City of Rutland, VT Shopping Carts

As of July 1, 2022, it is unlawful for any person owning a retail establishment not to implement and maintain an effective cart nuisance abatement program.

Effectiveness is measured by the performance of the retail establishment's effective cart nuisance abatement program in compliance with this § 4447. Cart owners shall implement and use any reasonable means in any combination to: (i) prevent the removal or theft of their carts from their premises and parking area and subsequent abandonment of their carts within the City limits; and (ii) if such prevention measures are not 100% effective, cart owners shall retrieve any and all of their abandoned shopping carts from within the City boundaries within three business days.

Elements of an Effective Cart Nuisance Abatement Program. Within the time frames set forth in § 4447(b)(2) below, all retail establishments/cart owners must: (i) notify the Director that they own carts for the use of their customers on their premises; and (ii) submit a written plan for the implementation of an effective cart nuisance abatement program. The program shall include, but is not limited to, the following:

[a]

A customer outreach process under which the cart owner shall cause additional notice to be provided to customers, in addition to the standard signage and marking of the shopping cart as per § 4449, that the removal of carts from the premises is prohibited and is a violation of local law. This customer outreach notification may include, but is not limited to: flyers distributed at the premises, warnings on shopping bags, direct mail, announcements using intercom systems at the premises, website communication, and other available information tools. It may also include marketing to customers their own personal shopping cart for use in lieu of the retail establishment's shopping cart. The exact means and frequency of this outreach is to be determined by the retail establishment.

[b]

A plan to prevent the removal or theft of their carts from their premises and parking area.

[c]

An "effective retrieval program" as defined in § 4446(b). If a retail establishment has a valid and operational contract with a contractor to retrieve abandoned shopping carts and return them to the retail establishment on an ongoing and regular basis of at least three times per week, then the cart owner is presumptively deemed to have an effective retrieval program, which presumption may be rebutted if the cart retrieval contractor fails to meet the standards for "effectiveness" set forth in the definition of "effective retrieval program" in § 4446 above. Nothing in this subsection waives or limits compliance with the signage and cart marking mandates in § 4449.

Submission of Plans for Implementing effective cart nuisance abatement program; Renewal. As of July 1, 2022: (i) any new retail establishments shall submit their initial plans for implementing an effective cart nuisance abatement program at least 90 days prior to operating; or (ii) for retail establishments operating as of July 1, 2022, the initial plan for implementing an effective cart nuisance abatement program shall be submitted by July 1, 2022. Once an initial plan implementing an effective cart nuisance abatement program is approved, such plan shall be resubmitted for renewal at least 60 days prior to the second July 1 to occur following the approval of the plan (i.e., at least every two years). The proposed plan for an effective cart nuisance abatement program shall contain the following information:

[a]

That the retail establishment owns carts for the use of their customers on their premises and parking areas;

[b]

The address of the retail establishment and a map identifying the associated parking areas utilized directly for its carts;

[c]

A contact phone number at the retail establishment in the City for the person or persons, or job title of the person, who will be notified by the City regarding abandoned shopping carts removed by the City;

[d]

The type, color and number of carts owned;

[e]

Whether the retail establishment is subject to a valid and operational contract with a contractor to retrieve abandoned shopping carts and return them to the retail establishment on an ongoing and regular basis of at least three times per week, and if so a copy of such contract;

[f]

Photographic proof of compliance with the signage and cart marking mandates in § 4449; and

[g]

A narrative description and any plans, photographs or other evidence demonstrating the implementation of an effective cart nuisance abatement program as defined in § 4446(b) and in compliance with this § 4447.

Director Review and Approval; Time Frames for Compliance. The Director shall review the plan for the proposed effective cart nuisance abatement program and approve or deny the plan within 30 days of its receipt.

[a]

If the program plan is approved, the retail establishment/cart owner shall implement the approved effective cart nuisance abatement program within 30 days from the date of approval.

[b]

If the plan is incomplete, the Director shall notify the cart owner in writing to revise the plan and resubmit it within 15 days of the Director's notice.

[c]

The Director may deny a plan for a proposed effective cart nuisance abatement program based upon one or more of the following grounds:

[1]

Implementation of the plan would violate one or more provisions of this Chapter 4 or of any local, county, state, or federal law or regulation;

[2]

The proposed program fails to include all of the information required by this Chapter 4;

[3]

The proposed plan is insufficient or inadequate to qualify as an effective cart nuisance abatement program as defined in § 4446(b) and in compliance with this § 4447;

[4]

The proposed program fails to address any special or unique conditions to the geographical location of the retail establishment/cart owner or its parking area as such conditions relate to cart removal prevention; or

[5]

Implementation of the proposed program would violate a term or condition of any agreement between the City on the one hand, and the retail establishment, or owner of the parking area, or cart owner, on the other hand.

