Chapter 8.36 SHOPPING CARTS
8.36.030 Unlawful shopping cart removal, use and possession.
A. It is unlawful for any person, whether for compensation or otherwise, to remove a shopping cart from the premises of any business establishment, unless the shopping cart owner has authorized such removal in writing. Any person engaged in the removal of a shopping cart from the premises of any business establishment shall carry with him or her the written authorization for removal described in this subsection.
B. It is unlawful for any person, whether for compensation or otherwise, to use or possess a shopping cart outside the premises of the business establishment indicated on the identification sign attached to the shopping cart or, if there is no attached identification sign, of the business establishment that provides the shopping cart for use by its customers, unless the shopping cart owner has authorized the use or possession thereof in writing. Any person who uses or possesses a shopping cart outside the premises of such business establishment shall carry with him or her the written authorization for possession and use described in this subsection.
C. It is unlawful for any person to fail or refuse to provide or show the authorization (s) described in subsection A and subsection B hereof to an authorized city official upon request therefor.
D. This section does not apply to:
1. An authorized city official, or the agent or designee thereof, acting within the scope of his or her duties and in accordance with this chapter; or
2. The shopping cart owner.
(Ord. 1707 § 1 (part), 2002)
8.36.040 Shopping cart retrieval.
A. A shopping cart owner is responsible at its expense for promptly removing and retrieving its shopping cart from any public property, and for promptly repairing in a good and workmanlike manner any damage to public property caused by or resulting from such shopping cart being situated on or removed from public property.
B. It is unlawful for any person, whether for compensation or otherwise, to retrieve a shopping cart from private property unless the owner of such private property and the shopping cart owner have both authorized such retrieval in writing. Any person engaged in the retrieval of a shopping cart from private property shall carry with him or her the written authorizations for retrieval described in this subsection.
C. Subsection B of this section does not apply to an authorized city official, or the agent or designee thereof, acting within the scope of his or her duties and in accordance with this chapter and applicable law.
D. It is unlawful for any person to fail or refuse to provide or show the authorizations described in subsection B to an authorized city official upon request therefor.
(Ord. 1707 § 1 (part), 2002)
8.36.050 Signage requirements.
Each and every shopping cart owner shall:
A. Prominently and conspicuously post a notice with minimum dimensions of eight inches by eleven (11) inches at all entrances to the premises and at all entrances to the business establishment, in substantially the following form: “Removal of shopping carts from these premises is prohibited by law.”
B. Prominently and permanently affix to each shopping cart an identification sign.
(Ord. 1707 § 1 (part), 2002)
8.36.060 Mandatory implementation and ongoing use of measures to prevent removal of, or ensure prompt retrieval of, shopping carts.
A. Except as provided in Section 8.36.060D, each and every shopping cart owner shall implement and enforce, on an ongoing basis and at all times, measures to contain its shopping carts within the premises of its business establishment and/or to prevent any unauthorized person from removing one or more shopping carts from such premises. Permitted measures include any or all of the following:
1. A wheel locking mechanism installed on all shopping carts and used in conjunction with an electronic barrier along the perimeter of the premises, which is activated when a shopping cart crosses the electronic barrier;
2. A physical barrier, such as bollards, restricting shopping carts to a specific area of the premises;
3. A mechanical system requiring a reasonable deposit to use a shopping cart;
4. Shopping carts equipped with a protruding arm or similar device prohibiting a cart from being removed from the interior of a business establishment; or
5. Any other similar method that prevents the removal of shopping carts from the premises.
B. Each and every shopping cart owner shall post a sign having minimum dimensions of twelve (12) inches by eighteen (18) inches in a conspicuous location at each entrance to the premises notifying shopping cart users of the containment measures put into place pursuant to this section.
C. Each and every shopping cart owner shall implement shopping cart containment measures and otherwise come into compliance with the requirements of this section within three months of final approval of this ordinance by the city council of the city.
D. A shopping cart owner is exempt from the requirements of subsections A, B and C of this Section 8.36.060 during any period of time in which such shopping cart owner implements, enforces and utilizes measures for retrieving shopping carts from public property daily and returning such shopping carts promptly to the shopping cart owner. Permitted measures include any or all of the following:
1. Entering into a written contract with a cart retrieval service requiring the daily retrieval of shopping carts from public property, and the return of such shopping carts to the shopping cart owner;
2. Daily retrieval by the shopping cart owner of its shopping carts from public property; or
3. Any other similar method that results in the daily retrieval of shopping carts from public property.
E. Within thirty (30) calendar days following request of the city manager, each shopping cart owner shall provide to the city manager, or his or her designee, information concerning the adequacy and effectiveness of the shopping cart containment or retrieval measures implemented pursuant to this Section 8.36.060, and any similar information as requested by the city manager.
