RMC 7.16.005 through 7.16.030 shall be known and may be cited
as the "Shopping Cart Ordinance."
(Ord. No. 3472, § 1, 7-25-2016)
A. The
unauthorized appropriation of a shopping cart from the business premises
of the person that owns the shopping cart is prohibited. Unauthorized
appropriation of a shopping cart is a crime and constitutes theft
under ORS 164.015. A person commits the crime of unauthorized appropriation
of a shopping cart if the person without written permission of the
owner of the shopping cart abandons or is in possession of a shopping
cart that is the property of another more than 100 feet away from
the parking area of the retail establishment or shopping cart containment
area of the owner of the shopping cart.
B. This Section shall apply only if the shopping cart provider has complied with RMC Section
7.16.020.
(Ord. No. 3472, § 1, 7-25-2016)
A. A person
that supplies shopping carts for public use at the person's business
shall:
1. Post
signs in sufficient number to give notice to members of the public
entering onto or leaving the business premises that unauthorized appropriation
of a shopping cart is a crime under ORS 164.015, and provide a toll-free
or local telephone number that members of the public may use to report
abandoned shopping carts; and
2. Identify
the person's business on each shopping cart and post a sign on the
shopping cart that:
a. Notifies any member of the public using the shopping cart that unauthorized
appropriation of a shopping cart is a crime under ORS 164.015; and
b. Provides a toll-free or local telephone number for use in reporting
an abandoned shopping cart; and
3. Establish,
maintain and make available to the public, at the person's own expense,
a toll-free or local telephone line for the purpose of reporting abandoned
shopping carts. If the person who provides the carts has a contractor
who receives the calls concerning abandoned shopping carts, that contractor
shall forward each report the contractor receives concerning an abandoned
shopping cart to the owner of the shopping cart and to the City's
Code Enforcement Office within one business day after the contractor
receives the report; and
4. Retrieve
or contract for the retrieval of abandoned shopping carts.
(Ord. No. 3472, § 1, 7-25-2016)
A. A person
may agree with other persons to share and to pay expenses related
to the toll-free telephone line described in RMC 7.16.020(A)(3). The
agreement shall provide that any person designated to operate the
toll-free telephone line and receive reports concerning abandoned
shopping carts must forward the reports in accordance with RMC 7.16.020(A)(3).
B. A person
shall retrieve a shopping cart that the person owns within 72 hours
after receiving notification that the shopping cart has been abandoned.
C. If the
City identifies, salvages or reclaims an abandoned shopping cart,
it shall use the toll-free telephone line described in RMC 7.16.020(A)(3)
to report the existence and location of an abandoned shopping cart
to the owner of the shopping cart, if the owner is identifiable.
D. The City may take custody of an abandoned shopping cart and impose a fine of $50.00 on the owner of the shopping cart if the owner does not retrieve the shopping cart within 72 hours after the City makes a report under Subsection
(C) of this Section or after the owner receives a report under RMC 7.16.020(A)(3).
E. The
City may release a shopping cart held in the City's custody to the
owner upon payment of the $50.00 fine.
F. The
City may take title to a shopping cart in the City's custody and dispose
of the shopping cart as the City deems appropriate, if the owner does
not claim the shopping cart within 30 days.
G. A City
Code Enforcement Officer may issue citations for the commission of
a violation of this Chapter. A violation proceeding under this Chapter
shall be processed in accordance with ORS Chapter 153.
(Ord. No. 3472, § 1, 7-25-2016)