CHAPTER 11.110 OF TITLE 11: ESTABLISHING ABANDONED SHOPPING CART REGULATIONS
Section 11.110.040: Mandatory Effective Shopping Cart Nuisance Abatement Program
a) It is unlawful for any person owning a retail establishment located in the town where shopping carts are available for customer use not to implement and maintain an effective shopping cart nuisance abatement program. Any cart owner shall implement and use any reasonable means in any combination to:
1) Prevent the removal or theft of their shopping carts from their premises and parking area and subsequent abandonment of their shopping carts within the town limits; and
2) If such prevention measures are not one hundred percent effective, cart owners shall retrieve any and all their abandoned shopping carts from within the town boundaries within forty-eight hours. The effective program must also have the following minimum requirements:
I) The retail establishment must register that they own shopping carts for the use of their customers on their premises with the town Administrative Services Department within sixty (60) days of this ordinance taking effect or at the time of business registration application or renewal, whichever is later, and must have an effective shopping cart nuisance abatement program within six months of adoption of the ordinance codified in this chapter or commencing with the issuance of a business registration or the renewal of the business registration, whichever is later.
II) The owner shall provide signage on their premises in a conspicuous location notifying shopping cart users that removal of shopping carts from the premises or parking area is prohibited without the written consent of the retail establishment.
III) Either an effective containment program for physically preventing the shopping carts from being removed from the retail establishment parking area, or an effective program to retrieve abandoned carts within forty-eight hours, or both.
b) For purposes of this section, “effective containment system” means a system selected by the retail establishment that results in no more than six shopping carts being removed without the owner’s consent from the business premises or parking area within the twelve-month period commencing with the issuance of a business registration or the renewal of the business registration (minimum of three (3) carts in a six (6) month time period). An effective containment system may include one or more of the following measures:
1) Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts.
2) An on-site security guard to deter customers who attempt to remove carts from the business premises.
3) Bollards and chains around the business premises to prevent cart removal, if permitted by the Fire Marshal.
4) Any other measure approved by the Director of Planning and Building as a means to contain carts on premises.
Section 11.110.070: Nuisance Abatement and Administrative Fees
a) Nuisance Abatement Fee. Retail establishments that have ineffective abatement programs are subject to an annual nuisance abatement fee at the time of renewal of their business registration equal to the cumulative cost to the Town for retrieval and return of the retail establishment’s abandoned shopping carts over a twelve-month period commencing with the issuance of a business registration or the renewal of the business registration.
b) Administrative Fee. An administrative fee to cover the town’s administrative cost for the activities performed in Section 11.110.060by the town may also be imposed upon the owners of abandoned carts at the time of business registration renewal. Such fee shall not exceed the town’s reasonable estimate of actual cost for such services.
