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City of Fall River, MA
Bristol County
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Code
New Laws (36) Index Notes (21)
[Added 6-12-2012 by Ord. No. 2012-20]
The City Council finds that the unlawful taking, misuse, and abandonment of shopping carts creates a potential health and safety hazard, affects the general welfare of the public, interferes with pedestrian and vehicular traffic, and constitutes a public nuisance. The accumulation of abandoned shopping carts tarnishes our community and fosters conditions conducive to neighborhood blight, thereby reducing property values. As such, this article institutes measures requiring store owners to prevent the removal of shopping carts from store premises and establishes penalties for violations of this article.
As used in this article, the following terms shall have the meanings indicated:
ABANDON
Leaving, discarding, dumping or placing upon public or private property, shopping carts, in a place other than that which is made available to the public by the owner.
COMMERCIAL ESTABLISHMENT
A place where commodities are exchanged, bought, or sold.
DIRECTOR
The Director of Community Maintenance for the City of Fall River.
OWNER
Any person, corporation, partnership, or other business organization or entity owning, possessing, or providing any shopping cart to its customers or the public in connection with the conduct of its business.
PERSON
An individual, corporation, partnership, or other business organization or entity.
PREMISES
The entire area owned, leased, or utilized by the owner of a commercial establishment, including any parking lot thereof.
SHOPPING CART
A basket that is mounted on wheels or a similar device provided by the operator of a commercial establishment for the purpose of customer transportation of goods. A collapsible basket mounted on wheels that is sold by a commercial establishment to a retail customer for that customer's personal use is not a shopping cart for the purposes of this article.
A. 
Each owner must contain all shopping carts to the premises of the commercial establishment at all times.
B. 
Any instance in which a shopping cart provided by an owner is found off the premises of the commercial establishment shall be considered a violation of this article.
C. 
It shall be unlawful to temporarily or permanently remove a shopping cart from the premises of a commercial establishment.
D. 
It shall be unlawful to possess any shopping cart removed from the premises of a commercial establishment with the intent to temporarily or permanently deprive the owner of possession.
E. 
It shall be unlawful to leave or abandon a shopping cart at a location other than the premises of the commercial establishment providing the shopping cart.
F. 
This section shall not apply to shopping carts that are removed for the purposes of repair or maintenance.
An owner shall conspicuously post and maintain shopping cart removal warnings at all public entrances and exits of the commercial establishment. Said warnings shall notify the public that the removal of a shopping cart from the premises is a violation of law.
Every owner of shopping carts shall conspicuously and permanently affix thereto:
A. 
Name, address, and telephone number of the store or business from which the shopping cart is made available or permitted to be utilized; and
B. 
Notice indicating that the removal of the shopping cart from the premises is a violation of law.
A. 
The Director, or his designee, is hereby authorized to seize and retrieve any abandoned shopping cart within the City and cause the same to be taken to a facility for redemption or disposition as hereinafter provided.
B. 
Seizure or retrieval by the Director or his designee shall not relieve the owner of the responsibility of compliance with this article or any penalty provided herein.
C. 
Notice of impoundment shall be sent by regular mail to the owner at the address provided on the shopping cart as required in § 26-48, advising said owner of impoundment, impoundment fees and the fine for violation of this article.
D. 
The owner shall be allowed seven business days from notice of impoundment to retrieve the abandoned shopping cart without implementation of a fine for violation of § 26-46. The owner shall be assessed an impoundment fee as set forth in Chapter A110, Fee Schedule, of the City Code, for each retrieved shopping cart, by the Director or his designee. No property shall be delivered to a person seeking to redeem the same unless proof establishing ownership is submitted to the satisfaction of the Director or his designee.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).
E. 
Failure of an owner to redeem a shopping cart within 30 days from the date of notice of impoundment may result in the Director's disposition of the property and assessment of a fine as provided in § 26-50. Disposition by the Director shall not relieve the owner from any fine resulting from a violation of this article.
F. 
If the owner of any shopping cart cannot be determined, due to the absence of identification as required in § 26-48 or otherwise, the Director may promptly dispose of the shopping cart.
A. 
The fine for violation of §§ 26-46, 26-47 and 26-48 of this article shall result in a fine of $100.
B. 
Violation of each section listed in Subsection A shall be considered a separate offense.
C. 
All of the monies received from fines under this article shall be allotted to the budget for the Department of Community Maintenance.
Any person who receives a fine pursuant to this article may appeal in a non-criminal proceeding by making a written request to the Law Department of the City of Fall River within 21 calendar days of the date of issuance of the fine. Failure to timely appeal the administrative citation is deemed a waiver of the right to appeal.