(A) The city may impound a shopping cart that has a permanently affixed sign, in conformity with this chapter, provided both of the following conditions have been met:
(1) The shopping cart is located outside the store premises, as defined in this chapter;
(2) The shopping cart is not retrieved within three business days from the date the shopping cart owner receives actual notice from the city of such cart's discovery and location.
(B) Notwithstanding other provisions of this section, the city may immediately retrieve a shopping cart from public or private property when the location of such cart will impede emergency services, as determined by the Director.
(C) A shopping cart that has been impounded by the city pursuant to division (A) or (B) of this section shall be held at a location that is reasonably convenient to the shopping cart owner and open for business at least six hours of each business day.
(D) When the city has impounded a shopping cart pursuant to division (A) or (B) of this section, the city may recover its actual costs for providing such service.
(E) The city may fine a shopping cart owner $50 for each occurrence in excess of three during a six-month period for failure to retrieve shopping carts in accordance with this section. For purposes of this division, an occurrence shall include all shopping carts impounded in accordance with this section during a calendar day.
(F) The city may sell or dispose of any shopping cart not reclaimed by the shopping cart owner within 30 days of receipt of actual notice from the city.
(G) Notwithstanding division (A), the city may impound a shopping cart that is located outside the store premises without complying with the three day advance notice requirement of division (A) provided that:
(1) The shopping cart owner has been provided actual notice within 24 hours following the impound, and said notice informs the shopping cart owner of the location where such cart may be claimed;
(2) The impounded shopping cart is held at a location in compliance with division (C);
(3) Any shopping cart reclaimed by the shopping cart owner within three business days following the date of actual notice of the impound shall be released and surrendered to the shopping cart owner at no charge;
(4) Any shopping cart not reclaimed within three business days following the date of actual notice of the impound shall be subject to fees and fines pursuant to divisions (D) and (E) commencing on the fourth business day following the date of actual notice of the impound;
(5) The city may sell or dispose of any shopping cart not reclaimed within 30 days following the date of actual notice of the impound.
(H) Notwithstanding other provisions of this section, the city may immediately impound, sell and/or dispose of a shopping cart that does not contain a permanently affixed sign required pursuant to this chapter and whose ownership cannot otherwise be ascertained.
(Ord. 2010-11 § 2 (part), 2010)