Cart Ordinances

New Britian, CT

New Britian, CT
ARTICLE IX. - DISPOSITION OF LOST, STOLEN OR ABANDONED SHOPPING OR LAUNDRY CARTS



Sec. 21-190. - Purpose.



The proliferation of lost or stolen shopping or laundry carts abandoned or discarded on public and private property causes blighting conditions in the community, results in the obstruction of free access to public and private sidewalks, streets, parking lots and other ways, and impedes emergency services. For the aforesaid reasons, such lost, stolen or abandoned shopping or laundry carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this article. The purpose of this article is to set forth reasonable regulations for the removal of lost or abandoned shopping or laundry carts from public or private property, to complement and supplement provisions of state law, and to adopt local regulations to the extent not otherwise preempted by state statute.



Sec. 21-191. - Definitions.



For the purposes of this article, the following definitions shall apply:



Shopping cart means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. The term "shopping cart" includes a laundry cart.



Laundry cart means a basket which is mounted on wheels and used in a coin-operated laundry or dry-cleaning retail establishment by a customer and an attendant for the purpose of transporting fabrics and the supplies necessary to process them.



Police officer means a police officer employed by the City of New Britain.



Public works employee means an employee of the department of public works of the City of New Britain.



Required identification means all the information required to identify the name of the owner. The identification should be permanently affixed with the following information:



(a) Identifying the owner of the cart or the retailer, or both.



(b) Notifying the public of the procedure to be utilized for authorized removal of the cart from the premises.



(c) Notifying the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of law.



(d)Listing a valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer.



Sec. 21-192. - Enforcement.



The provisions of this article shall be enforced by any police officer or public works employee. To the extent otherwise permitted by law, said City of New Britain police officers may enter onto any public or private property in the city to retrieve, remove, store and dispose of any lost, stolen or abandoned shopping or laundry cart, or any part thereof. To the extent otherwise permitted by law, said City of New Britain public works employees may enter onto any public or private property in the city to retrieve, remove, store and dispose of any lost, stolen or abandoned shopping or laundry cart, or any part thereof.



Sec. 21-193. - Retrieval of shopping or laundry carts.



The city may immediately retrieve any lost, stolen or abandoned shopping or laundry cart where the cart causes blighting conditions in the community, result in the obstruction of free access to public and private sidewalks, streets, parking lots and other ways, and impede emergency service.



Sec. 21-194. - Storage and disposal of shopping or laundry carts.



(a) Any shopping or laundry cart retrieved by the City of New Britain pursuant to section 21-193, retrieval of shopping or laundry carts, shall be impounded and removed to the transfer station.



(b) Any shopping or laundry cart which does not have identification affixed thereto and is impounded by the City of New Britain shall be stored and disposed as follows:



(1) The personnel retrieving the shopping or laundry cart shall attach a tag thereto, or make a written report, identifying the date, time and general location from where the shopping cart was removed as well as the name of the personnel who retrieved the shopping or laundry cart.



(2) The shopping or laundry cart shall be delivered and custody thereof given to the custodian at the transfer station.



(c) If the shopping or laundry cart has the name, address, telephone number, or other identifying marks of any retail establishment or person thereon, the city shall attempt to notify such establishment of the retrieval and location of the shopping or laundry cart and provide an opportunity for such establishment or person to establish ownership or the right to possession of the retrieved shopping or laundry cart to the custodian.



(d) The shopping or laundry cart shall be released to any establishment or person who submits evidence satisfactory to the custodian to prove ownership or the right to possession of the shopping or laundry cart. The shopping or laundry cart shall be released only upon payment of the fifteen dollar ($15.00) retrieval fee by cash or certified check payable to the City of New Britain.



(e) If the owner or other person or establishment entitled to possession of the shopping or laundry cart does not appear and present evidence satisfactory to the custodian for the release of the shopping or laundry cart within two (2) calendar days excluding Saturday and Sunday following the date of the notice of violation provided pursuant to subsection (c) above, the shopping or laundry cart may be sold or disposed of by the custodian.



Sec. 21-195. - Criminal prosecution.



Any person who wrongfully removes a shopping or laundry cart from the owner shall be subject to criminal prosecution as provided for in the Connecticut General Statutes.



Secs. 21-196—21-209. - Reserved.

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