Section 7-186: Control of shopping carts.
a) Required signs on carts.
1) Every cart owned or provided by any business establishment in the City of Kingman must have a sign permanently affixed to it that contains the following information:
I) Identifies the owner of the cart or the name of the business establishment, or both;
II) Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises, if allowed by the business establishment;
III) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the business establishment is a violation of state and local law;
IV) Lists a telephone number to contact to report the location of the abandoned cart; and
V) Lists an address for returning the cart to the owner or business establishment.
b) Prohibiting removal or possession of abandoned cart.
1) It shall be unlawful to either temporarily or permanently remove a cart from the premises of a business establishment without the express prior written approval of the owner or on-duty manager of the business establishment. Written permission shall be valid for a period not to exceed twenty-four (24) hours.
2) It shall be unlawful to be in possession of a cart that has been removed from the premises or parking area of a business establishment.
3) It shall be unlawful to leave or abandon a shopping cart at a location other than on the premises of the business.
4) It shall be unlawful to alter, tamper, remove, or obliterate the identifying information of a shopping cart.
5) This section shall not apply to carts that are removed for the purposes of repair or maintenance by the owner or owner's representative.
c) Mandatory plan to prevent cart removal.
1) Every owner shall develop and implement a specific plan to prevent customers from removing carts from the business premises without permission and the retrieval of abandoned cart(s). The plan must be implemented within sixty (60) days of the passage of the ordinance from which section derives. The plan must include the following elements:
I) Signs. Signs shall be placed in pertinent places near door exits and near parking lot exits that warn customers that cart removal is prohibited and constitute a violation of state and local law.
II) Specific procedures to recover abandoned cart(s) located on public property.
III) Specific procedures to prevent carts from being blown by the wind or the unattended rolling from business premises; this should include at least one (1) of the following:
a. Physical barriers or other such design.
b. Parking lot attendant to monitor the carts.
d) Notification for retrieval of abandoned carts.
1) The city shall notify the owner of any abandoned carts owned or used by the business establishment that have been located within the City of Kingman. The owner shall have three (3) days from the date the notification is given, to retrieve the carts from the city. If the cart is not retrieved within three (3) business days after the date the owner receives notice from the city, the cart may be retrieved and impounded. If the cart will impede emergency services, obstruct vehicle traffic or create a safety hazard to the public on a public right-of-way, or if the cart is not properly marked as per subsection 7-186(b), the city may retrieve and impound the cart immediately. In addition, at the discretion of the city employee, any abandoned or unlawfully used cart may be immediately impounded and returned to the business establishment or taken to a central storage facility.
2) The city shall store abandoned and impounded carts at a central facility. The facility shall remain open the normal business hours of the city.
e) Administrative costs and fines.
1) Upon retrieval and impoundment, the city shall provide notice to the owner, within one (1) day, of the impoundment and the location where the cart may be claimed. The owner has three (3) days to claim their cart. Any owner that fails to retrieve their abandoned cart after receiving the three-day notice by the city shall pay the city's recovery and impound fees. Any owner who fails to retrieve abandoned carts in accordance with this section in excess of three (3) times during a specified six-month period, shall be subject to a fifty dollar ($50.00) fine for each subsequent occurrence. An occurrence is described as all carts owned by the owner that are impounded by the city in a one-day period.
2) The recovery fee for each cart recovered has been established to be three dollars ($3.00) per cart. The impound fee for each cart recovered has been established to be one dollar ($1.00) per day.
Would you like to learn more about Gatekeeper Systems?Click Here to learn more›