ARTICLE II: SHOPPING CARTS
Section 39-20: Definitions.
a) For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section.
1) Abandoned shopping cart means any unattended shopping cart found on public property or a public right-of-way.
2) Director means the director of parks and building maintenance or his designee.
3) Owner means any person or entity within a business establishment of more than three thousand (3,000) square feet of retail floor space who owns or provides shopping carts for customer use. Owner includes, but is not limited to, the store owner, manager, on-site manager, on-duty manager, or other designated agent of a business establishment.
4) Premise means the entire area owned or otherwise utilized by the business establishment that provides shopping carts for use by its customers, including any parking area and pedestrian access-way between a street or roadway defined by the adjacent curb line, and the establishment. For a business establishment that is part of a shopping center or shopping complex, "premises" shall include all business establishments in the shopping area center or complex and all areas used by the customers of those businesses in common, including all parking areas, and right-of-way areas designated for use by the customers of the shopping center or complex.
5) Shopping cart means a basket, which is mounted on wheels or a similar device, generally used in a retail establishment by a customer to transport goods of any kind.
Section 39-21: Permit required.
a) It shall be unlawful for an owner to suffer, allow, permit, or maintain shopping carts on the premises, without obtaining a shopping cart permit for that premises.
Section 39-22: Application and permit fee.
a) An owner of a business establishment shall apply annually for a shopping cart permit by submitting a written application to the director. The application shall contain the following:
1) The name, telephone number, facsimile number, and business or residence address of each owner; and, if the owner is a corporation, whether foreign or domestic, the name of the registered agent of the owner and the telephone number and facsimile number and business or residence address of the registered agent, to include the street name and number, office or suite number, city, state, and zip code.
2) Street address of the business establishment, and a description of the shopping complex premises.
3) The name or title, phone number, and e-mail address for a person who is available at any time the business establishment is open to the public; and is able to respond within four (4) hours after notification to retrieve a shopping cart found off the premises.
4) A description and graphic of a distinctive color scheme and identifying marks to be utilized by the owner on each cart.
5) Any change of ownership or information provided in the application shall require the purchaser or permit holder to update the information provided under subsection (a) of this section and to file the updated information with the director within thirty (30) days of the change.
b) The fee for a shopping cart permit for each store location shall be one hundred dollars ($100.00), payable to the City of Irving, and must accompany the application.
c) A shopping cart permit is valid for one (1) year from the date of issuance. Permits are non-transferable to different owners.
d) Compliance with the requirements of this section shall be deemed to meet the requirements of §§ 250.003 and 250.004 of the Texas Local Government Code.
Section 39-23: Shopping cart requirements.
a) Each shopping cart shall meet the following requirements:
1) Have a color scheme or identifying mark distinctive from carts at other premises. An exception to this section is provided for stores which are part of a chain, and are doing business under the same name. Such stores may have similar or identical color schemes or identifying marks. Shopping cart color schemes or identifying marks must be designed in such a way to provide a contrasting background and, if letters are used, be legible and at least one (1) inch in height.
2) Have a warning visibly displayed on each cart, in both English and Spanish, which advises users not to remove the shopping cart from the premises and a notice to the public warning that unauthorized use by a person other than the owner is punishable by law.
b) It shall be unlawful for an owner to suffer, allow, permit, or maintain a shopping cart on the premises which does not meet the requirements of this section.
Section 39-24: Owner responsibilities.
a) At any time the business establishment is closed to the public or other customers, the owner shall remove all shopping carts from remote premise storage areas, and place them in a centralized storage area adjacent to the store building. All carts in such storage areas shall be secured from unauthorized removal.
b) Upon notification that a shopping cart has been found at a location other than the premises, the owner shall arrange to have the shopping cart returned to the premises within four (4) hours.
c) If a shopping cart has been impounded by the city, the owner shall redeem the shopping cart, on a quarterly basis, from the designated city storage facility at such preapproved times and dates as designated by the director. The set fee for retrieval of shopping carts stored by the city shall be forty dollars ($40.00) per cart. At the discretion of the city, an owner may make arrangements to pick up a shopping cart from the designated city storage facility at a time other than the preapproved scheduled retrieval. The set fee for such nonscheduled cart redemption service shall be fifty dollars ($50.00) per cart.
d) It shall be unlawful for the owner to fail to perform any responsibility as designated by this section.
Section 39-25: City possession and disposal of abandoned shopping carts.
a) Any abandoned shopping cart, found off store premises, may be picked up by the city.
b) Shopping carts which are clearly marked and identified as required in this article, but not located on the premises may be picked up by city forces in accordance with law.
c) The director shall attempt to notify owner of the location of an abandoned shopping cart clearly marked and identified in accordance with this article and allow the owner to retrieve the shopping cart within the times stated in section 39-24, before the city takes possession of the shopping cart. However, at the sole discretion of the director, the city may take possession of any shopping cart found off premise without attempting to notify the owner. Carts covered under this provision include, but are not limited to, the following:
1) Carts without identifying cart ownership markings;
2) Carts located in a drainage facility;
3) Damaged or unusable carts;
4) Carts that pose a hazard to vehicles or pedestrians; or
5) Any other situation or circumstance which the city deems it necessary to retrieve a cart found off store premises. The director's failure to provide initial notice shall not affect the owner's obligation to retrieve a cart from the city storage facility and pay the appropriate fee.
d) Upon taking possession of any shopping cart clearly marked and identified in accordance with this article, the director shall:
1) Hold the shopping cart at the city storage facility, and
2) Give written notice to the owner as identified on the shopping cart permit application at least thirty (30) days in advance of the date and time when the shopping cart may be retrieved.
e) The city may auction, recycle, or dispose as waste any carts remaining unclaimed thirty (30) days after written notice is given to owner. Any cart damaged to the extent it cannot roll, or carts not clearly marked with identification as required by this section may be disposed by the city at any time.
Section 39-26: Revocation of permit.
a) The city manager or the manager's designee shall have the power, after notice to an owner and after affording an opportunity for a hearing, to revoke a shopping cart permit for unreasonable and repetitive violations of this article.
Section 39-27: Penalty.
a) Any person violating or failing to comply with any provision of this article shall be fined upon conviction, not less than one dollar ($1.00) nor more than five hundred dollars ($500.00). Each day in which a violation exists shall constitute a separate offense. In addition, each shopping cart in violation shall constitute a separate offense.
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