Sec. 20-16. Shopping carts–Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Cart means a hand-drawn or hand-propelled vehicle or wheeled container, made of metal, plastic or other material, which is generally provided by merchants for carting or carrying merchandise or foodstuffs to automobiles or other places.
Street means a street, avenue, road, alley, lane, highway, boulevard (including the full right-of-way width), concourse, median, driveway, culvert, crosswalk, sidewalk, banquette, parking lot, parking area, or place used by the general public, including parks.
(Ord. No. 22205, § 1, 5-12-04)
Sec. 20-17. Same–Responsibilities of merchants.
(a) Cart identification. No merchant, corporate or otherwise, shall provide shopping carts for use of its customers without first affixing thereto permanent, immovable identification setting forth the name of the merchant.
(b) Permitting customers to take carts off premises. Any merchant who shall directly or indirectly permit or suffer his customers to take such carts off the premises of such merchant shall be responsible under this article if the carts are abandoned or otherwise left on public streets, public property, or on private property, without the express consent of the owner or tenant thereof.
(Ord. No. 22205, § 2, 5-12-04)
Sec. 20-18. Same–Impoundment of abandoned carts; redemption by owner.
(a) Removal, redemption, destruction and notice. Any such carts abandoned or otherwise located outside the premises or parking area of a retail establishment on public streets, public property, or on private property, without the express consent of the property owner or tenant thereof, may be seized and impounded by personnel of the Jefferson Parish Department of Environmental Affairs. No cartslocated on private property shall be seized and impounded without the expressed, written authorization of the property owner or tenant thereof. The owner of the cart, or his or her agent, shall have three (3) business days, from the date the owner and/or manager/assistant manager on duty receives actual notice via hand-delivery or certified mail from the Jefferson Parish Department of Environmental Affairs, to retrieve the cart without charge. Following the three-day post notification period, the parish may retrieve and store any uncollected carts. The parish shall notify owner, as specified herein, that the parish has possession of said carts which may be reclaimed by the owner or his agent. Any cart not reclaimed by the owner or his or her agent after a period of ninety (90) days, shall become the property of Jefferson Parish and shall be sold at public auction, or otherwise disposed of, unless the original owner thereof shall claim them from the parish within such period and pay the sum of twenty-five dollars ($25.00) for each such cart to cover minimal retrieval cost and, in addition thereto, one dollar ($1.00) per day for storage of each cart. The storage fee shall begin upon notification to the owner and/or manger/assistant manager via hand-delivery or certified mail that the parish has possession of said cart(s).
(b) Carts with identification. Whenever the Jefferson Parish Department of Environmental Affairs shall take any cart containing identification of ownership into it’s possession, a notice shall be sent by the department by hand-delivery or certified mail to such person or business advising that such cart is held by the parish and that the cart may be retrieved within ninety (90) days, provided the retrieval and storage fees specified herein are paid. Such cart may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof, and they shall be entitled to receive such cart upon the payment of such sum. The parish will notify merchant, via the aforesaid certified mailing or hand-delivery, of the location and operational hours of the storage facility, where they may redeem their cart.
(c) [Retrieval and storage fees. ] All retrieval and storage fees shall be distributed to and used by the department of environmental affairs to offset the costs of administering and enforcing this ordinance.
(d) Carts without identification. Whenever the Jefferson Parish Department of Environmental Affairs shall take any cart without identification of ownership into its possession, said cart shall become the property of Jefferson Parish and shall be sold at public auction, or otherwise disposed of.
(Ord. No. 22205, § 3, 5-12-04)
Secs. 20-19–20-22. Reserved.
