ARTICLE IV. SHOPPING CART REGULATIONSSec.
46-161. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Cart means a hand-drawn or hand-propelled vehicle or wheeled container, made of metal, wood or other material, which is generally provided by merchants for carting or carrying merchandise or foodstuffs to automobiles or other places.
Street means a street, avenue, road, alley, lane, highway, boulevard (including the full right-of-way width), concourse, driveway, culvert, crosswalk, sidewalk, parking lot, parking area, or place used by the general public, including parks.
(Code 1981, § 13-41)
Cross references: Definitions generally, § 1-2.
Sec. 46-162. Responsibilities of merchants.
(a) Cart identification tags. No merchant, corporate or otherwise, shall provide shopping carts for use of its customers without first affixing thereto a permanent tag of identification setting forth the name and address of the merchant.
(b) Permitting customers to take carts off premises. Any merchant who shall directly or indirectly permit or suffer his customers to take such carts off the premises of such merchant shall be responsible under this article if the carts are abandoned or otherwise left on public streets or public property or on private property without the express consent of the owner or tenant thereof.
(Code 1981, § 13-42)
Sec. 46-163. Impoundment of abandoned carts; redemption by owner.
(a) Removal, redemption, destruction and notice. Any such carts abandoned or otherwise left on public streets, public property or on private property without express consent of the owner or tenant thereof shall be seized and impounded by the city personnel to be sold at public auction as unclaimed property after a period of 30 days unless the owner thereof shall claim them from the city within such period and pay the sum of $10.00 for each such cart to cover minimal retrieval cost and, in addition thereto, $0.50 per day for storage for each cart. If the owner of the cart has employed a person full-time for the specific purpose of retrieving carts removed from the owners premises, then that owner shall be allowed to redeem the cart within the time period set forth above the sum of $2.50 per cart, plus the daily storage fee, provided the owner has certified to the city its employment of such a person. Certification by the owner shall be given to the city annually on or before October 1.
(b) Carts with identification. Whenever the city shall take any cart containing identification of ownership or right to possession, a notice shall be sent by ordinary mail to such person advising that such cart is held by the city and that the cart may be redeemed upon payment of the amount set out in appendix A to this Code, as amended from time to time, to the city. Such cart may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof, and he shall be entitled to receive such cart upon the payment of such sum.
(Code 1981, § 13-43; Ord. No. 98-14, § 1, 8-25-1998)
Secs. 46-164–46-190. Reserved.
