A. Definitions. For purposes of this Section, the following definitions shall apply:
LAUNDRY CART. A basket mounted on wheels and used by a customer or an attendant in a coin-operated laundry or dry cleaning retail establishment to transport fabrics and the supplies necessary to process them.
PARKING AREA. A parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle.
SHOPPING CART. A basket mounted on wheels or a similar device generally used by a customer in a retail establishment to transport goods of any kind.
B. Application. The provisions of this Section shall apply when a shopping cart or a laundry cart has a sign permanently affixed to it that: identifies the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law; and lists a valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer.
C. Prohibitions. If a shopping cart or laundry cart has a permanently affixed sign, as provided in § 13.02.015B., it is unlawful to do any of the following acts:
1. To remove a shopping cart or laundry cart from the premises or parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;
2. To be in possession of any shopping cart or laundry cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;
3. To be in possession of any shopping cart or laundry cart with serial numbers removed, obliterated or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;
4. To leave or abandon a shopping cart or laundry cart at a location other than the premises or parking area of the retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;
5. To alter, convert or tamper with a shopping cart or laundry cart, or to remove any part or portion thereof, or to remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;
6. To be in possession of any shopping cart or laundry cart while that cart is not located on the premises or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
D. Consent. The provisions of this Section shall not apply to the owner of a shopping cart or laundry cart, or to a retailer, or their agents or employees, or to a customer of a retail establishment who has written consent from the owner of a shopping cart or laundry cart or a retailer to be in possession of the shopping cart or laundry cart, or to remove the shopping cart or laundry cart from the premises or the parking area of the retail establishment, or to do any of the acts specified in § 13.02.015C.
E. Cart ownership. In any criminal proceeding, it may be inferred that any shopping cart or laundry cart, which has a sign affixed to it pursuant to § 13.02.015B., is the property of the person or business named in the sign, and has not been abandoned by the person or business named in the sign.
F. Violations. Any person who violates any of the provisions of this Section is guilty of a misdemeanor.
G. Application of other laws. The provisions of this Section are not intended to preclude the application of any other laws relating to prosecution for theft.
(Ord. No. 2005-014, § 1)