(Ord. 1707 § 1 (part), 2002)
8.36.070 Penalty for failure to comply with Section 8.36.060.
A. If a shopping cart owner fails to implement shopping cart containment or retrieval measures in compliance with Section 8.36.060, or if, after such measures are implemented, the shopping cart owner fails to enforce such measures on an ongoing basis, the city shall give notice of noncompliance to such shopping cart owner, which notice of noncompliance shall set forth the following:
1. That the shopping cart owner is in violation of Section 8.36.060 of the North Las Vegas Municipal Code;
2. That pursuant to Section 8.36.070B of the North Las Vegas Municipal Code the City shall levy a penalty against the shopping cart owner in the amount of twenty-five dollars ($25.00) for each calendar day the shopping cart owner is not in compliance with Section 8.36.060;
3. That the shopping cart owner may submit a written request for an administrative hearing as described in Section 8.36.100 of the North Las Vegas Municipal Code within ten (10) calendar days after the date of the notice, which hearing shall be conducted in accordance with this chapter;
4. That the levy of a penalty pursuant to Section 8.36.070B shall be stayed during the pendency of the administrative hearing requested pursuant to Section 8.36.100; and
5. That the shopping cart owner will be deemed to have waived its right to an administrative hearing if a written request for a hearing is not submitted to the city within ten (10) calendar days after the date of the notice.
B. If on the eleventh (11th) calendar day following the date of the notice required by Section 8.36.070A, the shopping cart owner who was given the notice under Section 8.36.070A remains noncompliant with Section 8.36.060 and has failed to file with the city a written request for an administrative hearing, then the city shall assess a civil penalty against such shopping cart owner in the amount of twenty-five dollars ($25.00) for each calendar day of noncompliance with Section 8.36.060.
(Ord. 1707 § 1 (part), 2002)
8.36.090 Impound of abandoned shopping cart; notice; impound fee; retrieval by shopping cart owner; disposal by city.
A. Within four business days after the city impounds an abandoned shopping cart pursuant to this chapter, the city shall give notice of impound to the shopping cart owner of the abandoned shopping cart setting forth the following:
1. The date and the location from which the city retrieved the abandoned shopping cart;
2. The location at which the city has impounded the abandoned shopping cart, and its hours of operation;
3. The estimated impound fee as of the date of the notice, and a statement of the amount, if any, by which the impound fee will increase for each calendar day the abandoned shopping cart remains impounded with the city or its agents;
4. That the shopping cart owner of the abandoned shopping cart has thirty (30) calendar days from the date of the notice of impound to retrieve the abandoned shopping cart from the impound location upon payment of the impound fee calculated in accordance with Section 8.36.090B of the North Las Vegas Municipal Code and upon provision to the city of reasonable proof of ownership;
5. That an abandoned shopping cart that is not retrieved from the impound location within the thirty (30) day time period permitted by Section 8.36.090 (A) (4) will be deemed to be permanently abandoned, and the city may exercise any or all of the remedies permitted by this chapter with respect thereto, but the exercise of such remedies will be stayed during the pendency of an administrative hearing requested pursuant to Section 8.36.090 (A) (6);
6. That the shopping cart owner of the abandoned shopping cart may submit a written request for an administrative hearing as described in Section 8.36.100 of the North Las Vegas Municipal Code within ten (10) calendar days after the date of the notice of impound, which hearing shall be conducted in accordance with this chapter;
7. That the shopping cart owner of the abandoned shopping cart will be deemed to have waived its right to an administrative hearing if a written request for a hearing is not submitted to the city within ten (10) calendar days after the date of the notice of impound.
B. Each and every time the city, or its agents, impounds an abandoned shopping cart, the city, or its agents, shall assess an impound fee against the shopping cart owner. The impound fee shall be the sum of following amounts:
1. The actual cost to the city of retrieving and transporting the abandoned shopping cart; and
2. An administrative fee of fifteen percent (15%) of the actual cost to the city of retrieving, transporting and storing the abandoned shopping cart at the impound location.
C. Any impounded shopping cart not retrieved from the city within thirty (30) calendar days from the date of the notice of impound shall be deemed to be permanently abandoned. The city, at its option, may take any of the following actions:
1. Retain the abandoned shopping cart in impound;
2. Release such abandoned shopping cart to the shopping cart owner upon payment of the impound fee;
3. Sell the abandoned shopping cart at a public auction;
4. Destroy the abandoned shopping cart; or
5. Dispose of the abandoned shopping cart in any lawful manner.
In the event the city sells the impounded shopping cart pursuant to Section 8.36.090 (C) (3), the shopping cart owner remains liable to the city for all impound fees plus the costs of the sale. Any proceeds from the sale of an abandoned shopping cart shall be applied first to the costs of the sale and second to the amount of the impound fee. The remainder of the sale proceeds, if any, after payment of all costs and expenses and the impound fee, shall be refunded to the shopping cart owner of the abandoned shopping cart so sold. In the event the sum of the costs of the sale and the impound fee exceeds the proceeds from the sale, then the shopping cart owner shall be required promptly to pay the deficiency to the city.
D. During the pendency of an administrative hearing pursuant to Section 8.36.100, the city shall not take the actions set forth in Section 8.36.090C.
E. For purposes of this Section 8.36.090, “Shopping cart owner” includes the apparent owner of a shopping cart when the actual ownership is unknown.
(Ord. 1707 § 1 (part), 2002)
