A. Every shopping cart owner shall:
1. Label each shopping cart with durable signage identifying the shopping cart owner.
2. Collect and store all shopping carts within the shopping center.
3. Implement one or more of the following measures to prevent removal of shopping carts from the shopping center:
a. Install devices on shopping carts that automatically disable them if they are removed from the shopping center;
b. Assign personnel to deter customers from removing shopping carts;
c. Install obstacles to prevent shopping cart removal;
d. Require security deposits for shopping cart use;
e. Utilize a shopping cart retrieval service; or
f. Provide locked areas to keep shopping carts secure when not in use.
4. Place a sign at the shopping center explaining that removing shopping carts from the shopping center is a violation of the law.
B. Shopping cart owners may not resell, gift, or convey a shopping cart for noncommercial use.
(Ord. 2023-5, 1-3-2023)
A. Upon the discovery of a shopping cart on public property, the city or its authorized contractor may take possession of and store the shopping cart.
B. Upon the discovery of a shopping cart on private property outside of the shopping center, the city or its authorized contractor may take possession of and store the shopping cart if:
1. The shopping cart is found on private property in an area that is open to the public;
2. The shopping cart is on residential property:
a. That does not include the home or the curtilage of the home; and
b. Where there is no expectation of privacy; or
3. The owner of the property gives consent to removal of the shopping cart.
C. Whenever the city takes possession of a shopping cart bearing identification of ownership and the shopping cart owner has not waived the right to be notified subject to subsection 12-5-2F, the city shall mail a notice to the shopping cart owner advising the owner that the removed shopping cart can be retrieved upon the payment of a storage and handling fee of two dollars ($2.00) per day. If a shopping cart owner maintains multiple retail locations, the notice required herein is adequate if mailed to the address of any retail location within the city. If no retail locations of a shopping cart owner are located within the city, the notice is sufficient if addressed to any nearby retail location of the shopping cart owner within Weber County, or an adjacent county.
D. The city may dispose of unclaimed shopping carts after thirty (30) days from the date of the notice described in subsection C.
E. If a shopping cart lacks sufficient marks or signage to enable the city to identify the shopping cart owner, no notice shall be required before city disposal of the shopping cart.
F. A shopping cart owner may provide the city with a written statement waiving the right to be notified when the shopping cart owner's carts are found outside its shopping center. If a shopping cart owner has waived the right to be notified, the city may dispose of that owner's shopping carts at any time.
(Ord. 2023-5, 1-3-2023)
A. It is unlawful to do any of the following acts:
1. Remove a shopping cart from the shopping center of a shopping cart owner.
2. Be in possession of a shopping cart that has been removed from the shopping center of a shopping cart owner.
3. Leave or abandon a shopping cart on public or private property at a location other than the shopping center of a shopping cart owner.
4. Remove, deface, or obscure identifying marks or signage of ownership installed on a shopping cart.
5. Obstruct, impede, or interfere with any representative of the city or its authorized contractor who is engaged in removing or transporting a shopping cart in accordance with this chapter.
B. Any shopping cart on any property within the city whether public or private that is controlled or used by any person violating subsection A above, may be removed in accordance with the procedures set forth in section 12-5-2.
C. This section shall not apply to:
1. Any person who provides documentary evidence of ownership of the shopping cart; or
2. Any person having written permission of the shopping cart owner to have the shopping cart away from the shopping cart owner's shopping center.
D. In any civil or criminal proceeding, any shopping cart with identification pursuant to subsection 12-5-1A1 located outside the shopping center of the shopping cart owner, establishes a rebuttable presumption that:
1. The shopping cart is owned by the shopping cart owner identified on the cart;
2. The shopping cart owner has not abandoned the shopping cart;
3. The identified shopping cart owner has not authorized another person to use the shopping cart.
(Ord. 2023-5, 1-3-2023)
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