A. It shall be unlawful for any person to perform any of the following acts with respect to a shopping or laundry cart, when such cart has a sign permanently affixed in conformity with this chapter:
1. To remove a shopping or laundry cart from the business premises of a retail establishment with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart;
2. To be in possession of any shopping or laundry cart that has been removed from the business premises of a retail establishment with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart;
3. To be in possession of any shopping or laundry cart with serial numbers or identification signage removed, obliterated, defaced, or altered, with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart;
4. To leave or abandon a shopping or laundry cart at a location other than the business premises with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart;
5. To alter, convert, or tamper with a shopping or laundry cart, or to remove any part or portion thereof, or to remove, obliterate, deface, or alter serial numbers or identification signage on a cart, with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart;
6. To be in possession of any shopping or laundry cart while that cart is not located on the business premises, with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart.
B. This section shall not apply to a shopping or laundry cart owner, or his or her agent, employee or patron who has written consent from the shopping or laundry cart owner to be in possession of such cart or to remove such cart from the store premises.
C. In any civil proceeding, any shopping or laundry cart with an identification sign affixed to it pursuant to section 4-11-6 of this chapter shall establish a rebuttable presumption affecting the burden of producing evidence that the property is that of the person or business named in the sign and not abandoned by the person or business named in the sign.
D. In any criminal proceeding, it may be inferred that any shopping cart or laundry cart which has a sign affixed to it pursuant to section 4-11-6 of this chapter is the property of the person or business named in the sign and has not been abandoned by the person or business named in the sign.
E. Nothing contained in this section shall preclude the application of any other laws related to prosecution for theft. (Ord. 11-948)