Sec. 7-12. On-site shopping cart retention system required.
(a) It is unlawful for any business establishment which uses twenty (20) or more shopping carts at any business location within the city to fail to install and maintain an on-site shopping cart retention system for the location. A “shopping cart” is a device which consists of a basket mounted on a frame with wheels capable of being moved by a person, which device is generally and ordinarily found and used in a retail commercial business establishment by a customer or employee of the establishment for the purpose of transporting goods or merchandise from one place to another.
(b) Each such business establishment shall post signs in conspicuous locations within the business establishment premises to notify shopping cart users that an on-site shopping cart retention system is in place. Such signs shall describe how the system operates.
(c) Permitted methods of retention shall include any one of the following systems or methods:
(1) A physical barrier or barriers may be installed, such as bollards, which restrict shopping carts to the main or primary entryway to the business;
(2) Shopping carts may be equipped with protruding devices, arms or similar devices, which operate to prohibit the cart from being removed from the interior of the business establishment;
(3) A system may be used, which may be mechanical in nature, requiring a monetary deposit which is of a reasonable amount such that it does not deter usage of the cart but encourages return of the cart and allows for a refund of the deposit; or
(4) A shopping cart wheel locking system may be used in conjunction with an electronic barrier along the perimeter of the business establishment premises; such a system causes the shopping cart wheels to lock when the cart approaches or crosses the barrier location by activating the electronic barrier.
(d) Any business establishment that does not provide one of the foregoing systems or methods shall be afforded a period of six (6) months form the effective date of this section within which to comply.
(e) The owner or operator of any business establishment who or which fails to provide and maintain an on-site shopping cart retention system shall be in violation of this section.
(Ord. No. O-2006-024, § 2, 11-15-06)
