to have been unwarranted, the fees and costs shall be waived and the owner or its agent shall have fifteen days to retrieve its shopping cart from the storage area.
(Ord. 5422 § 10, 2002)
9.38.100 Payment of storage and removal fees.
(A) Any shopping cart which has been removed and stored by or at the instance of the City pursuant to the provisions of this Chapter shall be released to the owner, or the owner’s agent, after payment of the associated removal and storage fees, if release is sought in a timely manner. The City’s obligation to release a shopping cart continues only for the following periods:
(1) Thirty days after notice of removal has been given, if no hearing is timely and properly requested; or
(2) Fifteen days after a determination is made in connection with a hearing.
(B) Any shopping carts that have not been retrieved by the owner within the time periods contained in this Section shall be deemed to be permanently abandoned. The City may continue to release such carts to the owner in accordance with Subsection (A), but may also be sold at public auction, destroyed or otherwise disposed of by the City.
(Ord. 5422 § 11, 2002)
9.38.110 Fee for removal.
(A) The City is authorized to charge a fee for the removal and storage of shopping carts, based upon the actual cost thereof, plus a fifteen percent administrative fee to cover administrative costs. The fee for the removal and storage of shopping carts shall be established, and may be amended from time to time, by resolution of the City Council.
(B) In addition to any other fee which the City may charge pursuant to this Section, the City Council may assess a civil penalty in accordance with this Subsection (B). Any owner of shopping carts whose carts have been the subject of more than three occurrences within any six month period shall be subject to a civil penalty of fifty dollars per shopping cart for each occurrence in excess of three during that six month period. For purposes of this Subsection, an “occurrence” with regard to a shopping cart owner consists of any notice to remove sent by the City to that owner, or the removal by or at the instance of the City of any abandoned shopping cart belonging to that owner.
(C) If an owner of shopping carts has not paid all fees and penalties imposed on the owner pursuant to this Section prior to the payment of the owner’s semi-annual business license fee, the City may decline to renew, or may suspend, the business license until all fees and penalties have been paid.
(Ord. 5422 § 12, 2002)
9.38.120 Exemptions.
The authorized official may exempt an owner of shopping carts from the removal provisions of this Chapter if the owner implements and documents, to the satisfaction of the authorized official:
(A) A plan whereby employees provide continuous and effective shopping cart retrieval;
(B) A contract with a cart retrieval service that effectively provides retrieval services on a daily basis; or
(C) A shopping cart management system to physically prevent shopping carts from leaving an owner’s premises.
(Ord. 5422 § 13, 2002)
