CHAPTER 259. IN GENERAL
259.240. Control of shopping carts.
(a) Control of shopping carts. Each business or other entity which is licensed to do business under the provisions of this Code, which provides wheeled shopping carts to its customers for their use and which permits the removal of those shopping carts from their building(s) or other enclosed area or acquiesces in the removal of those shopping carts from their building(s) or other enclosed area shall, as a condition of their license, have the following general responsibilities to the licensor:
(1) To control such shopping carts when outside a building or other enclosed area but on the licensee's property or common areas shared by the licensee so they do not become a hazard to traffic or a nuisance to the public generally.
(2) To label such carts with the name and address of their business.
(3) To make reasonable efforts to provide for the timely return of such shopping carts to their premises. Nothing in this section shall create a legal duty to anyone but the licensor.
(b) Specific duties to pick up shopping carts. Each business or other entity which is licensed to do business under the provisions of this Code, which provides wheeled shopping carts to its customers for their use, permits such shopping carts to be removed from its building(s) or other enclosed area or acquiesces in such removal from its building(s) or other enclosed area and which has failed to comply with its responsibilities pursuant to paragraph (a) as determined by the director of licenses shall, in addition to the responsibilities provided in paragraph (a) have the following additional responsibilities:
(1) To prepare and file with the department of licenses and consumer services a written plan to control shopping carts. This plan shall detail all reasonable and necessary steps to control shopping carts which have been removed from its building(s) and other enclosed area by customers with the permission and/or acquiescence of the licensee and which have then left the property of the licensee. The director, or the director's designee, shall review the plan to determine if it is sufficient to meet the goals of this section. If in the judgment of the director or the director's designee, the plan is sufficient to meet the goals of this section, the plan shall be approved by the director or the director's designee. If the plan is not sufficient to meet the goals of this section, the plan shall be revised by the licensee until it obtains the approval of the director or the director's designee. Each licensee shall comply with its approved cart control plan. If the director, or the director's designee, determines that acart control plan which has been approved is not adequate or determines that the licensee is not in compliance with its approved plan, the director, or the director's designee, may require the licensee to submit a new plan or state in writing the steps that will be taken to fully comply with the existing plan.
(2) The cart control plan shall include a commitment to search the area within one-half ( 1/2) mile radius of the business premises every day to pick up each wheeled shopping cart owned by the business and return it to the business premises or other secured location controlled by the licensee. The licensee is not required to enter private property to fulfill this responsibility. The area required to be searched and the number of daily searches to be conducted may be increased, as determined by the director, orthe director's designee, in order to meet the goals of this section.
(c) Requirement for businesses near light rail transit stations. Effective December 31, 2002, all licensed businesses located within a one-half ( 1/2) mile radius of a light rail transit station shall be required to provide a method to prevent shopping carts from leaving the building(s), except when under the control of the business' personnel, or provide an automatic locking device to prevent shopping carts from being removed from the business property.
(d) Enforcement. Failure to comply with any of the provisions of this section may subject a license holder to a citation, administrative penalty, or in extenuating circumstances, license revocation, suspension or non-renewal in accordance with the procedures established by the city council.
(99-Or-043, § 1, 4-23-99; 2002-Or-031, § 1, 4-19-02)
259.260. Abandoned shopping carts to be impounded.
Any shopping cart found abandoned upon the highways, streets, alleys, sidewalks or other public property, or on private property visible from public property, shall be deemed to be a public nuisance. A shopping cart shall be considered abandoned if the cart is not retrieved within twenty-four (24) hours of the city receiving notice of the cart's location. The failure of the owner to retrieve the shopping cart shall be considered an abandonment of that cart. An abandoned shopping cart may be impounded by the city.
(2005-Or-046, § 1, 5-27-05)
259.270. Notice to owners to redeem.
Within seven (7) working days of impounding a cart, the city shall provide notice to the owner of the impounded cart, if identifiable, of the impoundment. The notice shall set forth the number of carts that were impounded and shall direct the owner to redeem those carts within fifteen (15) days from the date of the notice.
(2005-Or-046, § 2, 5-27-05)
259.280. Redemption fee.
An owner who redeems an impounded cart shall pay to the city an administrative fee per cart to cover the costs expended by the city for retrieving the cart, notifying the owner and storing the cart. The amount of the administrative fee will be determined by the director of solid waste and recycling annually. The fee imposed by this section shall be in addition to any other fee or penalty that is imposed.
(2005-Or-046, § 3, 5-27-05; 2006-Or-003, § 1, 1-27-06)
259.290. Disposition of unclaimed carts.
Impounded carts that are not redeemed within the time period set forth by section 259.270 may be disposed of by the city. Where the owner of the cart is not identifiable, the city may dispose of the cart fifteen (15) days after the impoundment.
(2005-Or-046, § 4, 5-27-05)
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