Chapter 6.22
SHOPPING CART REGULATIONS
Sections:
6.22.030 Signage requirements and customer notice.
6.22.050 Notice to shopping cart owners.
6.22.010 Findings – Purpose.
(1) Public Nuisance. Abandoned shopping carts constitute a public nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic in the city. The accumulation of wrecked and dismantled abandoned shopping carts on public property tends to create conditions that reduce property values, and promotes blight and deterioration.
(2) Intention. The intent of this chapter is to ensure that measures are taken to facilitate the retrieval of abandoned shopping carts in a manner consistent with state law.
(3) Applicability. This chapter shall apply to all owners of any business establishments or other commercial services within the city of Oak Harbor that provide shopping carts for customer use or the public. (Ord. 1834 § 1, 2018).
6.22.020 Definitions.
(1) “Abandoned shopping cart” means any cart that has been removed, without written consent of the owner, from the owner’s business premises and is located on public property.
(2) “Shopping cart” means a basket which is mounted on wheels or a similar device generally used in a retail or commercial establishment by a customer for the purpose of transporting goods of any kind.
(3) “Director” means the public works director, or his/her designee, for the city of Oak Harbor who shall administer this chapter.
(4) “Owner” means any person or entity, who/which in connection with the conduct of a business, owns, leases, possesses, or makes a shopping cart available to customers or the public. For purposes of this chapter, “owner” shall also include the owner’s designated agent.
(5) “Premises” means the entire area owned, occupied, and/or utilized by an owner which provides shopping carts for use by customers or other persons, including any parking lot or other property provided by or on behalf of the owner for customer parking or use. (Ord. 1834 § 1, 2018).
6.22.030 Signage requirements and customer notice.
(1) Abandonment Prohibited. It shall be unlawful for any person to cause or permit any shopping cart to be abandoned upon any sidewalk, street or other public area, other than the premises of the owner of such shopping cart.
(2) Cart Identification Required. Every shopping cart owned or provided by any owner must have some form of identification affixed to the shopping cart that contains sufficient information to identify the owner of the cart.
(3) Lack of Identification. Any shopping cart found abandoned on public property that does not have the identification information required by subsection (2) of this section may be removed from such public property and disposed of by the city in accordance with OHMC 6.22.060(2)(g).
(4) Notice to Customers.
(a) Written Notice. Owners shall provide written notice to customers that the removal of shopping carts from the premises is prohibited. Such notice may be provided in the form of flyers distributed on the premises, notice printed on shopping bags, direct mail, notices on business websites, or any other means demonstrated to be effective.
(b) Display. All owners shall display and maintain conspicuous signs on the premises near the cart stalls, warning customers that removal of shopping carts from the premises is prohibited by state law and city ordinance. (Ord. 1834 § 1, 2018).
6.22.040 Nuisance.
Abandoned shopping carts are declared to be a public nuisance. The city’s enforcement rights for abandoned shopping carts are nonexclusive, and include the enforcement methods provided in this chapter and in this title of the city code, as well as any other methods for abatement of nuisances, and any other enforcement methods available under the law or in equity. (Ord. 1834 § 1, 2018).
6.22.050 Notice to shopping cart owners.
(1) The director may provide 48-hour notice to all shopping cart owners of identified abandoned shopping carts.
(2) The 48 hours shall be calculated using only days Monday through Friday and will not include weekend days Saturday and Sunday.
(3) The notice will be sent by electronic means to all shopping cart owners who have requested to be added to the abandoned shopping cart notification system administered by the director of the public works department. If an owner does not have access to electronic means, notice shall be made by phone call to the owner or owner’s representative.
(4) Notice will be deemed received when the electronic notification has been sent or phone call has been made by the director or his/her designee.
(5) The notice shall contain the following:
(a) Number of identified abandoned shopping carts;
(b) Location of the abandoned shopping carts; and
(c) A 48-hour deadline to collect the identified abandoned shopping cart(s). (Ord. 1834 § 1, 2018).
6.22.060 Enforcement.
The director may enforce, following notice as outlined in OHMC 6.22.050, abandoned shopping carts which create a public nuisance as follows:
(1) Expiration of Notice. If no owner has collected the abandoned shopping carts after the expiration of the 48-hour deadline per OHMC 6.22.050, the director may impound abandoned shopping carts.
(2) Impoundment, Delivery and Fees.
(a) Impound. The director may impound any abandoned shopping cart left on any public property owned by or under the control of the city, or left on any public right-of-way within the city.
(b) Delivery. Upon impound, the director will return the abandoned shopping cart(s) to the respective owner as indicated on the cart’s identification signage or such other ownership information or identification that is sufficient.
(c) Acknowledge Receipt. The owner or agent thereof must sign a city-issued receipt acknowledging delivery and acceptance of the abandoned shopping cart(s).
(d) Delivery Invoice. The director will mail an invoice to the owner for the delivery of the abandoned shopping cart(s).
(e) Delivery Fee. Fees for delivery of abandoned shopping cart(s) will be a flat fee pursuant to the master fee schedule adopted by resolution of the city council.
(f) Refusal and Fee. If the owner or agent thereof refuses to accept the returned shopping carts, the director shall be authorized to dispose of the abandoned shopping carts through whatever means or manner the director deems reasonable and appropriate. The owner of the shopping cart(s) will be billed a disposal fee per shopping cart, pursuant to the master fee schedule adopted by resolution of the city council.
(g) No Signage. If there is no signage identifying the abandoned shopping carts, the director shall be authorized to dispose of the abandoned shopping carts through whatever means or manner the director deems reasonable and appropriate.
(3) Hazardous Location. If a shopping cart will impede emergency services, or the normal flow of vehicular or pedestrian traffic, the director is authorized to immediately retrieve the abandoned shopping cart(s) from private property and impound it. The director will return the abandoned cart(s) to the respective owners pursuant to subsection (2) of this section. (Ord. 1834 § 1, 2018).
6.22.070 Appeals.
Appeal from the decision of the director shall be in accordance with the provisions of Chapter 1.24 OHMC as now in effect or hereafter amended. (Ord. 1834 § 1, 2018).
6.22.080 Violations.
Violations of this chapter shall constitute a civil offense and shall be governed by the procedures of Chapter 1.28 OHMC. (Ord. 1834 § 1, 2018).