[HISTORY: Adopted by the Council of the City of Watervliet 7-27-2017 by L.L. No. 6-2017; amended in its entirety 2-4-2021 by L.L. No. 1-2021. Subsequent amendments noted where applicable.]
The City of Watervliet finds that the current state of abandoned shopping carts in the City has created a hazard to the health and safety of the public, interferes with pedestrian and vehicular traffic, and has created a public nuisance and blighted appearance within the municipal boundaries. This chapter will require that measures be taken by owners of shopping carts to prevent the removal of shopping carts from the owners' premises, to make removal of the shopping cart a violation of this Code, and to facilitate the retrieval of abandoned shopping carts.
As used herein, the following words shall have the meanings below set forth:
ABANDONMENT
The act of leaving, deserting or giving up control and/or possession of a shopping cart on private or public property.
CITY
The City of Watervliet.
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.
PREMISES
Any building, property or other area upon which any retail establishment business is conducted or operated in the City of Watervliet, including the parking area provided for customers in such retail establishment.
RETAIL ESTABLISHMENT
Any business located in the City of Watervliet 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.
A. 
It shall be unlawful for any person to remove a shopping cart from the premises of the owner of such shopping cart without the written consent of the owner or his agent, servant or employee given at the time of such removal, except that a shopping cart may be removed to a parking area of said owner.
B. 
It shall be unlawful for any person to be in possession of a shopping cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner of possession of the shopping cart.
C. 
It shall be unlawful for any person to leave or abandon any shopping cart on any sidewalk, right-of-way, street, avenue, road, highway, alley, driveway, bridge, crosswalk, municipal parking area or other property within the City other than the property of the owner of the shopping cart.
A. 
Every retail owner of one or more shopping carts shall make or cause the shopping carts to be marked and identified conspicuously with the name of the owner.
B. 
Every retail owner of one or more shopping carts shall provide the City with a current contact name, phone number, and email address of a representative that the City may contact when a shopping cart is found on private or public property other than the parking area set aside by the owner of shopping carts for the parking of cars by customers.
C. 
All owners, regardless of the number of carts, shall ensure that all shopping carts are secured from public access after close of business hours.
D. 
Signs shall be placed prominently and conspicuously displayed at all locations where shopping carts are stored that provide notice to customers and others that removal of shopping carts from the premises is prohibited and a violation of law.
E. 
Specific physical measures shall be implemented to prevent the removal of shopping carts from the business premises. Such measures may include, but are not limited to, disabling devices on all shopping carts, posts, fences or other physical measures, posting of a security guard to deter and stop customers who attempt to remove shopping carts from the business premises, requiring security deposits for use of shopping carts, or renting or selling of utility carts that can be temporarily or permanently used for transport of purchases.
A. 
The Commissioner of Public Works or his designee shall have the authority to remove or cause to be removed any abandoned shopping cart found on public property and, with the consent of the property owner, remove or cause to be removed any abandoned shopping cart from private property. The Commissioner of Public Works or his designee shall hold and impound same until redeemed or otherwise disposed of in accordance with this chapter.
B. 
The Commissioner of Public Works or his designee shall immediately remove, take possession of and impound any shopping cart that does not comply with the identification requirements of § 233-4A.
Immediately upon taking possession of a shopping cart pursuant to § 233-5 of this chapter, the City shall mail a notice and invoice, by first-class mail, to the owner of the shopping cart, stating that such shopping cart may be redeemed by the owner upon payment of the sum of $25 to the Department of Finance. The notice shall set forth the times and places where such cart may be redeemed. A receipt shall be given for any payment and such receipt shall entitle the owner to redeem said cart. The Department of Finance shall have the authority to require proof of ownership or right to possession of the shopping cart. 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 cart which remains unredeemed by its owner 30 days after mailing of the notice and invoice pursuant to § 233-6 of this chapter shall be destroyed by the City.
Any person or owner who shall violate the provisions of this chapter shall be guilty of a violation and shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty.