Sec. 42-42. Shopping carts.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Establishment's property means the premises belonging to a business, which includes its buildings, structures, adjacent outside premises and parking lot.
Shopping cart means a lightweight wheeled container provided by an establishment for the purpose of transporting consumer goods.
Storage rack means a fixture for the placement of shopping carts.
(b) Declaration of nuisance. The existence of a shopping cart(s) on public property or private property where the property owner is not the owner of the shopping cart is hereby declared a public nuisance.
(c) Unlawful removal.
(1) Prohibition. It shall be unlawful for any person to remove or cause the removal of a shopping cart from an establishment's property.
(2) Notice of violation. Whenever any person removes a shopping cart from an establishment's property in violation of the provisions of subsection (c)(1) of this section, any police officer or inspector observing such violation may serve the person with a notice of violation, requiring that the person appear at the Village Hall and request a court date or make payment.
(3) Stipulated settlement. The Village Manager or designee is authorized to accept the amounts specified in Section 1-7 in settlement for violations of subsection (c)(1) of this section and to establish settlement dates for each such violation. For violations where a showing of compliance is applicable, settlement as provided for this subsection shall only be authorized upon a showing of compliance.
(d) Storage racks. Any establishment which provides shopping carts must provide a minimum of 1 outside storage rack on the establishment's property. The actual number of necessary outside storage racks shall be determined by the Village Manager or designee. In determining the number of storage racks, the Village Manager or designee shall consider the following:
(1) Property size.
(2) Building size.
(3) Parking lot size and layout.
(4) Traffic patterns.
(5) Number of parking spaces.
(6) Number of customers/patrons.
(7) Other pertinent factors.
If a determination is made by the Village Manager or designee that no space exists upon the establishment's property for an outside storage rack, the store manager shall present a plan for the collection and storage of carts to be reviewed and approved by the Village.
(e) Posting of sign. In every establishment providing shopping carts there shall be displayed at all times, in a prominent place, a printed card which shall be supplied by the Village and which shall read substantially as follows:
PURSUANT TO SECTION 42-42 OF THE SKOKIE VILLAGE CODE IT IS UNLAWFUL TO REMOVE A SHOPPING CART FROM THIS ESTABLISHMENT'S PROPERTY. THE REMOVAL OF A SHOPPING CART IN VIOLATION OF THE SKOKIE VILLAGE CODE SUBJECTS YOU TO A FINE OR PENALTY. IT IS NOT UNLAWFUL TO REMOVE A SHOPPING CART TO THE PARKING LOT.
(f) Cart identification. It shall be the responsibility of the owner or manager of an establishment to have all shopping carts identified with the establishment's name.
(g) Cart collection by owner. All shopping carts left in an establishment's parking lot, on the adjacent sidewalk or in any other location within the Village shall be collected at regular intervals throughout the day and at closing by the establishment's personnel. Shopping carts shall be stored either inside the building or in an outside storage rack.
(h) Retrieval of carts by Village authorized; fee. A shopping cart remaining in any location other than the respective establishment's property may be collected by the Village and stored for a period of 7 days. A retrieval and storage fee, as set forth in Section 46-42, shall be charged for each cart collected by the Village.
(i) Notice of retrieval of cart by Village. Upon the Village's collection of a cart, the Village shall send notice to the manager.
(j) Abandonment. All carts retrieved and stored by the Village and not claimed for a period of 7 days shall be considered abandoned and become the property of the Village. All carts not having cart identification as required in subsection (f) of this section shall be considered abandoned and become the property of the Village.
(k) Authority to establish additional regulations. The Village Manager is authorized to establish rules, regulations and procedures for the implementation of this section.
(l) Penalty. Any person who violates any provision of this section shall be subject to the penalties provided in Section 1-6 in addition to any other penalty specifically provided for.
(Code 1979, § 12.10)
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