(A) The city shall use the information provided on the Prevention of Shopping Cart Removal Form to notify owner of any off-site shopping cart found within the city, and shall provide the owner with the location of the off-site shopping cart and shall also inform the owner that the off-site shopping cart must be retrieved within three business days from the date that the owner receives actual notice from the city of the cart's discovery and location. The city may abate, remove and impound an off-site shopping cart that has a sign affixed to it as set forth in § 5-22.04 if the off-site shopping cart is not retrieved within three business days from the date the owner receives actual notice from the city of the shopping carts discovery and location.
(B) Alternatively, the city may immediately abate, remove and impound an off-site shopping cart that has a sign affixed to it as set forth in § 5-22.04 if the city provides the owner with actual notice within 24 hours following the impound and informs the owner of the location where the shopping cart may be claimed.
(C) If any shopping cart will impede emergency services, the city may immediately retrieve the shopping cart from public or private property.
(D) The city may, without notice, abate, remove, and impound any off-site shopping cart that lacks an affixed sign as required by § 5-22.04 if the owner of the off-site shopping cart cannot readily be determined from viewing the cart. If the owner of the unidentifiable cart has not been ascertained after 30 days in impound, the city may dispose of the cart and shall not be liable to any party for the value or loss of value of the cart.
(E) Any impounded off-site shopping cart shall be marked with a tag indicating the date and location of its discovery and shall be held at a location selected by the city that is reasonably located to the owner's business establishment and that is open for business at least six hours of each city business day. The city is not liable to any party for any damage to a stored off-site shopping cart.
(F) The owner of the off-site shopping cart, or agent, shall be provided actual notice within 24 hours following the impound of any off-site shopping cart, informing the owner or agent as to the location where the cart may be claimed.
(G) Any off-site cart reclaimed by the owner within three business days following the date the owner receives actual notice of the cart's discovery and location shall be released and surrendered to the owner at no charge whatsoever, including the waiver of any impound or storage fees or fines that would otherwise be applicable. Any off-site shopping cart not reclaimed by the owner within three business days shall be subject to any applicable impound and storage fees, commencing on the fourth business day following notice. The fee for impound and storage shall be established and modified by resolution of the City Council and shall include the actual cost of removal and storage of the cart, plus the proportionate share of administrative costs in connection therewith.
(H) An off-site shopping cart shall be released to the owner or to a contractor hired by the owner for the purpose of retrieving the cart. There shall be a presumption that the off-site shopping cart is owned by the business establishment designated on the cart.
(I) Any off-site shopping cart not reclaimed by the owner within 30 days of receipt following the date of actual notice may be sold or disposed of. The city retains the right to collect any cost associated with disposal of the off-site cart along with any applicable fees or fines.
(Ord. 2114-C-S, passed 2-23-16)