ORDINANCE BILL NO. 41-09
AN ORDINANCE RELATING TO SHOPPING CARTS; AND CREATING NEW PROVISIONS
98.320. Cart Identification Required. Every shopping cart must have a permanently affixed sign that contains all of the following information:
(a) The identity of the owner of the shopping cart;
(b) A toll-free telephone number of the owner for shopping cart return; and 718 7/2009
(c) A statement that the unauthorized removal of the shopping cart from the premises is a crime under ORS 164.015. (Ord No. 41-09)
98.330. Posted Notice. An owner shall conspicuously post a sufficient number of signs on the owner’s business premises that unauthorized appropriation of a shopping cart is a crime under ORS 164.015 and to provide the toll free telephone number that members of the public may use to report abandoned shopping carts. (Ord No. 41-09)
98.340. Toll-free Telephone Line Required. (a) A toll-free telephone line shall be established, maintained and made available to the public, at the owner’s expense, for the purpose of reporting abandoned carts. (b) The agreement between the owner and the toll-free telephone provider shall provide that operator of the toll-free telephone line forward a report of each call concerning an abandoned cart to the owner and to the code compliance office, within one business day of receipt of the call, and that such report be provided through electronic mail or by fax. (c) More than one owner may use the same toll-free telephone number to share expenses. Any agreement by two or more owners to share a toll-free telephone number shall comply with the requirements of this section. (Ord No. 41-09)
98.350. Notification and Retrieval of Abandoned Carts. (a) The Code Compliance Officer or any member of the public may report the location of an abandoned cart by calling the toll-free telephone number provided by the owner. (b) If the City has notice of the location of an abandoned cart, the Code Compliance Officer shall use the toll-free telephone number provided by the owner to report the location of the abandoned cart. (c) If an abandoned cart does not have a sign with the information required by SRC 98.330, the City may take custody of the abandoned cart. If the owner can be identified, and after reasonable effort, the Code Compliance Officer is unable to contact the owner of the abandoned cart and seventy-two hours has passed, or if the owner cannot be identified, the Code Compliance Officer may dispose of the abandoned cart as provided in SRC 98.370(b). (Ord No. 41-09)
98.360. Duty to Retrieve Cart. An owner, or an owner’s contractor, shall retrieve an abandoned cart within seventy-two hours from the date the report is made to the owner under SRC 98.350. (Ord No. 41-09)
98.370. Custody and Disposition. (a) The Code Compliance Officer may take custody of an abandoned cart and impose a civil penalty of fifty dollars on the owner of the abandoned cart if the owner does not retrieve the abandoned cart within seventy-two hours after the owner receives a report of an abandoned cart under SRC 98.350. The Code Compliance Officer shall release the shopping cart to the owner after the civil penalty is paid. (b) Disposition after Thirty Days. Title to any abandoned cart not reclaimed by the owner within thirty days after notification from the Code Compliance Officer, or to any abandoned cart where the City has been unable to identify the owner after reasonable efforts and which has been in the City’s custody for thirty days, shall be forfeited to the City and the shopping cart may be sold or otherwise disposed of by the City. (Ord No. 41-09)
98.380. Violation. Failure by an owner to comply with SRC 98.320, SRC 98.330 or SRC 98.340, or to retrieve an abandoned cart under SRC 98.360 is an infraction, punishable by a fine not to exceed five hundred dollars. (Ord No. 41-09)
