ARTICLE VIII: ABATEMENT OF ABANDONED SHOPPING CARTS
Section 14.118: Required Signs on Shopping Carts
a) Every owner shall affix to each Shopping Cart owned or provided by the owner a sign that includes the following information:
1) Identification of the owner of the shopping cart or the business establishment to which it pertains, or both;
2) Notification that the unauthorized removal of the shopping cart from the premises of the business establishment; or the unauthorized possession of the shopping cart, is a violation of state and local law;
c) Notification of the procedure for authorized removal of the shopping cart from the premises;
d) A current telephone number for reporting the location of abandoned shopping carts; and
e) An address for returning the shopping cart to its owner or to the business establishment identified thereon.
(Ord. 2186 § 2, 2-28-2000)
Section 14.119: Penalty for Failure to Affix Required Signs
a) Any Owner who maintains or permits the use of shopping carts in violation of the provisions of Section 14.118 shall be guilty of an infraction and, upon conviction thereof, shall be punishable as set forth in Section 1.7B of this Code.
(Ord. 2186 § 2, 2-28-2000)
Section 14.120: Prohibiting Removal or Possession of Shopping Carts
a) Any person in possession of a shopping cart outside the premises of a business establishment without the express prior written approval of its owner, unless the person is in the process of immediately returning the shopping cart to the owner, shall be guilty of an infraction and, upon conviction thereof, shall be punishable as set forth in Section 1.7B of this Code. Written permission to remove a shopping cart shall be valid for a period not to exceed seventy-two (72) consecutive hours. (Ord. 2186 § 2, 2-28-2000)
Section 14.122: Mandatory Plan
a) Every owner shall prepare and implement a specific written plan to prevent their respective customers from removing shopping carts from each owner’s premises and to retrieve shopping carts that have been removed therefrom. Said plan shall, as a minimum, include the following elements and shall be subject to the hereinafter specified approvals:
1) Notices:
I) Notice to Customers: Written notice shall be provided to customers that removal of shopping carts from the premises is prohibited and a violation of state and local law. The notice may be provided in the form of flyers, warnings on shopping bags, or any other form of written notification that will provide effective notice to customers of the prohibition.
II) Signs: Signs shall be placed in appropriate places near customer exits and near parking area exits to warn customers that shopping cart removal is prohibited and constitutes a violation of State and local law.
2) Preventive Measures: Specific physical measures shall be implemented to prevent the removal of shopping carts from the owner’s premises. These measures may include, but are not limited to, devices on shopping carts that automatically disable them if they are removed from the premises, employment of personnel to advise and deter customers from removing shopping carts, installation of obstacles to prevent the removal of shopping carts, collection of security deposits for use of shopping carts, provision for rental or sale of shopping carts to customers and similar or like measures.
3) Retrieval Measures: Specific measures shall be implemented to retrieve shopping carts that are removed from the owner’s premises. Such measures may include, but are not limited to, employment of personnel or contractors to retrieve shopping carts.
4) Evaluation Report: Annually by July 1st of each year, each owner shall submit a written report to the director evaluating the effectiveness of the measures which were used by the owner during the prior year to prevent the removal of shopping carts from the owner’s premises and to retrieve shopping carts. The report shall include, but not be limited to, the inventory of shopping carts owned or used by the owner, the number of shopping carts which were retrieved after removal from the owner’s premises, and the number of shopping carts which were replaced due to loss, theft or abandonment.
5) Approval: Every plan and evaluation report submitted pursuant to this section shall be subject to the Directors reasonable approval. In the event the Director disapproves a plan or report, or any part or portion thereof the Director shall notify the owner of such disapproval and the owner shall submit a revised or modified plan to the Director within thirty (30) days of the Director’s notification. If the revised or modified plan does not conform to the reasonable requirements of the Director, the owner shall be subject to prosecution therefor pursuant to the provisions of Section 14.123 without limitation upon such other penalties and remedies as the Director may pursue.
(Ord. 2186 § 2, 2-28-2000)
Section 14.123: Penalty for Failure to Prepare and Implement Written Plan
a) Any owner who fails to submit to the Director for approval the plan required under Section 14.122 within 30 days of the effective date of the ordinance enacting this Article, or within 60 days of the commencement of the owner’s business, whichever is later, or who fails to submit the evaluation report described in subsection D of Section 14.122, or who fails to implement the measures established in an approved plan, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Section 1.7A of this Code.
b) In addition to the penalties hereinabove provided, and as an administrative remedy upon a finding of violation, the Director is hereby authorized to require installation of disabling devices on all shopping carts which prevent their removal from an owner’s premises with respect to any owner who violates the provisions of subsection A of this Section.
(Ord. 2186 § 2, 2-28-2000)
Section 14.125: Immediate Impoundment
a) Notwithstanding the provisions of Section 14.124, and as an alternative thereto, the Director may retrieve and impound any abandoned shopping cart without providing the three (3) day notice specified in Section 14.124; provided, that the Director shall give actual notice to the owner of the impounded shopping cart within twenty-four (24) hours following the impound, which notice shall inform the owner of the location where the shopping cart may be claimed. Any shopping cart reclaimed by the owner within three (3) business days following the date of such notice shall be released and surrendered to the owner at no charge, including waiver of any impound and storage fees or fines which otherwise would be applicable. The abandonment of any such shopping cart so retrieved within the three (3) day period shall not be deemed an occurrence for purposes of prosecution or imposition of administrative costs and fines under this Article.
b) The owner of any shopping cart not reclaimed within three (3) business days following the date of actual notice as provided hereinabove shall be subject to prosecution or the imposition of any administrative costs, fees, fines, interest and other penalties applicable under this Article commencing on the fourth business day following the date of notice.
c) Any shopping cart not reclaimed by the owner within thirty (30) days of the date of receipt of actual notice as provided hereinabove may be sold or disposed of pursuant to Section 14.127. (Ord. 2186 § 2, 2-28-2000)
