Cart Ordinances

Peoria

CHAPTER 17 – NUISANCES
Sec. 17-66. Shopping carts; restrictive devices required; violations; penalties.
(a) On or after January 1, 2008, any person, partnership, corporation or other legal entity commencing operation of a retail establishment on any premises within the City shall have all Shopping Carts, owned, leased or which they are in lawful possession of, continuously equipped with a Restrictive Device that prevents their removal from the premises. The Community Development Director or his designee shall not issue a Certificate of Occupancy for the premises without a certification from the owner that all Shopping Carts owned, leased or which they are in lawful possession of are so equipped. The City shall charge a fee for the certification as provided in this code.
(b) On or after January 1, 2013, any person, partnership, corporation or other legal entity operating a retail establishment on any premises within the City shall have all Shopping Carts, owned, leased or which they are in lawful possession of, continuously equipped with a Restrictive Device that prevents their removal from the premises. Each person, partnership, corporation or other legal entity operating a retail establishment on January 1, 2013 shall file a certification with the Community Development Director or his designee that all Shopping Carts owned, leased or which they are in lawful possession of are so equipped. The City shall charge a fee for the certification as provided in this code.
(c) As an alternative to subsection (b), any person, partnership, corporation or other legal entity operating a retail establishment within the City on or before January 1, 2008 shall enter into a contract with a shopping cart retrieval service that complies with the provisions of Section 17-69 to recover shopping carts unlawfully removed from the premises of the retail establishment. In order to comply with this alternative, the contract shall meet all of the following:
(1) The contract must be in writing. A copy of the Contract shall be filed not less than annually with the City. If the retail establishment terminates an existing contract and enters into a new contract, the new contract must be filed with the City within thirty (30) days following entry into the Contract.
(2) The shopping cart retrieval service that is a party to the Contract must hold a valid business license issued by this City.
(3) The contract with the shopping cart retrieval service must remain continuously in place. If the retail establishment does not have a contract that meets the requirements of this subsection for more than thirty (30) consecutive days, it shall immediately comply with the provisions of subsection (b)
(4) The retail establishment shall pay an annual fee of $250.00 or such other amount as set in Chapter 2 of this code which shall be used to cover the City’s cost in administrating this provision and removing any carts under the control of the retail establishment from any place within the City.
(5) The retail shall continuously meet the requirements of section 17-68(a) of this code and have the name and phone number of the car retrieval service attached to all of the carts.
(6) The retail establishment shall be required to file the annual certificate of compliance required by subsection (b) and shall attach all required documents to indicate compliance with this subsection.
(7) In the event that 150 shopping carts under the control of a retail establishment using this section were logged as being collected, deposited and impounded with the City within one calendar year within a two consecutive year running period, the Community Development Director may order the retail establishment to comply with the provisions of subsection (b) and prohibit use of this alternative. For purposes of this subsection, impounded means that the shopping cart has been placed in a city controlled storage yard and the requisite notice provided to the owner.
(d) Failure to equip a Shopping Cart with a Restrictive Device as provided in this section shall be a civil infraction. The Court shall impose a civil sanction of not less than $25.00 for each Shopping Cart that is not equipped with a Restrictive Device. Each failure to equip a Shopping Cart with a Restrictive Device shall be deemed a separate violation of this section. For a second or subsequent violation of this subsection within Ninety Days following the First Violation, the Court shall impose a civil sanction of not less than $50.00 for each Shopping Cart that is not equipped with a Restrictive Device. It shall be presumed that all persons, partnerships, corporation of legal entities having control of shopping carts are subject to the provisions of this section. The burden of rebutting this presumption of compliance with the alternative contained in subsection (c) shall be on the legal entity having control of shopping carts.
(e) Failure to file a certification with the City as required by this section shall be a class three (3) Misdemeanor. The Court shall impose the filing fee, together with a minimum sanction of Two Hundred and Fifty Dollars and order that certification be filed or the terms of this code complied within ninety days.
(Ord. No. 91-08, 2/12/91); (Ord. No. 92-39, 10/6/92); (Ord. No. 93-01, 1/5/93, Reserved ); (Ord. No. 07-33, 10/16/07, Sec 17-66 Enacted) SUPP 2007-4; (Ord. No. 2010-07, 02/16/2010, Amended) SUPP 2010-1
Sec. 17-67. Shopping carts; activities; prohibitions; notices; applicability; consent; presumption; violations.
(a) A person shall not do any of the following with the intent to temporarily or permanently deprive the owner or retailer of possession of a shopping cart:
(1) Remove a shopping cart from the premises or parking area of a retail establishment.
(2) Be in possession of any shopping cart that has been removed from the premises or parking area of a retail establishment.
(3) Be in possession of any shopping cart with the serial numbers removed, obliterated or altered.
(4) Leave or abandon a shopping cart at a location other than the premises or parking area of the retail establishment.
(5) Alter, convert or tamper with a shopping cart, remove any part or portion of a shopping cart or remove, obliterate or alter serial numbers on a shopping cart, or obliterate or alter the name of the owner or remove, obliterate or alter any Restrictive Device that the Shopping Cart is equipped with.
(6) Be in possession of any shopping cart while that cart is not located on the premises or parking lot of a retail establishment.
(b) Each owner of a shopping cart or retailer shall post a notice in English and Spanish in the following format in a location on their premises reasonably accessible to the public as follows:
NOTICE: REMOVAL OF SHOPPING CARTS FROM THE PREMISES AND PARKING LOT OF THIS ESTABLISHMENT IS ILLEGAL. PERSONS REMOVING SUCH CARTS MAY BE SUBJECT TO PENALTIES NOT TO EXCEED A FINE OF $500.00 AND IMPRISIONMENT FOR UP TO 30 DAYS IN JAIL.
(c) Each owner of a shopping cart or retailer shall place on each shopping cart in their control the name of their business, address and telephone number.
(d) On or after October 1, 2007, an owner of a shopping cart or retailer who certifies to the City that all of their shopping carts are equipped with a Restrictive Device to make the carts immobile if removed from the premises shall be exempt from subsections (b) and (c).
(e) An owner of a shopping cart or retailer shall only give consent in writing to the removal of a shopping cart from the premises or parking lot of their establishment. It shall be presumed as a matter of law that any person not having written consent other than the owner of the car or the retailer, in possession of a shopping cart located outside the premises of the owner or retailer has temporarily or permanently deprived the owner or retailer of possession of the shopping cart.
(f) This section does not apply to:
(1) The owner of a shopping cart or to a retailer or a retailer’s agents, or employees.
(2) A customer of a retail establishment who has written consent from the owner of a shopping cart or a retailer to be in possession of the shopping cart or to remove the shopping cart from the premises or the parking area of the retail establishment.
(3) An employee of the City designated to retrieve shopping carts.
(g) Violation of subsection (a) of this section is a class three (3) misdemeanor. Violation of subsection (b) shall be enforced by a civil penalty. The minimum civil penalty imposed by the Court shall not be less han one hundred ($100.00) dollars.
(Ord. No. 91-08, 2/12/91); (Ord. No. 92-39, 10/6/92); Ord. No. 93-01, 1/5/93, Reserved); (Ord. No. 07-33, 10/16/07, Sec 17-67 Enacted) SUPP 2007-4.

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