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The city council finds and declares that the accumulation and storage of wrecked, dismantled, or abandoned shopping carts, or parts thereof, on public or private property reduces property values, promotes blight and deterioration, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is aesthetically displeasing and injurious to the health, safety and general welfare of the community. Therefore, the presence of wrecked, dismantled, or abandoned shopping carts, or parts thereof, on public or private property, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(`64 Code, Sec. 19-70.1) (Ord. No. 2380)
For purpose of this article, the following words shall have the following meanings:
(A) PUBLIC PROPERTY - Includes, but is not limited to, all areas dedicated to public use for parks, parking lots, street purposes, roadways, parkways, alleys, sidewalks, flood control channels and any public right-of-way.
(B) SHOPPING CART - A metal or plastic basket that is mounted on wheels or a similar device generally used in retail establishments by a customer for the purpose of transporting goods of any kind.
(`64 Code, Sec. 19-70.2) (Ord. No. 2380)
(A) When a shopping cart is left standing on any public or private property, the shopping cart shall be deemed to be abandoned and to constitute a public nuisance. This subsection shall not apply to shopping carts left standing on the private property of the owner of the shopping cart, as such owner is identified by the sign affixed to the shopping cart as required by section 7-170.
(B) If a shopping cart is left standing on any public or private property or if the shopping cart does not bear the sign required by section 7-170, the owner of the shopping cart shall be responsible and liable for the costs of removal and storage of the abandoned shopping cart.
(C) The city manager may exempt a shopping cart owner from the provisions of subsection (B) of this section if the shopping cart owner has implemented a plan whereby the shopping cart owner's employees retrieve shopping carts, or whereby the shopping cart owner has entered into a contract with a shopping cart retrieval service and has provided the city manager with proof of such contract, provided the frequency of the shopping cart retrieval service is satisfactory to the city manager.
(`64 Code, Sec. 19-70.3) (Ord. No. 2380)
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