For the purposes of this chapter, the terms used herein are
defined as follows:
PARKING AREA
A parking lot or other property provided by a retailer for
the use of a customer for parking an automobile or other vehicle.
The parking area of a retail mercantile establishment located in a
multistore complex or shopping center shall include the entire area
used by the complex or center.
PERSON
Includes a person of either sex, corporation, partnership,
association, joint-stock company, societies and other entities capable
of being sued.
SHOPPING CART
A push cart of the type or types which are commonly provided
by grocery stores, drugstores or other retail mercantile establishments
for the use of the public in transporting commodities in stores and
markets and their parking areas.
STREET
Includes street, avenue, road, alley, lanes, highway, boulevard,
concourse, driveway, culvert, crosswalk, sidewalk, parks, parking
lots, parking areas and places used by the general public.
Any person providing to his customers or patrons shopping carts
which, being mounted on wheels, are able to be moved off the premises
of such person shall cause to be placed and maintained upon such shopping
carts in a conspicuous manner the name of the owner thereof and shall
likewise place and maintain thereon in such conspicuous manner a further
notice reading as follows: "The removal of this cart from these premises
is prohibited by law."
[Amended 2-2-2021 by Ord. No. 04-2021]
No person shall move, push or carry any shopping carts belonging
to and bearing the name of another person or owner upon any street,
sidewalk or other public place or private property other than the
premises of the owner of the shopping cart. No person shall leave
or abandon any shopping cart upon the sidewalks, streets or roadways
of the City of Burlington.
The person operating a place of business which supplies shopping
carts for the use of customers or patrons shall keep the sidewalk,
parking lots and parking areas in front of or upon his business premises
clear of such shopping carts by removing therefrom any such shopping
carts left thereon by his patrons or customers; provided, however,
that he may, while his place of business is open, maintain in a suitable
area a place for the orderly collection of such shopping carts, provided
that such area shall not be so situated as to interfere with the ingress
and egress of customers or patrons on foot or in automobiles.
If said shopping cart(s) shall not be sold at public auction,
the City may dismantle, destroy or otherwise dispose of such shopping
cart(s). Any disposition of such shopping cart(s) made pursuant to
this chapter shall be made without any liability of the City to the
owner, retailer or authorized agent of such shopping cart(s) or any
other person lawfully entitled thereto or having an interest therein.