Sec. 14-13. Shopping carts.
a) Definitions. In this article:
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.
Abandoned shopping cart means any unattended shopping cart removed from a business establishment's premises, which is located on public property for a period greater than twelve (12) hours.
Owner means any person or entity within a business establishment 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.
Premises 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 right-of-way 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 designated for use by the customers of the shopping center or complex.
(b) Offense. It shall be unlawful to leave or abandon a shopping cart at a location other than the premises or parking area of the retail establishment that owns the shopping cart.
(c) Requirements. Every owner of a business establishment providing shopping carts to its customers must post signs at all entrances to the parking areas, in both English and Spanish, and in a conspicuous place near the business establishment's exit doors, informing customers that cart removal from the premises is prohibited and constitutes a violation of state and local law.
(d) Retrieval and impoundment by the city. The City of Plano may retrieve and impound any abandoned shopping cart located on public property.
A shopping cart recovered by the City of Plano will be released to the owner, or his designee, upon payment to the city of a recovery fee of seventy-five dollars ($75.00) per shopping cart.
(e) Disposal of abandoned shopping carts. Shopping carts impounded shall be held for a period not more than thirty (30) days to allow for retrieval by the owner or his designee. Shopping carts not reclaimed by the owner within thirty (30) days of impoundment shall be sold or disposed of by the City of Plano.
(f) Enforcement authority. The city manager or his designee(s) shall have the authority and powers necessary to determine whether a violation of this chapter exists and to take appropriate action to gain compliance with the provisions of this chapter and applicable state codes.
(g) Penalty. Any person violating any provision of this article shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided in subsection 1-4(b). Every day a violation continues shall constitute a separate offense.
(Ord. No. 2005-6-7, § I, 6-13-05)
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