Fall River, MA
ORDINANCE NO. 2012-20
Section 26-46: Containment; Prohibition of Removal, Possession, or Abandonment
a) Each owner must contain all shopping carts to the premises of the commercial establishment at all times.
b) Any instance in which a shopping cart provided by an owner is found off the premises of the commercial establishment shall be considered a violation of this article.
c) It shall be unlawful to temporarily or permanently remove a shopping cart from the premises of a commercial establishment.
d) It shall be unlawful to possess any shopping cart removed from the premises of a commercial establishment with the intent to temporarily or permanently deprive the owner of possession.
e) It shall be unlawful to leave or abandon a shopping cart at a location other than the premises of the commercial establishment providing the shopping cart.
f) This section shall not apply to shopping carts that are removed for the purposes of repair or maintenance.
Section 26-47: Removal Warnings; Posting of Signs
a) An owner shall conspicuously post and maintain shopping cart removal warnings at all public entrances and exits of the commercial establishment. Said warnings shall notify the public that the removal of a shopping cart from the premises is a violation of law.
Section 26-48: Shopping Cart Identification Required
Every owner of shopping carts shall conspicuously and permanently affix thereto:
a) Name, address, and telephone number of the store or business from which the shopping cart is made available or permitted to be utilized; and
b) Notice indicating that the removal of the shopping cart from the premises is a violation of law.
Section 26-49: Retrieval, Impoundment, and Notification
a) The Director, or his designee, is hereby authorized to seize and retrieve any abandoned shopping cart within the city and cause the same to be taken to a facility for redemption or disposition as hereinafter provided.
b) Seizure or retrieval by the Director or his designee shall not relieve the owner of the responsibility of compliance with this article or any penalty provided herein.
c) Notice of impoundment shall be sent by regular mail to the owner at the address provided on the shopping cart as required in Section 26-48 advising said owner of impoundment, impoundment fee and the fine for violation of this article.
d) The owner shall be allowed seven (7) business days from notice of impoundment to retrieve the abandoned shopping cart without implementation of a fine for violation of Section 26-46. The owner shall be assessed a $25.00 impoundment fee, for each retrieved shopping cart, by the Director or his designee. No property shall be delivered to a person seeking to redeem the same unless proof establishing ownership is submitted to the satisfaction of the Director or his designee.
e) Failure of an owner to redeem a shopping cart within thirty (30) days from the date of notice of impoundment may result in the Director’s disposition of the property and assessment of a fine as provided in Section 26-50. Disposition by the Director shall not relieve the owner from any fine resulting from a violation of this article.
f) If the owner of any shopping cart cannot be determined, due to the absence of identification as required in Section 26-48 or otherwise, the Director may promptly dispose of the shopping cart.
Section 26-50: Penalties
a) The fine for violation of Section(s) 26-46, 26-47 and 26-48 of this Article shall result in a $100.00 fine.
b) Violation of each Section listed in Section 26-50(A) shall be considered a separate offense.
c) All of the monies received from fines under this article shall be allotted to the budget for the Department of Community Maintenance.
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