Chapter 395, Shopping Carts
395-4 Abandoned carts without identification.
The city may impound a shopping cart that has been abandoned and does not have a sign or notice identifying the owner of the cart, or the retailer who has written consent from the owner to use the cart, and listing a valid telephone number or address though which the owner o retailer can be contacted. Any such shopping cart may be retrieved by the owner or retailer within five business days of impoundment upon a payment not to exceed $50 for each occurrence. An occurrence includes all shopping carts impounded in accordance with this section during a 24-hour period. After such five business days, the City may sell or otherwise dispose of such shopping cart.
395-5 Abandoned carts with identification.
A. The City may impound a shopping cart that has a sign or notice identifying the owner of the cart, or the retailer who has written consent from the owner to use the cart, and listing a valid telephone number or address through which the owner or retailer can be contacted, if all of the following conditions are met:
1. The shopping cart is located outside the premises or parking area of a retail mercantile establishment.
2. The City notifies the owner or retailer of the location of the cart and allows three business days from the date of such notification for the owner, retailer or authorized agent to retrieve the shopping cart, unless the immediate removal is necessary to prevent a danger to public safety.
3. The City notifies the owner or retailer upon impoundment of a shopping cart, and includes information as to how the cart may be retrieved.
4. The location that an impounded shopping cart is held is reasonably convenient to the owner, retailer, or authorized agent, and is open for business at least six hours of each business day.
5. Any fine imposed upon the owner or retailer for an impounded shopping cart does not exceed $50 for each occurrence for failure to retrieve shopping carts. An occurrence includes all shopping carts impounded in accordance with this section during a 24-hour period.
6. The owner or retailer is allowed a minimum of five business days following receipt of notice that a shopping cart has been impounded to retrieve the cart before it may sell or otherwise dispose of the cart.
B. The City may impound a shopping cart that has a sign or notice identifying the owner of the cart, or the retailer who has written consent from the owner to use the cart, and lists a valid telephone number or address through which the owner or retailer can be contacted, without meeting the conditions required by paragraphs (1) through (5) of subsection A. of this section if the City:
1. Notifies the owner or retailer within 24 hours of impounding the shopping cart, and includes information on how the cart may be retrieved;
2. Releases the cart to the owner, retailer or authorized agent without any charge or fine whatsoever, if the owner, retailer, or authorized agent attempts to retrieve the cart within five business days of notice.
