ORDINANCE NO. 3472

7.16.020 REQUIREMENTS FOR SHOPPING CART PROVIDERS.

A. A person that supplies shopping carts for public use at the person’s business shall:
1. Post signs in sufficient number to give notice to members of the public entering onto or leaving the business premises that unauthorized appropriation of a shopping cart is a crime under ORS 164.015, and provide a toll-free or local telephone number that members of the public may use to report abandoned shopping carts; and
2. Identify the person’s business on each shopping cart and post a sign on the shopping cart that:
a. Notifies any member of the public using the shopping cart that unauthorized appropriation of a shopping cart is a crime under ORS 164.015; and

Provides a toll-free or local telephone number for use in reporting an abandoned shopping cart; and

3. Establish, maintain and make available to the public, at the person’s own expense, a toll-free or local telephone line for the purpose of reporting abandoned shopping carts. If the person who provides the carts has a contractor who receives the calls concerning abandoned shopping carts, that contractor shall forward each report the contractor receives concerning an abandoned shopping cart to the owner of the shopping cart and to the City’s Code Enforcement Office within one business day after the contractor receives the report; and

4. Retrieve or contract for the retrieval of abandoned shopping carts.

7.16.030 RETRIEVAL AND DISPOSAL OF CARTS, FEES.

A. A person may agree with other persons to share and to pay expenses related to the toll-free telephone line described in RMC 7.16.020(A)(3).

B. A person shall retrieve a shopping cart that the person owns within 72 hours after receiving the notification that the shopping cart has been abandoned.

C. If the City identifies, salvages or reclaims an abandoned shopping cart, it shall use the toll-free telephone line to report the existence and location of an abandoned shopping cart to the owner of the shopping cart, if identifiable.

D. The City may take custody of an abandoned shopping cart and impose a fine of $50.00 on the owner of the shopping cart if the owner does not retrieve the shopping cart within 72 hours after the City makes a report.

E. The City may release a shopping cart held in the City’s custody to the owner upon payment of the $50.00 fine.

F. The City may take title to a shopping cart in the City’s custody and dispose of the shopping cart as the City deems appropriate, if the owner does not claim the shopping cart within 30 days.

About Shopping Cart Ordinances

Retailers can struggle to stop cart abandonment, often paying up to $15,000 a year on replacement carts and municipal fines and fees due imposed by communities. These cart regulations and laws are put in place to not only control the environmental impact of abandoned carts, but also to keep towns and cities clean.

Most shopping cart ordinances fall into three categories: The first category is regulations requiring retailers to have a plan to contain and collect errant shopping carts. Secondly, those that define the fines and penalties a city may impose on retailers for abandoned or errant shopping carts. Finally, the third category of rules generally requires retailers to have a system to contain shopping carts, preventing abandonment.