Section 4447: Nuisance defined
a) The Board of Aldermen of the City of Rutland hereby finds that the taking of shopping carts off the premises of stores and shopping centers and the abandonment of shopping carts on the public streets, sidewalks and right-of-ways of the city is a public nuisance.
Section 4448: Removal from business premises prohibited.
a) No person shall, without authorization, remove from business premises shopping carts that are identified or made available for use at such business premises. Any person found in unauthorized possession of a shopping cart off the business premises at which such shopping cart is made available shall be in violation of this ordinance. Such violation is a civil offense and shall be punishable by a fine of $50.
Section 4449: Identification required.
a) All merchants who make shopping carts available to their patrons shall firmly affix to and at all times maintain in legible condition on each of such shopping carts a metal, plastic or similarly suitable identification tag or plate, which shall identify the respective merchant by name. If for any reason such identification on any shopping cart is thereafter missing or illegible, the merchant shall remove such shopping cart from availability for use by patrons of such merchant until the shopping cart has been properly identified in accordance with this ordinance.
Section 4450: Impoundment; disposition of unclaimed shopping carts.
a) Shopping carts found on any city street, sidewalk or right-of-way apart from the business premises at which such shopping cart is made available may be retrieved by the city or its designee and retained by it in any storage facility available for such purpose. Such shopping carts shall be released to the owner thereof upon the payment to the city of a $50 impound fee per shopping cart.
b) Shopping carts equipped with an anti-theft device shall be released to the owner thereof at no fee. For the purposes of this subsection, anti-theft device shall mean: a device that causes the wheel of a shopping cart to lock when the conveyance is moved near or across an antenna located at the perimeter of the establishment’s parking area; an audible alarm device which sounds when a shopping cart is taken beyond the establishment’s parking area; a vertical pole or arm attached to a shopping cart that physically prevents its removal from the interior of the establishment; or a system requiring a shopping cart user to remit collateral, including but not limited to a returnable monetary deposit, to use a shopping cart.
c) Shopping carts from establishments that have filed an intention to prosecute shall also be released to the owner thereof at no fee. For the purposes of this subsection, an intention to prosecute shall mean a written statement, on company letterhead, of the owner’s intention and willingness to fully cooperate and assist with prosecution of an individual found in possession of a shopping cart off the premises of such establishment. The statement shall be filed with the Office of the City Attorney and signed on behalf of the establishment by an individual with authority.
d) Shopping carts found shall be stored by the city for the calendar month in which they are retrieved. When, at the end of the month, any such shopping carts remain unclaimed or when a shopping cart impounded has no identification tag or plate, such shopping carts are deemed abandoned and shall become property of the city. The city may dispose of such shopping carts as permitted by law, without liability to itself. Such method of disposal may include the sale of such shopping carts, with any profit there from inuring to the city.”
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