[HISTORY: Adopted by the City Council of the City of Binghamton 7-15-1996 by Ord. No. 118-96 (Ch. 9, §§ 9-60 through 9-63, of the 1970 Code). Amendments noted where applicable.]

§ 346-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENT — The act of leaving, deserting or giving up control and/or possession of a shopping cart in a public place.

PUBLIC PLACE — Any street, highway, sidewalk or other publicly owned property to which the public or a substantial number of persons has access.

SHOPPING CART — Any device, vehicle or wheeled container of the kind customarily provided by merchants to customers for the purpose of carrying merchandise.

§ 346-2. Shopping carts to be marked.
Every supermarket or business establishment which makes a shopping cart available to the public shall permanently mark said cart with the name and address of the owner.

§ 346-3. Removal of shopping carts from establishments.
It shall be unlawful for any person to remove a shopping cart or permit the removal of a shopping cart from the property of the establishment or business that makes said cart available, except that such a cart may be removed to a parking area adjoining the property of said establishment or business.

§ 346-4. Carts found in public places. [Amended 10-6-1997 by Ord. No. 97-143; Amended 2-5-14 by Ord. No. 14-4]

A. The Commissioner of the Public Works Department is hereby authorized to remove or cause to be removed any shopping carts found in any public area and to store said cart until it is redeemed or otherwise disposed of.

B. Within 30 days after said removal, the Commissioner shall mail a notice, by first-class mail, to the owner of the cart, stating that each cart may be redeemed by the owner upon payment to the City Treasurer of the sum of $50.00 per cart.

C. Any carts remaining unredeemed after a reasonable time may be destroyed or otherwise disposed of by the Public Works Department.

About Shopping Cart Ordinances

Retailers can struggle to stop cart abandonment, often paying up to $15,000 a year on replacement carts and municipal fines and fees due imposed by communities. These cart regulations and laws are put in place to not only control the environmental impact of abandoned carts, but also to keep towns and cities clean.

Most shopping cart ordinances fall into three categories: The first category is regulations requiring retailers to have a plan to contain and collect errant shopping carts. Secondly, those that define the fines and penalties a city may impose on retailers for abandoned or errant shopping carts. Finally, the third category of rules generally requires retailers to have a system to contain shopping carts, preventing abandonment.