(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning,
ABANDONED SHOPPING CART. Any unattended shopping cart removed from a business establishment’s premises, which is located on public property for a period greater than 12 hours.
OWNER. Any person or entity within a business establishment who owns or provides shopping carts for customer use. OWNER includes, but is not limited to, the store owner, manager, on-site manager, or other designated agent of a business establishment.
PREMISES. The entire area owned or otherwise utilized by the business establishment that provides shopping carts for use by its customers, including any parking area and pedestrian accessway between a street right-of-way and the establishment. For a business establishment that is part of a shopping center or shopping complex, PREMISES shall include all business establishments in the shopping area center or complex and all areas used by the customers of those businesses in common, including all parking areas designated for use by the customers of the shopping center or complex.
SHOPPING CART. A basket, which is mounted on wheels or similar devices, generally used in a retail establishment by a customer to transport goods of any kind.
(B) Offenses; defense.
(1) A person commits an offense if he possesses a shopping cart at a location other than the premises of the retail establishment that owns the shopping cart.
(2) It shall be unlawful to leave or abandon a shopping cart at a location other than the premises or parking area of the retail establishment that owns the shopping cart.
(3) It is a defense to the prosecution under division (1) above that the person was the owner, employee, or agent of the retail establishment that owns the shopping cart and was delivering, retrieving, or returning the shopping cart to the retail establishment.
(C) Requirements.
(1) Every owner of a business establishment providing shopping carts to customers shall affix to the shopping cart a durable, all-weather, and legible decal identifying the name, address, and telephone number of the retail establishment.
(2) Every owner of a business establishment providing shopping carts to customers must post signs at all entrances to the parking areas, in both English and Spanish, and in a conspicuous place near the business establishment’s exit doors, informing customers that cart removal from the premises is prohibited and constitutes a violation of state and local law.
(D) Retrieval and impoundment by the city. The city may retrieve and impound any abandoned shopping cart located on public property. A shopping cart recovered by the city will be released to the owner or designee upon payment to the city of a recovery fee of $15 per shopping cart.
(E) Disposal of abandoned shopping carts. Shopping carts impounded shall be held for a period of not more than 30 days to allow for retrieval by the owner or his designee. In the event the shopping carts are not reclaimed by the owner within 30 days of impoundment, the city shall sell or dispose of the carts.
(F) Enforcement authority. The City Manager or designee(s) shall have the authority and powers necessary to determine whether a violation of this section exists and to take appropriate action to gain compliance with the provisions of this section and applicable state laws.
(G) Penalty. Any person, firm, or corporation violating any of the provisions or terms of this section shall be subject to the same penalty as provided for in the code of ordinances of the city, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of $500 for each offense. Every day a violation continues shall constitute a separate offense.
(Ord. 994, passed 10-27-2022)