Cart Ordinances

Milwaukie, OR

Milwaukie, OR
Chapter 8.24 SHOPPING CARTS


8.24.020 Cart identification required.
Every cart provided by any owner must have a sign permanently affixed to the cart that contains all of the following information:
A. The identity of the business that owns the cart;
B. The address and a toll-free telephone number of the owner or retailer for cart return;
C. A statement that the unauthorized removal of the cart from the premises is a crime under ORS 164.015 and a violation under Chapter 8.24 of this code. (Ord. 1980 § 1, 2008)
8.24.030 Posted notice.
There shall be posted by the owner, prominently and conspicuously, at all public entrances and exits to the business, a notice in substantially the following form:
REMOVAL OF SHOPPING CARTS IS PROHIBITED BY LAW (ORS 164.015). REPORT ABANDONED SHOPPING CARTS TO TOLL FREE NUMBER.
The sign shall include the toll free telephone number for shopping cart retrieval. (Ord. 1980 § 1, 2008)
8.24.040 Toll-free telephone line required.
A. A toll-free telephone line shall be established, maintained and made available to the public, at the shopping cart owner’s expense, for the purpose of reporting abandoned shopping carts.
B. The operator of the toll-free telephone line shall forward each report concerning an abandoned shopping cart to the owner of the shopping cart and to the city of Milwaukie’s code compliance office within one (1) business day. The report may be supplied through electronic mail or by fax.
C. More than one (1) business may use the same toll-free telephone number to share expenses. The agreement shall comply with the report requirements set forth in this chapter. (Ord. 1980 § 1, 2008)
8.24.050 Retrieval and disposal of abandoned carts, fines.
A. Notification for Retrieval of Abandoned Carts.
1. The city or public reports the location of the abandoned shopping cart by calling the toll-free telephone number provided by the owner of the cart.
2. The owner shall have seventy-two (72) hours from the date the report is made to retrieve the carts from the specified locations. A contractor may be hired at the owner’s expense for retrieval of shopping carts.
3. If the city identifies, salvages, or reclaims an abandoned shopping cart it shall use the toll-free telephone line provided to report the existence and location of an abandoned shopping cart to the owner of the shopping cart if the owner is identifiable.
4. If a cart does not have a sign with the information required by Section 8.24.020, the city shall make a reasonable effort to identify and contact the owner of the cart and report the existence of an abandoned shopping cart. If the city is able to identify the owner of the cart, the owner shall have seventy-two (72) hours from the date the report is made to retrieve the cart. If the city is unable to identify the owner of the shopping cart after reasonable effort has been made and seventy-two (72) hours has passed, the city may take custody of the cart.
B. Fine. The city may take custody of an abandoned shopping cart and impose a fine of fifty dollars ($50.00) on the owner of the shopping cart if the owner does not retrieve the shopping cart within seventy-two (72) hours after the city makes a report under subsection A or after the owner receives a report under Section 8.24.040. The city may release the cart into the custody of the owner after the fine is paid.
C. Disposition of Carts after Thirty Days. For any cart not reclaimed from the city within thirty (30) days after notification to the owner, or if the city is unable to identify the owner of the cart after reasonable efforts and the cart has been in the city’s custody for thirty (30) days, the city may take title to the shopping cart in its custody and the cart may be sold or otherwise disposed of by the city. (Ord. 1980 § 1, 2008)
8.24.060 Violation.
A Any owner violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed five hundred dollars ($500.00), unless otherwise stipulated.
B. When the violation is a continuous one, each day the violation continues to exist shall be deemed a separate violation, excluding Section 8.24.050 provisions. (Ord. 1980 § 1, 2008)

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