SECTION 11.33A SHOPPING CARTS PROHIBITED ON PUBLIC WAYS
As used in this section, the following words shall have the following meaning:
Business: any retail establishment which supplies shopping carts for use by its customers.
Parking lot: any parcel of land, including areas of ingress and egress, under the control of a business and used for parking motor vehicles in conjunction with the daily operation of the business.
Shopping cart: any vehicle designed for human propulsion of goods and merchandise in and around a business.
Revised: 6/30/08 1122
.2 ON-SITE RETENTION OF SHOPPING CARTS
Every shopping cart shall have affixed thereto a permanent tag, label or identification plate containing the name and address of the owner.
Failure to attach said identification shall be punishable by a fine of $20.00.
Every business shall implement and maintain a system to retain shopping carts within the business building or parking lot. The business shall posts notices in a conspicuous location on the premises advising customers of the operation of the retention system.
Acceptable methods of on-site retention include the following:
.1 a physical barrier, such as bollards, restricting shopping carts to a portion of the exterior of the business; provided that said barriers shall not interfere with fire lanes, handicapped access or similar building features;
.2 a protruding vertical arm or similar device attached to the cart which prevents its removal from the interior of the business;
.3 a system requiring the user to remit collateral, including but not limited to a refundable monetary deposit; provided that said collateral is reasonable in scope and designed to encourage return of the shopping cart;
.4 a wheel-locking mechanism installed on the cart in conjunction with an electronic barrier along the perimeter of the business property which activates when the cart
crosses the barrier;
.5 a plan approved by the Director of Public Works which satisfies the intent of this ordinance.
.3 DISPOSAL OF SHOPPING CARTS ON PUBLIC WAYS
.1 Failure to prevent removal of shopping carts from the business premises may result in impoundment of said cart and in fines issued pursuant to Massachusetts General Laws, Chapter 40 Section 12D in accordance with the following schedule:
1st-3rd cart $20.00 per cart
4th and subsequent carts $50.00 per cart.
.2 The Director of Public Works or his designee may impound shopping carts found on public or private ways within the city of Malden, provided that the owner is notified within 48 hours of said removal by delivery of a citation, as required in paragraph A above.
.3 The Director of Public Works shall, upon payment of fines, release any impounded shopping cart to the business identified as owner of the cart; provided that, if at the expiration of 30 days from the date of impoundment, fines have not been paid or no hearing, as provided in Massachusetts General Laws Chapter 41 Section 21D, has been requested, the shopping cart shall be deemed to be abandoned.
.4 The Director of Public Works may, as he deems appropriate dispose of abandoned shopping carts in the following manner:
.1 by return to the owner upon payment of fines and costs;
.2 by public auction;
.3 by destruction of the carts.
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