Chapter 8.29
SHOPPING CARTS
Sections:
8.29.020 Unauthorized appropriation of shopping carts.
8.29.030 Requirements for shopping cart providers.
8.29.040 Retrieval and disposal of carts--Fees.
8.29.050 Penalties and enforcement.
8.29.010 Definitions.
As used in this chapter, the following terms mean as follows:
A. “Abandoned shopping cart” means any cart that has been removed from the cart owner’s premises without written consent of the owner and is located on either public or private property.
B. “Cart” or “shopping cart” means a basket that is mounted on wheels or a similar device that is provided by an owner to a customer for the purpose of transporting goods of any kind, including a basket used in a laundromat or similar business.
C. “Enforcement officer” means any officer or person designated with the authority to enforce the provisions of this code.
D. “Owner” means any person or entity that, in connection with the conduct of a business, provides carts available to the public for use at their business.
E. “Premises” means the entire area owned, occupied or utilized by an owner, including any parking lot, loading area, and adjacent public rights-of-way, or any other property. (Ord. 3088 §1(part), 2018)
8.29.020 Unauthorized appropriation of shopping carts.
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 off the premises of the retail establishment of the owner of the shopping cart.
B. This section shall apply only if the shopping cart provider has complied with Section 8.29.030. (Ord. 3088 §1(part), 2018)
8.29.030 Requirements for shopping cart providers.
An owner shall:
A. 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 to provide a toll-free or local telephone number that members of the public may use to report abandoned shopping carts.
B. Identify the person’s business on each shopping cart and post a sign on the shopping cart that:
1. 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
2. Provides the toll-free or local telephone number for use in reporting an abandoned shopping cart as required by subsection C of this section.
C. Establish, maintain and make available to the public, at the owner’s expense, a toll-free or local telephone line for the purpose of reporting abandoned shopping carts. The person receiving the calls shall forward each report that person receives concerning an abandoned shopping cart to the owner of the shopping cart and to the city within one business day after the report is received. The person receiving the calls may forward reports to the city by means of electronic mail or in any other manner authorized by council resolution.
D. Retrieve or contract for the retrieval of abandoned shopping carts. (Ord. 3088 §1(part), 2018)
8.29.040 Retrieval and disposal of carts--Fees.
A. Owner may agree with other persons to share and to pay expenses related to the toll-free or local telephone line described in Section 8.29.030(C). The agreement shall provide that any person designated to operate the toll-free or local telephone line and receive reports concerning abandoned shopping carts must forward the reports in accordance with Section 8.29.030(C);
B. Owner shall retrieve owner’s shopping cart within seventy-two 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 or local telephone line described in Section 8.29.030(C) to report the existence and location of an abandoned shopping cart to the owner, if the owner is identifiable;
D. The city may take custody of an abandoned shopping cart and impose a fine of fifty dollars on the owner if the owner does not retrieve the shopping cart within seventy-two hours after the city makes a report under subsection C of this section or after the owner receives a report under Section 8.29.030(C);
E. The city may release a shopping cart held in the city’s custody to the owner upon payment of the fine; and
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 thirty days. (Ord. 3088 §1(part), 2018)
8.29.050 Penalties and enforcement.
A. These penalties and enforcement provisions are cumulative and in addition to any other remedies available at law or in equity.
B. Violation of Section 8.29.030 shall be an offense against the city and a person who violates this section may be punishable by a civil penalty of not more than one hundred dollars. The violator may apply to the court to perform community service in lieu of a monetary penalty.
C. Each day a violation continues shall constitute a separate offense. (Ord. 3088 §1(part), 2018)