Cart Ordinances

Tucson

Chapter 16-39: Shopping Cart Impoundment
Section 16-39: Shopping Cart Impoundment.
a) Definitions
1) "Abandoned shopping cart" means a shopping cart, whether Marked or Unmarked, located outside the premises or parking area of a retail establishment, which parking area shall include parking areas of common usage in multi-store complexes and shopping centers.
2) "Unmarked" means lacking attached identification compliant with A.R.S. 44-1799.32(b).
3) "Marked" means compliant with A.R.S. 44-1799.32(b).
b) Unmarked Abandoned Shopping Carts are declared a nuisance and the City may impound and/or immediately sell, discard, or otherwise dispose of such carts at the City's discretion without notice.
c) The City may immediately impound any Abandoned Shopping Cart located in such a manner as to impede emergency services; obstruct vehicle traffic, bicycle traffic, or pedestrian sidewalk traffic; or create a safety hazard to the public on a public right-of-way.
d) The City may impound a Marked Abandoned Shopping Cart if the shopping cart is not retrieved from its place of abandonment within three business days after the date the owner of the shopping cart, or the owner's agent receives actual notice from the City of the shopping cart's discovery and location.
e) The owner or retailer identified on Marked Abandoned Shopping Carts impounded pursuant to subsections (c) or (d) above will be given notice of the fact of impoundment and the location and hours of operation of the impound lot.
f) If an impounded Abandoned Shopping Cart has not been retrieved from impound by the owner within thirty days of notice pursuant of subsection (e) above, the City may sell, discard, or otherwise dispose of such cart at the City's discretion.
g) The owner of any Abandoned Shopping Cart impounded in accordance with subsections (c) or (d) above shall pay the City a retrieval fee of $30 per cart. The payment shall be made at the time of retrieval from impound. If the owner does not retrieve the cart from impound within thirty days after notice, the fee shall be applied to the owner's next Water Service bill. Provisions for discontinuance of water services for non-payment and for customer right to dispute the bill shall apply as provided in Section 27-50 of this code.

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