Cart Ordinances

Quincy, MA

Quincy, MA
CHAPTER 5.44: SHOPPING CARTS
Section 5.44.030: Required Signs on Shopping Carts.
1) Every owner of a shopping cart shall affix to each shopping cart owned or provided by the owner a sign that includes the following information:
a) Identification of the owner of the shopping cart or the business to which it pertains or both. No business shall utilize a shopping cart that does not contain its mark or contains the mark of another business and no owner or manager of a retail or wholesale establishment shall allow such use.
b) Notification that the unauthorized removal of the shopping cart from the premises of the business establishment, or the unauthorized possession of the shopping cart is a violation of law.
c) A telephone number and address for returning the shopping cart to its owner or to the business establishment identified thereon.
Section 5.44.040: Abandonment Prohibited
1) It shall be unlawful for any person to cause or permit any shopping cart to be abandoned on or upon any public property as defined in this chapter or any private property other than the premises of the owner of said shopping cart.
Section 5.44.050: Unauthorized Removal Prohibited
1) It shall be unlawful for any person, either temporarily or permanently, to remove a shopping cart from the premises of the owner or be in possession of a cart that has been removed from the premises of the owner without the written consent of the owner. This provision shall not apply to shopping carts removed as authorized by the owner for the purposes of repair, maintenance or disposal.
Section 5.44.060: Shopping Cart On-Site Retention
1) All business establishments utilizing shopping carts or similar devices on site shall install and maintain a sustem to retain such shopping carts within the property boundaries of the business. The business shall provide signage in conspicuous locations notifying shopping cart users of the retention system in place and how said system operates. Permitted methods of retention shall include any one of the following:
Note: Each method included in this sub-section shall be considered to be an example of an onsite retention method complying with these sections. If the Business Establishment has a method for retention that is not delineated as an example herein, then an Owner may submit a plan to the City Clerk that satisfies the itent of these sections to retain Shopping Carts on the premises of the Business Establishment and/or its Parking Lot or to ensure the immediate retrieval of Shopping Carts outside of the Business Establishment and/or its Parking Lot; no plan submitted by an Owner to the City Clerk shall be valid until approved, in writing, by the City Licensing Board Examples of methods and/or plans as follows:
a) A physical barrier, such as bollards, restricting shopping carts to the front sidewalk or front portion of the business. Physical barriers shall not interfere with fire lanes, handicap access or similar features.
b) Shopping carts equipped with a protruding vertical arm or similar device prohibiting the cart from being removed from the interior of the business.
c) A system which may be mechanical in nature requiring a deposit to use a shopping cart; deposit should be of a reasonable amount that would not deter use of the cart, but would encourage return of the cart.
d) Shopping carts are equipped with a wheel locking mechanism that is used in conjunction with an electronic barrier along the perimeter of the area within which shopping carts are allowed. The wheel locking mechanism will activate when the shopping cart crosses the electronic barrier.
e) An attendant or attendants whose sole responsibility is to manage and/or return the Business Establishment's Shopping Carts from the exterior premises of the Business Establishment and areas immediately adjacent thereto to the interior premises of the Business Establishment or another exterior area of the Business Establisjment dedicated to the containment of Shopping Carts.
f) Other similar methods or plans submitted by an Owner for the approval of the City Licensing Board which would satisfy the intent of these sections to retain the immediate retrieval of Shopping Carts outside of the Business Establishment and/or Parking Lot.
2) No Business Establishment shall allow Shopping Carts to congregate or "stack up" in such a manner as to impede ingress to or egress from the Business Establishment or any public or private way adjacent to the Business Establishment.
3) Prior to the close of each business day, every Business Establishment shall collect and secure its Shopping Carts on its premises, including its Parking Lot. This action shall be commenced no sooner than fifteen (115) minutes prior to the close of each business day.
Section 5.44.070: Mandatory Plan
1) Every owner of a business subject to this ordinance shall prepare, implement and submit to the City Clerk within ninety (90) days of the adoption of this ordinance and on an annual basis thereafter, a specific written plan to prevent the removal of shopping carts from their premises and, if removed, to retrieve the shopping carts that have been removed within 24 hours of the removal. A business may request an exemption from the annual plan filing requirement if it is able to demonstrate to the satisfaction of the City, the ability to prevent the carts from leaving the site and no carts are found abandoned after the exemption is granted.
2) Said plan shall also include, at a minimum, the name of the business, identification of business address contact information, the names of the persons responsible for implementing the plan and information on who and how to contact the appropriate individuals to resolve any plan issues or violations, an inventory of carts, employees training on cart removal and abandonment prevention.
3) Said plan shall also include a methodology for customer and community notification and outreach that shall include signage on the carts, stores, shopping bags or other outreach designed to advise their customers that they may not remove the shopping carts from the business premises. As part of customer outreach the City would encourage the provision to customers, at wholesale cost, the availability to purchase foldable carts.
Section 5.44.080: Legal Nonconforming Business
1) Any business that is nonconforming as to onsite Shopping Cart retention upon adoption of this Ordinance shall comply within six (6) months.
Section 5.44.080: Compliance and Enforcement
1) A determination of compliance and enforcement of the provisions of this Ordinances shall reside with the City of Quincy Licensing Board which shall receive and review the Mandatory Plans previously cited (5.44.050). Failure of an Owner to comply with the provisions of this Ordinance and an approved Mandatory Plan shall, in the first instance, result in a written notice citing such failure and requiring forthwith compliance. A second such failure to comply may result in the issuance of a monetary fine of no less than twenty-five follars ($25.00) per event. Each day of non-compliance shall constitute a seperate event.

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