[Added 8-15-2011 by Ord.
No. 49.41.10]
The City of Albany finds that abandoned shopping carts in the
City create potential hazards to the health and safety of the public
and interfere with pedestrian and vehicular traffic and create a public
nuisance. The accumulation of abandoned carts sometimes wrecked and/or
dismantled on public and private property tends to create conditions
that reduce property values and promote blight and deterioration and
result in a public nuisance. This article is intended to insure that
measures are taken by the owners of shopping carts to prevent the
removal of the shopping carts from the owner’s premises, to
make removal of the cart a violation of this Code and to facilitate
the retrieval of abandoned shopping carts in a manner consistent with
state law.
A.
It shall
be unlawful for any person to remove a shopping cart from the premises
of the owner of such shopping cart without the written consent of
the owner or of his agent, servant or employee given at the time of
such removal. For the purpose of this section, the premises shall
include the entire parking area set aside by the owner, or on behalf
of the owner, for the parking of cars.
B.
It shall
be unlawful for any person to be in possession of any shopping cart
or laundry cart that has been removed from the premises or the parking
area of a retail establishment, with the intent to temporarily or
permanently deprive the owner or retailer of possession of the cart.
C.
It shall
be unlawful for any person to leave or abandon any shopping cart on
any sidewalk, right-of-way, street or other property within the City
other than the property of the owner of the shopping cart.
A.
Every
owner of shopping carts, as defined by this article, shall mark or
cause the cart to be marked and identified conspicuously with a notice
that provides, at a minimum, the following: “Property of (name
of owner). If found, please call (telephone number).”
B.
All owners,
regardless of the number of carts owned, shall ensure that all carts
are secured from public access after close of business hours.
C.
Signs
shall be placed prominently and conspicuously at all locations where
shopping carts are stored that provide a notice of substantially the
following information: "Removal of shopping carts from these premises
is prohibited by City ordinance and will subject the violator to a
fine up to $100."
D.
Specific
physical measures shall be implemented to prevent cart removal from
the business premises. These measures may include, but are not limited
to, disabling devices on all carts, posts, fences or other physical
measures, posting of a security guard to deter and stop customers
who attempt to remove carts from the business premises, security deposits
required for use of all carts, or the rental or sale of utility carts
that can be temporarily or permanently used for transport of purchases.
[Added 9-8-2011 by Ord.
No. 50.91.11]
Violations of this article shall be punishable by a fine not
exceeding $100.
