Chapter 192: SHOPPING CARTS
[HISTORY: Adopted by the City Council of the City of Saratoga Springs 4-2-1996. Editor’s Note: This ordinance also provided for the repeal of former Ch. 192, Shopping Carts, adopted 1-7-1972 as Ch. 97A of the 1970 Code, as amended. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
ARTICLE I Findings and Purpose
§ 192-1. Statement of findings and purpose.
The City Council finds that the unrestricted use of shopping carts in this city frequently results in misuse, public nuisance and hazards to public safety. The purpose of this chapter is to provide reasonable regulations in the public interest.
ARTICLE II Definitions
§ 192-2. Definitions.
The following definitions are applicable to this chapter:
ABANDONMENT — The act of leaving, deserting or giving up control and/or possession of a shopping cart in a public place.
PUBLIC PLACE — Any street, highway, sidewalk or other publicly owned property to which the public or a substantial number of persons has access.
SHOPPING CART — Any device, vehicle or wheeled container of the kind customarily provided by merchants to customers for the purpose of carrying merchandise.
ARTICLE III Abandonment of Shopping Carts
§ 192-3. Abandonment prohibited.
No person shall abandon a shopping cart in or upon any public place within the City of Saratoga Springs.
§ 192-4. Penalties for offenses.
Any person violating any of the provisions of this chapter shall be subject to the penalties set forth in Chapter 1, General Provisions, Article III of the City Code.
ARTICLE IV Removal and Redemption of Shopping Carts
§ 192-5. Shopping carts to be marked.
Every person, firm, corporation or other entity who or which makes a shopping cart available to the public shall mark said cart or cause said cart to be marked and identified conspicuously with the name and address of the owner. Such identification shall be in the form of a metal tag securely fastened to the cart or by a cutting or stamping on the frame of the cart.
§ 192-6. Removal of shopping carts from establishments.
In addition to and not in limitation of any other provision of this chapter, it shall be unlawful for any person to remove a shopping cart or permit the removal of a shopping cart from the property of the establishment or business that makes said cart available, except that such a cart may be removed to a parking area adjoining the property of said establishment or business.
§ 192-7. Carts found in public places.
In addition to and not in limitation of any other provision of this chapter, the Commissioner of Public Works shall have the authority to remove, or cause to be removed, any shopping cart found in any public place and to hold said cart in his possession until redeemed or otherwise disposed of in accordance with this article.
§ 192-8. Redemption of shopping carts.
Whenever the Commissioner of Public Works shall remove and hold a shopping cart as stated in § 192-7, he shall, within a reasonable time thereafter, mail a notice to the owner at the address shown on the shopping cart’s identification tag or stamp. Such notice shall state that each held shopping cart may be redeemed by the owner upon payment to the city’s Department of Finance of the sum of $5 per cart and shall set forth the times and places where such cart or carts may be redeemed. Payment for redemption shall be made to the Department of Finance and a receipt shall be given therefor, and said receipt shall entitle the holder to redeem said cart or carts at the place where they are held. The Department of Finance shall have the authority to require reasonable identification to demonstrate any person’s proof of ownership or right to possession.
§ 192-9. Disposal of unredeemed carts.
Any shopping carts which remain unredeemed by their owners after the mailing of a notice as provided in § 192-8, and after the passing of a reasonable time thereafter, may be sold by the city at public auction. Any cart may be redeemed by the owner at any time prior to such public auction. Any unredeemed cart which fails to sell at public auction may be destroyed or otherwise disposed of by the city.
