(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) CART.
Any rolling or non-rolling basket or container commonly used in so-called supermarkets or self-service stores.
(2) STORE.
Means and includes any individual store, chain-store and/or supermarket.
(B) Unlawful acts.
(1) It shall be unlawful for any person to take or use without authority any cart from the premises of any store. Premises includes adjacent, paved parking area.
(2) It shall be unlawful for any person to abandon or suffer to be abandoned any cart, from any store or supermarket, on any street, highway, alley, boulevard or public place within the city.
(3) It shall be unlawful for any person to provide carts for patrons' use on the store premises, unless such carts bear permanent markings denoting the owner.
(C) Abandoned carts. Whenever any cart is found abandoned on any street, highway, boulevard, alley, or other place open to the public, the owner of such cart shall be notified of its location. If the cart is not retrieved by the owner within two hours of notification, the Police Department shall impound the property and shall again notify the owner of the impoundment. The Department of Public Services shall be responsible for picking up impounded carts and transporting them for storage in the Police Department Property Room. After the second notification, the owner of the cart shall have a period of 24 hours in which he may reclaim the cart by paying a pickup and storage fee of $5 at the Police Department, between the hours of 8:00 a.m. and 3:00 p.m., excluding weekends and holidays when there is not a Property Officer on duty. Failure to reclaim the carts as provided after the second notification shall be unlawful and shall be a violation of this section. The notices provided for herein shall only be given to the person in charge of the store which owns the cart.
(D) Failure to claim. If any owner shall fail to claim the carts or if the cart owner is not identified or properly marked, the city may dispose of same within 30 days after impoundment.
(E) Post ordinance. Any store using shopping carts as defined in this section shall post a copy of Ordinance 64-1988 upon the premises in a place where the same can be readily seen by the public.
(Ord. 64-1988, passed 7-19-88) Penalty, see § 10.99