Chapter 29 OFFENSES--MISCELLANEOUS
Sec. 29-59. Removal of shopping carts off owner's property; retrieval of cart after notice to owner.
(a) The term "shopping cart," when used in this section, means those push carts of the type or types which are commonly provided by grocery stores, drugstores, or other merchant stores or markets for the use of the public in transporting commodities in stores and markets from the store to a place outside the store. All shopping carts shall be clearly marked with the name of the owner.
(b) It shall be unlawful for any person to remove a shopping cart from the premises of the owner of such shopping cart without the written consent of the owner or of his agent, servant, or employee given at the time of such removal. For the purpose of this section, the premises shall include all the parking area set aside by the owner, or on behalf of the owner, for the parking of cars for the convenience of the patrons of the owner.
(c) It shall be unlawful for any person to leave or abandon any shopping cart on any sidewalk, right of way, street or property within the city other than the property of the owner of the shopping cart.
(d) If a shopping cart is found on any property off the premises of the owner of the shopping cart, the city may retrieve the cart and remove it to a storage location. The city shall notify the owner, if known, of the cart's retrieval and storage. If not recovered from the storage area by the owner within seven (7) days, the city may dispose of the cart. A storage fee of ten dollars ($10.00) per cart shall be paid by the owner for any cart retrieved from the storage location.
(e) If the shopping cart is not marked with the owner's name, the city shall have the right to dispose of the shopping cart.
(f) A violation of subsections (a), (b) and/or (c) shall constitute a class 1 misdemeanor.
(Code 1958, § 31-62.2; Ord. No. 40,989, § 1, 3-18-03)
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