(A) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED CART. Any cart that has been removed from the cart owner’s premises without written consent of the owner and is located on either public or private property.
CART or SHOPPING CART. A basket is mounted on wheels or a similar device that is provided by an owner to a customer for the purpose of transporting goods of any kind, including a basket used in a laundromat or similar business.
ENFORCEMENT OFFICER. Any officer or person designated with the authority to enforce the provisions of this chapter.
OWNER. Any person or entity that, in connection with the conduct of a business, provides carts available to the public for use at or in their business.
PREMISES. The entire area owned, occupied, or utilized by an owner, including any parking lot, loading area, and adjacent public rights-of-way, or any other property provided by or on behalf of an owner for customer parking or use.
(B) Cart removal warnings, cart identification, and reporting abandoned carts. An owner shall:
(1) Post signs in sufficient number to give notice to members of the public entering onto or leaving the business premises that unauthorized appropriation of a shopping cart is a crime under O.R.S. 164.015, and provide a toll-free or local telephone number, to the owner, that members of the public may use to report abandoned shopping carts.
(2) Identify the owner’s business on each shopping cart and post a sign on the shopping cart that:
(a) Notifies any member of the public using the shopping cart that unauthorized appropriation of a shopping cart is a crime under O.R.S. 164.015; and
(b) Provides a toll-free or local telephone number for use in reporting an abandoned shopping cart to the owner.
(3) Establish, maintain, and make available to the public, at the owner’s expense, a toll-free or local telephone line for the purpose of reporting abandoned shopping carts to the owner. The owner shall forward each report they receive concerning an abandoned shopping cart to the city’s Code Enforcement Officer within one business day after the owner receives the report.
(C) Retrieval of abandoned shopping carts. All owners shall implement a cart retrieval system to promptly collect and return abandoned shopping carts to designated areas on their premises. The cart retrieval system shall involve business efforts to educate customers on the importance of returning carts and encouraging voluntary compliance.
(1) When the owner receives a notice concerning an abandoned shopping cart, they must forward the report in accordance with § 130.24(B)(3), unless the city is providing the notice.
(2) Once notice is given to the owner, they shall retrieve a shopping cart within 72 hours after receiving notification that the shopping cart has been abandoned.
(3) If the city identifies, salvages, or reclaims an abandoned shopping cart, it shall report the existence and location of an abandoned shopping cart to the owner of the shopping cart, if the owner is identifiable.
(D) Custody, enforcement, and disposal of abandoned shopping carts.
(1) The city may take custody of an abandoned shopping cart and impose a penalty under § 130.99 on the owner of the shopping cart if the owner does not retrieve the shopping cart within 72 hours after the city makes a report under § 130.24(D)(3) or after the owner receives a report under § 130.24(B)(3).
(2) The city may release a shopping cart held in the city’s custody to the owner upon payment of the penalty under § 130.99.
(3) The city may take title to a shopping cart in the city’s custody and dispose of the shopping cart as the city deems appropriate if the owner does not claim the shopping cart within 30 days.
(E) Unauthorized appropriation of shopping cart. A person commits the violation of unauthorized appropriation of a shopping cart if the person, without written permission of the owner of the shopping cart, abandons or is in possession of a shopping cart off the premises of the retail establishment of the owner of the shopping cart.
(F) Rulemaking authority. The City Manager or designee is authorized to promulgate any rules necessary for the implementation of this section.
(Ord. 012224, passed 2-5-2024) Penalty, see § 130.99