CHAPTER 4-30 SHOPPING CART IMPOUNDMENT AND DISPOSAL
4-30-105 CART IDENTIFICATION REQUIRED.
Every person who, in connection pith the conduct of a business including but not limited to a food dispensing business, owns or makes any cart available to the public, shall mark or cause the same to be marked and identified conspicuously with the name, address and telephone number of the owner. Such identification shall be in the form of a metal or plastic tag or plate securely fastened to the cart or a cutting or standing on the frame of the cart.
4-30-110 REMOVAL FROM SHOPPING ESTABLISHMENT PROHIBITED.
It shall be unlawful for any person except the owner of the cart or the owner’s agent to remove the cart from the premises of the business that owns or rightfully possesses the cart.
4-30-115 ABANDONMENT PROHIBITED.
It shall be unlawful for any person, or an agent thereof, to leave or permit to be left, any cart, either owned by him or in his possession, custody or control, upon any sidewalk, street or other public place, or upon any private property except that of the owner of such cart.
4-30-120 REMOVAL BY CITY.
The City shall remove or cause to be removed any cart found upon any street, other public place or upon any private property except that of the owner of the cart, and shall take same to City property where it shall be held until redeemed, sold or otherwise disposed of, as hereinafter provided.
4-30-125 NOTICE OF REMOVAL AND REDEMPTION.
Whenever the City shall take any cart containing identification of ownership or right to possession, a notice shall be sent by ordinary mail to such person advising that such cart is held by the City and that the cart may be redeemed within fifteen (15) days upon payment of an impoundment fee established by resolution of the City Council.
4-30-130 REDEMPTION BY OWNER—PROOF OF OWNERSHIP—DEFENSE TO ADVERSE CLAIMANT.
An impounded cart may be redeemed by the owner or the owner’s agent, at any time prior to disposal. The owner or agent of owner shall be entitled to receive the cart upon payment of the impoundment fee. No cart shall be released to a person seeking to redeem, unless proof is submitted establishing to the satisfaction of the City such person’s ownership or right to possession. Any release to a person deemed entitled thereto by the City from the proof submitted, shall be an absolute defense of the City against any other person claiming to be entitled thereto.
4-30-135 DISPOSAL BY THE CITY.
Thirty (30) days after notice to the owner, any unclaimed carts may be disposed of by the City. Carts that are unidentifiable as to ownership may be disposed of by the City thirty (30) days after impounding.
4-30-140 LIABILITY.
Any disposition of such cart made pursuant to this Chapter shall be without any liability of the City to the owner of such cart or other person lawfully entitled thereto or having an interest therein.
