§ 39-25. City possession and disposal of abandoned shopping carts.

(a)

Any abandoned shopping cart, found off store premises, may be picked up by the city.

(b)

Shopping carts which are clearly marked and identified as required in this article, but not located on the premises may be picked up by city forces in accordance with law.

(c)

The director shall attempt to notify owner of the location of an abandoned shopping cart clearly marked and identified in accordance with this article and allow the owner to retrieve the shopping cart within the times stated in section 39-24, before the city takes possession of the shopping cart. However, at the sole discretion of the director, the city may take possession of any shopping cart found off premise without attempting to notify the owner. Carts covered under this provision include, but are not limited to, the following:

(1)

Carts without identifying cart ownership markings;

(2)

Carts located in a drainage facility;

(3)

Damaged or unusable carts;

(4)

Carts that pose a hazard to vehicles or pedestrians; or

(5)

Any other situation or circumstance which the city deems it necessary to retrieve a cart found off store premises.

The director's failure to provide initial notice shall not affect the owner's obligation to retrieve a cart from the city storage facility and pay the appropriate fee.

(d)

Upon taking possession of any shopping cart clearly marked and identified in accordance with this article, the director shall:

(1)

Hold the shopping cart at the city storage facility, and

(2)

Give written notice to the owner as identified on the shopping cart permit application at least thirty (30) days in advance of the date and time when the shopping cart may be retrieved.

(e)

The city may auction, recycle, or dispose as waste any carts remaining unclaimed thirty (30) days after written notice is given to owner. Any cart damaged to the extent it cannot roll, or carts not clearly marked with identification as required by this section may be disposed by the city at any time.

(Ord. No. 2009-9097, § 2, 7-23-09)