ARTICLE X: SHOPPING CARTS
Section 255-63: Findings; Legislative Intent.
a) The City of Albany finds that abandoned shopping carts in the City create potential hazards to the health and safety of the public and interfere with pedestrian and vehicular traffic and create a public nuisance. The accumulation of abandoned carts sometimes wrecked and/or dismantled on public and private property tends to create conditions that reduce property values and promote blight and deterioration and result in a public nuisance. This article is intended to insure that measures are taken by the owners of shopping carts to prevent the removal of the shopping carts from the owner’s premises, to make removal of the cart a violation of this Code and to facilitate the retrieval of abandoned shopping carts in a manner consistent with state law.
Section 255-64: Removal and Abandonment of Shopping Carts.
a) It shall be unlawful for any person to remove a shopping cart from the premises of the owner of such shopping cart without the written consent of the owner or of his agent, servant or employee given at the time of such removal. For the purpose of this section, the premises shall include the entire parking area set aside by the owner, or on behalf of the owner, for the parking of cars.
b) It shall be unlawful for any person to be in possession of any shopping cart or laundry cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
c) It shall be unlawful for any person to leave or abandon any shopping cart on any sidewalk, right-of-way, street or other property within the City other than the property of the owner of the shopping cart.
Section 255-64: Responsibilities of Shopping Cart Owners Within the City.
a) Every owner of shopping carts, as defined by this article, shall mark or cause the cart to be marked and identified conspicuously with a notice that provides, at a minimum, the following: “Property of (name of owner). If found, please call (telephone number).”
b) All owners, regardless of the number of carts owned, shall ensure that all carts are secured from public access after close of business hours.
c) Signs shall be placed prominently and conspicuously at all locations where shopping carts are stored that provide a notice of substantially the following information: “Removal of shopping carts from these premises is prohibited by City ordinance and will subject the violator to a fine up to $100.”
d) Specific physical measures shall be implemented to prevent cart removal from the business premises. These measures may include, but are not limited to, disabling devices on all carts, posts, fences or other physical measures, posting of a security guard to deter and stop customers who attempt to remove carts from the business premises, security deposits required for use of all carts, or the rental or sale of utility carts that can be temporarily or permanently used for transport of purchases.
Section 255-66: Penalties for Offenses.
a) Violations of this article shall be punishable by a fine not exceeding $100.
