ARTICLE I: ABANDONED SHOPPING CART ORDINANCE
Section 54-2: Findings and purpose.
a) The city council of the City of Jackson, Mississippi, finds that abandoned shopping carts in the city create potential hazard to the health and safety of the public, as well as, interfere with pedestrian and vehicular traffic. The accumulation of said 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; resulting in the creation of a public nuisance. This article is intended to ensure that measures are taken 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 54-3: Definitions.
a) The definitions set forth in this section shall govern the application and interpretation of this article.
1) Abandoned cart shall mean any cart that has been removed, without the written consent of the owner, from the owner’s business premises or parking area of the retail establishment of which the cart owner’s business premises are located on either public or private property. The owner’s business premises may include a multistore shopping center with shared areas of parking and public access.
2) Cart or shopping cart means a basket which is mounted on wheels, or a similar device, generally used in a retail or commercial establishment by a customer for the purpose of transporting goods of any kind, including a basket used in a Laundromat or similar business.
3) Owner shall mean a person or business owning or using shopping carts in connection with its business.
Section 54-4: Unlawful possession and abandonment of carts.
a) This section shall not apply to carts removed from said business, as authorized by the owner, for the purposes of, but not limited to, maintenance, repair or disposal.
1) It shall be unlawful for any person to remove a shopping cart or laundry cart form the premises or parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
2) 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.
3) It shall be unlawful for any person to be in possession of any shopping cart or laundry cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
4) It shall be unlawful for any person to leave or abandon a shopping cart or laundry cart at a location other than the premises or parking area of the retail establishment of the owner of said cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
5) It shall be unlawful for any person to:
I) Alter, convert, or tamper with a shopping cart or laundry cart; or
II) To remove any part or portion thereof; or
III) To remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
6) It shall be unlawful to be in possession of any shopping cart or laundry cart, while that cart is not located on the premises or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
Section 54-6: Enforcement.
a) Any person who violates any prohibition of this article shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for not more than 90 days, or by both such fine and imprisonment.
Section 54-7: City retrieval of carts.
a) The city may retrieve an abandoned cart from public property (or private property with the consent of the property owner) in the following circumstances:
1) Where the location of the shopping cart will impede emergency services;
2) When the abandoned cart does not identify the owner of the cart, as required in section 54-5; or
3) When the city has contacted the owner or the owner’s agent and notified them of the abandoned cart, and the cart has not been retrieved within 72 hours.
Section 54-8: Impoundment, retrieval, and payment of costs.
a) If the city retrieves a cart, the city shall hold the cart at a location that is reasonably convenient to the owner where it shall be held until redeemed, sold or otherwise disposed of as provided in this chapter.
b) Where the city has not already provided notice to the owner that an abandoned cart needs to be retrieved, the city shall notify the owner that the city has impounded their cart, pursuant to MCA 1972, § 21-39-21, as amended. No cart shall be delivered to a person seeking to redeem the same unless proof is submitted establishing, to the satisfaction of the city, such person’s ownership or right to possession. Any delivery to a person deemed entitled thereto by the city, from the proof submitted, shall be an absolute defense of the city against any other person claiming to be entitled thereto.
c) If a cart is not retrieved by its owner within 120 days after the owner has received notice of the cart being impounded, or if the cart’s owner cannot be determined within 120 days after the cart has been impounded, the cart may be sold at public auction pursuant to MCA 1972, § 21-39-21, as amended. Any cart or carts may be redeemed by the owner thereof at least two days prior to such public auction upon payment to the city of the sum of $20.00 for each cart. No cart shall be delivered to a person seeking to redeem the same unless proof is submitted establishing, to the satisfaction of the city, such person’s ownership or right to possession. Any delivery to a person deemed entitled thereto by the city, from the proof submitted, shall be an absolute defense of the city against any other person claiming to be entitled thereto.
Section 54-9: Use of funds.
a) Upon a redemption or sale of a shopping cart, the proceeds shall be deposited in the general funds of the city.
