El Paso, TX
Section 9.04.920: Shopping Cart Control
a) Occupants shall comply with the following Shopping Cart control requirements:
1) Shopping Cart Recovery. Occupants shall immediately recover, upon sight or notice, any Shopping Cart that is not contained within the parking area of the establishment providing the shopping cart. Notice may be provided verbally or in written form by a City official or by any Person witnessing the occurrence. Occupants shall also immediately recover their Shopping Carts that are located anywhere in the City to include, but not to be limited to, the following locations:
I) Shopping carts located on a City street, alley or right-of-way;
II) Shopping carts located in City storm water conveyance or ponding areas, including arroyos; and/or
III) Shopping carts located on sidewalks or on private property.
2) Shopping Cart Maintenance. Occupants shall ensure that each Shopping Cart provided by the Occupant’s Retail or Service Establishment clearly identifies the owner of the Shopping Cart by a sign, label or imprinted logo. Occupants shall ensure that uncontained Shopping Carts are located and recovered by conducting a search and recovery of nearby (within a one- (1) mile radius) property, neighborhoods and areas of frequent Shopping Cart accumulation at least once every seven (7) calendar days. Occupants shall also maintain a written schedule for regular Shopping Cart control and make such schedule available to any City official authorized to enforce the provisions of this Chapter, upon request of said official.
3) Impoundment. The City shall impound any Shopping Cart not contained within the parking area of the Retail or Service Establishment owning the Shopping Cart, where the Occupant has received two (2) or more written notices of violation within a consecutive twelve (12) month span. Owner of Shopping Carts shall be able to recover impounded Shopping Carts from the City by paying the per-Shopping Cart Recovery Fee established in Section 9.04.530G of this Chapter. Any Shopping Carts not recovered within thirty (30) calendar days of the City giving notice of the impoundment shall be recycled and/or disposed of by the City. The failure of an Occupant to recover an impounded Shopping Cart within thirty (30) calendar days of the City giving notice of the impoundment shall constitute authorization for the City to dispose of the Shopping Cart at the Occupant’s expense. The Occupant shall pay such cost of disposal as documented and billed by the City within thirty (30) calendar days upon receipt of the billing.
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