The purposes and intent of this subchapter are as follows:
(A) Abandoned shopping carts located outside the premises or parking areas of retail establishments and on public or private properties and viewable from the public rights-of-way are injurious to the public health, safety, and welfare and constitute a public nuisance. This nuisance is caused by persons unlawfully removing shopping carts from the premises or parking areas of retail establishments, by certain retail establishments failing to maintain adequate supervision of their premises and parking areas and failing to implement effective cart removal prevention programs or cart retrieval programs. The purpose of this subchapter is to establish reasonable regulations for the collection and impound of abandoned shopping carts and to supplement provisions of state law regarding the unauthorized removal of shopping carts from the premises and parking areas of retail establishments. To define as public nuisances and violations those conditions and uses of land that are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property or premises, and/or hazardous or injurious to the health, safety, or welfare of the general public.
(B) This subchapter is not intended to be applied, construed or given effect in a manner that imposes upon the city, or upon any officer or employee thereof, any duty towards persons or property within the city or outside of the city that creates a basis for civil liability for damages, except as otherwise imposed by law.
(Ord. 996, passed 1-22-09)