Sec. 8.10.055. - Unauthorized removal of shopping carts.
(a) "Shopping cart" means a small, wheeled vehicle, drawn or pushed by hand which has a basket and which is used by customers, agents or employees:
(1) In a retail store, to transport goods of any kind; or
(2) In a laundry or establishment for dry cleaning, to transport fabrics and the supplies necessary to clean or launder them.
(b) "Premises" includes the area within a retail store, laundry or establishment for dry cleaning and any area provided for a customer's use to park his vehicle.
(c) "Authorization" means a written document which grants authority to retrieve shopping carts for the owner.
(d) It shall be unlawful for:
(1) Any person to wrongfully remove a shopping cart from the owner's premises.
(2) Any person to wrongfully possess a shopping cart that has been removed from the owner's premises.
(3) Any person to possess a shopping cart with the serial numbers removed, obliterated or altered with the intent to deprive the owner of its possession either temporarily or permanently.
(4) Any person to leave or abandon a shopping cart at a location other than the owner's premises with the intent to deprive the owner of its possession either temporarily or permanently.
(5) Any person to alter, convert or tamper with a shopping cart.
(6) Any person to remove, obliterate or alter the shopping cart's serial numbers.
(e) This section does not apply to:
(1) The owner of the shopping cart, his agents or employees.
(2) A customer of a retail store, laundry or establishment for dry cleaning who has written permission from the owner of the shopping cart, his agents or employees to possess the shopping cart or remove it from the owner's premises.
(3) The operator of a service to retrieve shopping carts if he has complied with subsection (f).
(f) Any person who retrieves shopping carts from areas not on the owner's premises, whether as a volunteer or for compensation, must obtain written authorization from the owner authorizing him to retrieve the shopping carts. Each vehicle used to retrieve shopping carts must have a copy of the authorization from the owner of the shopping carts.
(g) It is unlawful for the owner of the vehicle used to retrieve shopping carts to fail or refuse to surrender, upon demand, to a peace officer, the copy of the authorization required by subsection (f).
(h) The owner of any shopping cart shall place a sign on his premises in a conspicuous place which contains:
(1) The name, address and telephone number of his business; and
(2) A statement that the unauthorized removal or possession of the shopping cart is a misdemeanor.
(i) Any person violating any of the provisions of this section:
(1) Upon conviction, shall be guilty of a misdemeanor and punished as provided in section 1.04.010; or
(2) Shall be subject to provisions of Chapter 1.05 of the Code.
(Ord. No. 3334, § 1, 11-25-85; Ord. No. 5068, § 1, 11-9-99)
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