[d]

The Director's denial of a plan for an effective cart nuisance abatement program shall be the final administrative decision unless such denial is appealed to the Mayor, in writing, within five business days. The Mayor shall review the Director's decision and render a decision, which shall be the final administrative decision.

(4)

Noncompliance. A cart owner who fails to submit an effective cart nuisance abatement program, or whose program is denied, or whose program is approved but who then does not comply with the terms of the approved program shall be liable for a fine in the amount listed below (or as established by resolution of the Board of Aldermen) for each occurrence. Each day during which a retail establishment/cart owner has not complied with the provisions of this Chapter 4 shall constitute a separate violation.

Offense	Fine	Waiver Fee
First offense	$300	$150
Second offense	$400	$200
Third and subsequent offenses	$500	$300

§ 4448 Unlawful Possession.

It is unlawful for any person other than a cart owner or its authorized representative to do any of the following acts:

To remove or cause to be removed any cart from a retail establishment or a parking area without the prior written consent of the cart owner.

To possess any cart that has been removed from a parking area without the prior written consent of the cart owner, with the intent to temporarily or permanently deprive the cart owner of possession of the cart.

To alter, convert, or tamper with any cart, or remove any part or portion thereof, or to remove, obliterate, or alter any identification, including, but not limited to, any serial numbers, or to possess any cart that has been altered, converted, or tampered with or whose identification has been removed, obliterated, or altered, with the intent to temporarily or permanently deprive the cart owner of possession of the cart without the prior written consent of the cart owner.

(4)

To abandon or leave any cart, which has been removed from a retail establishment or a parking area, upon any public property or upon any private property that is not the premises of the retail establishment or the parking area.

For purposes of all provisions in this chapter, any person removing a cart from the retail establishment or parking area with consent of the cart owner shall carry a copy of such written consent on their person.

§ 4449 Identification Required.

As of July 1, 2022, all carts shall be maintained as identified carts, including:

The cart owner shall provide signage on their premises in a conspicuous location notifying cart users that removal of carts from the premises or parking area is prohibited without the written consent of the cart owner.

The cart owner shall mark all carts used in its business by its customers. The cart owner shall permanently affix a sign to each cart that identifies the cart owner or the retail establishment, or both; notifies the public that the unauthorized removal of the cart from the retail establishment/cart owner's premises or parking area or the unauthorized possession of the cart is a violation of this Chapter 4; and lists a valid telephone number and address for purposes of facilitating the retrieval of the cart by the cart owner.

§ 4450 Removal; Impoundment; Final Disposition of Unclaimed Carts; Fines.

Removal. The Director shall have the authority to remove any abandoned shopping cart on a City street, sidewalk, right-of-way or on public property, under the following conditions:

Identified Carts. If the abandoned shopping cart is an identified cart, removal may occur three business days after the Director gives the cart owner actual notice of the cart's discovery and location. The cart owner shall be provided actual notice by telephone to the person identified for such purpose in the cart owner's approved plan for its effective cart nuisance abatement program, and the cart owner is deemed to have actual notice if a message if left. The Director shall maintain a record of the time, date, and name of the person notified (or whether a message was left).

Unidentified Carts. If the abandoned shopping cart is an unidentified cart, but other information on the cart provides sufficient information as to the identification of the cart owner, removal may occur either after the Director notifies the cart owner by telephone of the cart's discovery and location and grants a reasonable period of time, not to exceed 24 hours, for the cart owner to retrieve such cart, or immediately after reasonable efforts by the Director to notify the owner by telephone have failed. The Director shall maintain a record of the time, date, and name of the person notified or attempted to be notified.

Unidentifiable Carts. If the cart owner cannot be determined from information on the cart, the cart may be removed immediately by the City and sold or disposed of in accordance with § 4450(c) below.

Immediate Impoundment. Notwithstanding § 4450(a), the City may remove an abandoned shopping cart that was (i) involved in a violation of § 4448, or (ii) otherwise meets the criteria set forth in § 4450(a), without complying with the three-business-day advance notice requirement, provided that each of the following is met:

The cart owner of the abandoned shopping cart is provided actual notice in the same manner outlined by § 4450(a) within 24 hours following the removal and that notice informs the cart owner as to the impoundment location where the cart may be claimed.

Any cart reclaimed by the cart owner within three business days following the date of actual notice as provided pursuant to this subsection shall be released and surrendered to the cart owner at no charge whatsoever and shall not be deemed an "occurrence" under § 4450(d) below.