Any cart that has been removed from the premises of the business
which owns, leases or controls the cart, without express consent of
the business owner, regardless of whether the cart has been left on
either private or public property.
The land and building upon which a business operates, including
the parking lot.
A basket or platform mounted on wheels or casters used in
a business by a customer for the purpose of transporting goods. Examples
include, but are not limited to, grocery carts, laundry carts, and
dollies.
(Ord. 1842 § 1, 2001)
It is unlawful for any person to remove a cart from the premises
of a business which furnishes the cart to customers without the prior
express consent of the business owner.
(Ord. 1842 § 1, 2001)
Every business furnishing carts for use by customers shall post a notice in substantially the following form: "REMOVAL OF CARTS FROM THE PREMISES IS PROHIBITED BY LAW AND VIOLATORS ARE SUBJECT TO A MINIMUM FINE OF $100.00. (PMC § 6.30.020)."
(Ord. 1842 § 1, 2001)
It is unlawful for any person to leave a cart upon any sidewalk,
street, or other public place, or upon any private property, except
the premises of the business which furnishes the cart to customers.
(Ord. 1842 § 1, 2001)
It is unlawful for any person to be in possession of a cart
outside of the premises of a business which furnishes the cart to
customers without the express consent of the owner of the business.
(Ord. 1842 § 1, 2001)
Every business which furnishes carts to customers shall mark
each cart with the name of the business, and may include an address
and/or telephone number. Such identification shall be conspicuous.
(Ord. 1842 § 1, 2001)
A.
Notification
for Retrieval of Abandoned Carts. The city shall notify the business
of any abandoned carts used by that business which have been located
within the city. The business shall have three business days from
the date of notification to retrieve the abandoned carts from the
locations specified in the notice. Notification may occur by phone
or facsimile, or in person. The city shall keep a record of the date,
time, and information provided in each notice.
If an abandoned cart is moved by a third party from the original
location, subsequent notification to the business shall commence a
new three business day period for retrieval.
B.
Impoundment
of Abandoned Carts by City. The city has the right, but not the obligation,
to impound abandoned carts if any business fails to retrieve its abandoned
cart(s) within the three business days from the date of notification.
The city may contract with a third party service provider to impound
abandoned carts pursuant to this section.
C.
Administrative
Costs and Fines: Any business that fails to retrieve its abandoned
cart(s) within the three business days from the date of notification
shall pay the city's costs for impounding the abandoned cart(s) and
the city's cost for providing the notification. Such costs shall be
set forth in the master fee schedule (on file in the office of the
city clerk) established by resolution of the city council. Any business
that fails to retrieve abandoned cart(s) within the three business
days from the date of notification in excess of three times during
any six-month period shall be subject to a $50.00 fine per abandoned
cart for each such occurrence.
D.
Alternative Provisions Regarding Retrieval of Abandoned Carts. Not withstanding subsection B of this section, the city may impound an abandoned cart immediately and without prior notice to the business if the abandoned cart is located in a manner which creates a health or safety hazard. In such a circumstance, the city shall subsequently provide the business with notice of the impoundment, and if the cart is reclaimed by the business within three business days following the date of actual notice, the cart shall be released to the business without charge. Any cart not reclaimed by the business within three business days following actual notice shall be subject to the fees and penalties set forth in subsection C of this section.
E.
Impound
Yard. Abandoned carts which are impounded by the city shall be taken
to an impound yard that is reasonably conveniently located to the
city, and open for business at least six hours each business day.
F.
Disposition
of Unclaimed Impounded Carts. Any impounded cart not reclaimed within
30 calendar days after notification to the business shall be sold
or otherwise disposed of by the city.
(Ord. 1842 § 1, 2001)
