(a) Definitions. In this section:
ABANDONED SHOPPING CART. Any shopping cart which has been removed from a retail establishment's premises and is unattended at the time of investigation. Abandoned shopping carts will be assumed to be the property of the retail business geographically closest to the cart's collection point based on logos, branding and/or retailer's name.
OWNER. A person that operates, manages, or controls the retail establishment.
PREMISES. The entire property owned or leased by the retail establishment, which provides shopping carts for use by its customers. In the case of a retail business located within a shopping center or shopping complex, the premises extend to include all parking areas and other common areas shared by the tenants therein.
SHOPPING CART. A basket that is mounted on wheels, or a similar device, generally used in a retail establishment by a customer to transport goods of any kind.
(b) Shopping cart identification. Owners of retail establishments providing shopping carts for customers may affix to the cart durable, weatherproof, and legible signs or markings identifying the name of the retail establishment. Retail establishments may employ unique color schemes and logos in lieu of the retail establishment's name.
(c) Shopping cart control plan.
(1) Following the impoundment of 16 or more abandoned shopping carts owned by any one retail establishment within a time period of six months, the code compliance director or designee may place the retail establishment on a Shopping Cart Control Plan and require the retail establishment to do any of the following to mitigate the loss of its shopping carts:
a. Install wheel locks on all retail establishment shopping carts; or
b. Affix to the carts a durable all-weather decal stating the following in legible letters:
IT IS AN OFFENSE PUNISHABLE BY A FINE UP TO $500 TO POSSESS THIS SHOPPING CART AT A LOCATION OTHER THAN ON THE PREMISES OF THE RETAIL ESTABLISHMENT THAT OWNS THIS SHOPPING CART.; or
c. Any other reasonable measures that the retail establishment and the director or designee may agree to.
(2) A retail establishment may only be released from a Shopping Cart Control Plan if the retail establishment complies with the requirements provided in the Shopping Cart Control Plan and the retail establishment does not have more than two shopping carts impounded by the city within a six month period after the effective date of the Shopping Cart Control Plan.
(d) Offenses.
(1) The owner commits an offense if the city has impounded 16 or more abandoned shopping carts owned by the retail establishment.
(2) A person commits an offense if they have failed to comply with any requirements stated in a Shopping Cart Control Plan.
(3) It is a defense to prosecution if the retail establishment has installed a functioning wheel-lock system on its shopping carts.
(e) Retrieval and impoundment.
(1) The city may collect and impound any abandoned shopping cart located on public property. In the event an abandoned shopping cart is found on public property and is damaged, no longer functional, has no legible identifying markings, or presents a public health and safety concern, the city may dispose of the cart immediately and in a method the Code Compliance Director or designee deems appropriate.
(2) An abandoned shopping cart collected and impounded by the city may be made available to the retail establishment for reclamation for a period of 30 days from the date provided in the notice to the owner of the impoundment at a designated location determined by the city.
(3) Each abandoned shopping cart collected and impounded by the City of Fort Worth will be released to an owner or employee of the retail establishment upon payment of a recovery fee to the city, which shall be established by city council. Each shopping cart shall be charged a separate recovery fee, A recovery fee shall not be assessed to any abandoned shopping cart that is collected and impounded, if it has a functioning wheel-lock system installed.
(4) In the event an abandoned shopping cart is not reclaimed within 30 days after the owner is notified of the impoundment, the city may dispose of the cart in a method the code compliance director or designee deems appropriate.
(f) Penalty. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.
(Ord. 26022-02-2023, § 1, passed 2-28-2023, eff. 3-7-2023)