(Legislative History: Ordinance No. 91-025, 12/17/91 (Sections 4-30-100 — 4-30-140))
"Street"
shall mean a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, cross walk, sidewalk, parks, parking lots, parking areas, and places used by the general public;
"Person"
shall mean any person, corporation, partnership, association, joint stock company, and other entity capable of being sued;
"Cart"
shall mean a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.
Every person who, in connection pith the conduct of a business including but not limited to a food dispensing business, owns or makes any cart available to the public, shall mark or cause the same to be marked and identified conspicuously with the name, address and telephone number of the owner. Such identification shall be in the form of a metal or plastic tag or plate securely fastened to the cart or a cutting or standing on the frame of the cart.
It shall be unlawful for any person, or an agent thereof, to leave or permit to be left, any cart, either owned by him or her or in his or her possession, custody or control, upon any sidewalk, street or other public place, or upon any private property except that of the owner of such cart.
The City shall remove or cause to be removed any cart found upon any street, other public place or upon any private property except that of the owner of the cart, and shall take same to City property where it shall be held until redeemed, sold or otherwise disposed of, as hereinafter provided.
Whenever the City shall take any cart containing identification of ownership or right to possession, a notice shall be sent by ordinary mail to such person advising that such cart is held by the City and that the cart may be redeemed within 15 days upon payment of an impoundment fee established by resolution of the City Council.
An impounded cart may be redeemed by the owner or the owner's agent, at any time prior to disposal. The owner or agent of owner shall be entitled to receive the cart upon payment of the impoundment fee. No cart shall be released to a person seeking to redeem, unless proof is submitted establishing to the satisfaction of the City such person's ownership or right to possession. Any release 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.
Thirty days after notice to the owner, any unclaimed carts may be disposed of by the City. Carts that are unidentifiable as to ownership may be disposed of by the City 30 days after impounding.
Any disposition of such cart made pursuant to this Chapter shall be without any liability of the City to the owner of such cart or other person lawfully entitled thereto or having an interest therein.