766.01 SHOPPING CART REGULATIONS; IMPOUNDING; REMOVAL PROHIBITED.

   (a)   For the purpose of this Chapter the following definitions shall apply:

      (1)   “Shopping cart” means that type of basket, of wire or other construction on wheels, propelled by human power, commonly but not exclusively used for transporting articles of merchandise within or from a place of business and popularly known as a shopping cart.

      (2)   “Place of business” means a grocery store, supermarket, drugstore, dry goods store, department store, discount store, variety store or other establishment which supplies shopping carts for the use of its customers to transport articles of merchandise within or from such establishment.

      (3)   “Customer” means any person who enters a place of business for the purpose of purchasing, or inspecting with a view toward purchasing, articles of merchandise.

      (4)   “Shopping cart owner” or “owner” means any person, operator, firm or corporation, or an agent of any person, operator, firm or corporation who is authorized to act on the Owner’s behalf, and being one or more of the following:

         A.   Having a legal or equitable interest in the property;

         B.   Recorded in the official records of the state, county, or municipality as holding title to the property; or

         C.   Otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

      (5)   “Parking lot” means any parcel of land used for parking vehicles or otherwise adjoining or used in connection with a place of business, and owned or leased by the person, firm or corporation which is the owner, lessee or operator of such place of business or which is provided for the use of the customers of such place of business under any form of lease or other contractual arrangement.

      (6)   “Premises” includes any real property or portion thereof upon which the owner of the shopping cart engages in business. It also includes any real property designated for or devoted to use in conjunction with the business engaged in by such owner. “Premises” also means the property owned, leased or controlled and so connected with the business in which the owner is engaged as to form a component or integral part of it.

   (b)   No person, firm or corporation, being the owner, lessee or in charge of a place of business shall leave, or permit to be left, any shopping cart or carts unattended within the boundaries of any parking lot. However, this section shall not be deemed to be violated if such person, firm or corporation, at reasonable frequent intervals, of not more than one hour each, during the hours such place of business is open to the public for business and within one hour after the closing of such place of business each day, removes his or its unattended shopping cart or carts from such parking lot.

   (c)   Not less than one hour following the close of business each day, any person, firm or corporation being the owner, lessee or operator of a place of business shall remove all or any unattended shopping carts from any parking lot. Such shopping carts shall, until such place of business is again open to the public for business, be placed within a locked enclosure or otherwise secured in place so as to prevent their unauthorized removal from such place of business.

   (d)   Any shopping car found abandoned on any street, alley, sidewalk, tree lawn or other public place or in any parking lot within the City may be impounded by the City. Prior to impoundment the City may as a courtesy give notice to the cart owner’s contact person of the location of carts belonging to them. If after twenty-four (24) hours from this notice carts have not been collected, these carts are subject to impoundment. Any shopping cart which has been impounded may be reclaimed by the owner upon payment of twenty dollars ($20.00) per shopping cart, which shall be paid into the General Fund of the City. Thirty days after mailing of notice by certified mail to the owner, and as to any shopping cart that is unidentifiable as to ownership, thirty days after having been impounded, any unclaimed shopping cart may be disposed of by the City in the manner provided by law for the disposition of abandoned property.

   (e)   Owners of shopping carts are hereby required to mark and identify shopping carts in a permanent manner so that they can be identified as to ownership. Any individual cart for which permission has been granted to a person to remove from the premises shall be marked with a numbering system so it can be identified. This number system shall be registered with the Service Department and shall include digits for identification of each cart. Only those carts which the owner gives permission to be removed from the premises is required to be numbered but all carts need to be identified by the owner’s name.

   (f)   No person shall, without written permission from the owner, remove from the premises of the owner any shopping cart.

   (g)   Possession of a shopping cart away from the premises of the owner of the shopping cart shall be considered prima-facie evidence of petit larceny and/or possession of stolen goods. The storage of or location of a shopping cart on or in a house, barn, garage, shed or business building or upon the lot or land upon which the same is situated shall be deemed to be in the possession of the person controlling or occupying the same.

   (h)   All shopping cart owners shall provide to the Director of Public Service the name of a contract person, residential address, work phone number and/or cell phone number and email address whom shall be responsible for the collection of off-premise shopping carts. Such person shall be accountable when cart violations occur.

   (i)   All shopping cart owners shall post a sign in English and Spanish not less than eight and half (8.5) inches in height and fourteen (14) inches in width with block lettering in a conspicuous place on the building within four (4) feet of all customer entrances and exits stating, at a minimum, the following:

REMOVAL OF SHOPPING CARTS FROM THE PREMISES IS PROHIBITED BY LAW

   (j)   Whoever violates this section is guilty of a minor misdemeanor.

(Ord. 011-2013. Passed 4-2-13.)