Unless otherwise stated, the words and expressions
used in this chapter shall have meanings as follows:
PERSON
Natural persons of either sex, corporations, partnerships,
associations, joint-stock companies, societies and all other entities
capable of being sued.
PUBLIC PLACE
A street, avenue, road, alley, public passageway, land, highway,
concourse, driveway, culvert, crosswalk and sidewalk, pedestrian mall
and every class of road, square and municipal or private parking field
used by the general public.
SHOPPING CART
Any cart, basket, container or other device made of wire,
metal, plastic or other material, mounted on wheels, manually operated
and identified as required herein, such as is generally provided by
merchants for the conveyance of merchandise, foodstuffs and other
property to automobiles and other places.
Every person who owns or makes available to
the public in connection with the conduct of business and trade any
shopping cart shall mark it or cause the same to be marked and identified
conspicuously with the name of the owner. Such identification shall
be in the form of metal tags securely fastened to the cart or a cutting
or stamping on the frame of the cart or other means for permanently
identifying the owner of the cart.
It shall be unlawful for any person or his/her
agent or employee to take, remove or possess any shopping cart beyond
the premises of the identified owner of the shopping cart without
the express permission of the identified owner.
Any person who violates any provision of §
268-3 of this chapter shall be liable for and pay a penalty of $10 for the first such violation and no less than $25 nor more than $50 for each subsequent violation. Each removal of a shopping cart shall constitute a separate violation.
It shall be unlawful for any person or his/her
agent or employee to leave or to suffer or permit to be left unattended
any shopping cart, either owned by the person or in such person's
possession, custody or control, at any public place within the City
of Townsville or upon the property of another without the consent
of the owner of the property.
The Superintendent of Public Works of the City
of Townsville is hereby authorized to seize and remove or cause to
be removed any abandoned shopping cart within the city from any public
place without notice and from any private premises with the consent
of the owner of the premises and shall take or cause the same to be
taken to a facility within the city for redemption or disposition
as hereinafter provided. The Superintendent of Public Works is authorized
to call upon other city agencies or departments to assist in enforcement
of this section.