Sec. 15-68. Shopping carts.
(a) Definitions. Terms used in this section shall have the following definitions: Public place means any street, alley, sidewalk, parkway, park, square, municipal parking lot or other similar place owned, leased or operated by any public body.
Shopping cart means any cart, wagon or similar device, regardless of means of propulsion, made of wire, metal, wood or other material, such as is generally provided by merchants for carting or carrying merchandise or foodstuffs from such merchants’ stores or buildings to automobiles or other places without such merchants’ stores or buildings, hereinafter referred to as “cart.”
(b) Marking required. Every person who, in connection with the conduct of a food dispensing business, or other establishment or business, owns or makes any cart available to the public, shall mark or cause the same to be marked and identified conspicuously with the name and address of the owner. Such identification shall be in the form of a metal tag or plate securely fastened to the cart or a cutting or stamping on the frame of the cart.
(c) Removal from premises restricted. It shall be unlawful for any person to remove, or suffer or permit removal of a cart from the property of any food dispensing business, or other establishment or business, except to convey the same to an adjoining private parking lot or a sidewalk area immediately in front of or contiguous to such business, and except that the owners of such businesses may move carts from one store to another store or to another location.
(d) Unlawful to leave in public place. It shall be unlawful for any person, his agent or employee, to leave or suffer or permit to be left upon any public place any cart either owned by himself or in his possession, custody or control.
(e) Impoundment of carts left in public places; disposition. Impoundment and disposition of carts shall be in accordance with the following:
(1) Impoundment authorized. Any cart left or abandoned upon any public place is hereby defined and declared to be a public nuisance; and the superintendent of public works of the city is hereby directed and empowered to remove or cause the removal of any cart found so left or abandoned to city property where it shall be held until redeemed, sold or otherwise disposed of as hereinafter provided.
(2) Notice to owner upon impoundment. Whenever the city acting through the director of public works shall remove any cart bearing identification of ownership, the director shall mail a notice to the owner thereof at the address shown on the identification tag, plate or stamp; such notice shall advise the owner that such cart or carts may be redeemed upon payment to the city collector of the sum of $10.00 for each cart so redeemed and shall further set forth the place for the redemption of such cart or carts or where possession of the same maybe procured.
(3) Redemption. Upon payment to the city collector of the sum herein provided, such collector shall issue a receipt therefor, which receipt, upon presentation and surrender at the place where the cart or carts are held, shall entitle such owner to redeem such cart or carts upon surrender of such receipt. Any delivery to a person deemed entitled thereto by the city, based upon proof submitted establishing a person’s ownership or right to possession of a cart or carts, shall be an absolute defense to the city against any other person claiming to be entitled thereto.
(4) Sale of unredeemed and unidentifiable carts. After the mailing of the notice provided for in subsection (e)(2) of this section, or after removal of a cart bearing no identification of ownership, the city shall, from time to time, sell such carts at public auction upon such terms and publication as the city may provide; and such sale at publication and sale shall be conducted by the superintendent of public works or such other person as he shall designate.
(5) Disposition of unsold carts. If the cart or carts described in subsection (d) are not sold at public auction, the city may offer the same again for sale at public auction or by dismantling or destroying same, and shall be without any liability on behalf of the city or to any person lawfully entitled thereto or having any interest therein.
(Code 1974, § 26-49)
