Notwithstanding any other provision of this subchapter, any retail establishment that has implemented a shopping cart retrieval program, consisting of either its own contract with a private company to pick up its cart (subject to performance standards set by the City Manager or his or her designee), or a loss prevention system that prohibits the removal of carts from a defined perimeter, either of which having been approved by the City Manager or his or her designee as of the day any of the owner’s carts is impounded, shall not be required to pay a tagging and retrieval fee, nor shall the same be subject to the accrual of any civil penalties pursuant to this subchapter. The burden of establishing such exemption shall be upon the retail establishment.
(Ord. 996, passed 1-22-09)