The City of Oneida finds that abandoned shopping carts in the
City create potential hazards to the health and safety of the public,
interfere with pedestrian and vehicular traffic, and create a public
nuisance. This chapter is intended to insure that measures are taken
by owners of shopping carts to prevent the removal of shopping carts
from the owner's premises, to make removal of the shopping cart
a violation of this Code and to facilitate the retrieval of abandoned
shopping carts.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONMENT
The act of leaving, deserting or giving up control and/or
possession of a shopping cart on private or public property.
OWNER
Any person or entity, in connection with the function of
a business, who owns, leases, possesses or makes shopping carts available
to customers or the public.
PARKING AREA
The parking lot or other property provided by a retail establishment
for the use of customers of said retail establishment for the parking
of customer vehicles.
PERSON
Includes a natural person of either sex, gender, a corporation,
a partnership, association, joint-stock company, society and any other
entity capable of being sued in a court of law.
PREMISES
Any building, property or other area upon which any retail
establishment where business is conducted or operated in the City
of Oneida, including the parking area provided for customers in such
retail establishment.
RETAIL ESTABLISHMENT
Any business located in the City of Oneida which offers or
provides shopping carts for the use of customers of such business
regardless of whether such business is advertised or operated as a
retail or wholesale business, and regardless of whether such business
is open to the general public, is a private business or is a membership
store.
SHOPPING CART
Any device, hand-drawn or propelled vehicle or wheeled container
of the kind customarily provided by merchants to customers for the
purpose of carrying merchandise.
Within the fifteen-day impoundment period, the Supervisor or
their designee shall mail a notice, by first class mail, to the owner
of the shopping cart, stating that each held shopping cart may be
redeemed by the owner upon payment to the City Chamberlain's
Office of the sum of $50 per shopping cart and shall set forth the
times and places where such carts may be redeemed. Payment for redemption
shall be made to the City Chamberlain's Office and a receipt
shall be given therefor, which receipt shall entitle the owner to
redeem said cart or carts at the place where they are held. The City
Chamberlain's Office shall have the authority to require identification
to demonstrate any person's proof of ownership or right to possession.
Any delivery to a person deemed entitled thereto by the City, from
the proof submitted, shall be an absolute defense of the City against
any other person claiming to be entitled thereto.
Any shopping carts which remain unredeemed by their owners within
the fifteen-day impoundment period may be sold by the City at public
auction or may be disposed of at the discretion of the Supervisor
of Public Works. Any cart may be redeemed after the fifteen-day impoundment
by the owner at any time prior to such public auction upon payment
of the sum of $100 per shopping cart and the payment of the cost of
advertising the sale.
Any person or owner violating any of the provisions of this
chapter shall be punishable by a fine not to exceed $100. The fine
is to be paid in addition to any fees for redemption of an impounded
shopping cart or cost of sale chargeable to the owner of an impounded
shopping cart. Each shopping cart that does not have the required
marking shall be deemed a separate and distinct violation. Each day
that a shopping cart does not have the required marking shall be deemed
a separate and distinct violation. Each abandoned shopping cart shall
be deemed a separate and distinct violation. Each day that a shopping
cart is abandoned, shall be deemed a separate and distinct violation.