Chapter 8.48
SHOPPING CARTS
Sections:
8.48.010 Short title.
8.48.020 Declaration of public nuisance.
8.48.030 Definitions.
8.48.040 Required public notification.
8.48.050 Cart impoundment by city.
8.48.060 Emergency impoundment.
8.48.070 Cost recovery.
8.48.080 Disposal of impounded carts.
8.48.010 Short title.
This chapter shall be known as the shopping cart control ordinance of the city. (Ord. 1027 § 1, 1996)
8.48.020 Declaration of public nuisance.
The city council makes the following findings and declarations:
The accumulation and storage of wrecked, dismantled, or abandoned shopping carts, or parts thereof, on public or private property is found to create a condition tending to reduce property values, to promote blight and deterioration, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to be aesthetically detrimental to the community, and to be injurious to the health, safety and general welfare. Therefore, the presence of wrecked, dismantled or abandoned shopping carts, or parts thereof, on public or private property, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 1027 § 2, 1996)
8.48.030 Definitions.
For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
“Abatement of shopping cart” means the removal by the city of an abandoned shopping cart which is visible from any public right-of-way.
“Abandoned shopping cart” means any empty shopping cart left on any public or private property with no person in the vicinity.
“City manager” means city manager, city manager’s designee, and/or authorized representatives of the city manager.
“Public property” means and includes, but is not limited to, all areas dedicated to public use for public street purposes, roadways, parkways, alleys, sidewalks, flood control channels and any public right-of-way.
“Shopping cart” means a basket which is mounted on wheels or a similar device generally used in retail establishments by a customer for the purpose of transporting goods of any kind. (Ord. 1027 § 3, 1996)
8.48.040 Required public notification.
The provisions of this section shall apply when a shopping cart has a sign permanently affixed to it that identifies the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of this city chapter and state law; and lists a valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer. (Ord. 1027 § 4, 1996)
8.48.050 Cart impoundment by city.
A shopping cart that has a sign affixed to it in accordance with Section 8.48.040 may be impounded by the city manager provided both of the following conditions have been satisfied:
A. The shopping cart is located outside the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center;
B. The shopping cart is not retrieved within three business days from the date the owner of the
shopping cart, or his or her agent, receives actual notice from the city of the shopping cart’s discovery and location. (Ord. 1027 § 5, 1996)
8.48.060 Emergency impoundment.
In instances where the location of a shopping cart will impede emergency services, the city manager is authorized to immediately retrieve the shopping cart from public or private property. (Ord. 1027 § 6, 1996)
8.48.070 Cost recovery.
The city is authorized to recover its actual costs, as determined by the city manager, for providing the impoundment service. Also, the city may fine the owner of an impounded shopping cart in an amount as shown in the schedule of fines resolution as adopted by the city council, for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one-day period. (Ord. 1027 § 7, 1996)
8.48.080 Disposal of impounded carts.
Any shopping cart not reclaimed from the city within thirty (30) days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the city manager. (Ord. 1027 § 8, 1996)