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.
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.
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.
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.