[HISTORY: Adopted by the Council of the City of Watervliet 7-27-2017 by L.L. No. 6-2017; amended in its entirety 2-4-2021 by L.L. No. 1-2021. Subsequent amendments
noted where applicable.]
The City of Watervliet finds that the current state of abandoned
shopping carts in the City has created a hazard to the health and
safety of the public, interferes with pedestrian and vehicular traffic,
and has created a public nuisance and blighted appearance within the
municipal boundaries. This chapter will require that measures be taken
by owners of shopping carts to prevent the removal of shopping carts
from the owners' premises, to make removal of the shopping cart
a violation of this Code, and to facilitate the retrieval of abandoned
shopping carts.
As used herein, the following words shall have the meanings
below set forth:
The act of leaving, deserting or giving up control and/or
possession of a shopping cart on private or public property.
The City of Watervliet.
Any person or entity, in connection with the function of
a business, who owns, leases, possesses or makes shopping carts available
to customers or the public.
The parking lot or other property provided by a retail establishment
for the use of customers of said retail establishment for the parking
of customer vehicles.
Any building, property or other area upon which any retail
establishment business is conducted or operated in the City of Watervliet,
including the parking area provided for customers in such retail establishment.
Any business located in the City of Watervliet which offers
or provides shopping carts for the use of customers of such business,
regardless of whether such business is advertised or operated as a
retail or wholesale business, and regardless of whether such business
is open to the general public, is a private business, or is a membership
store.
Any device, hand-drawn or propelled vehicle or wheeled container
of the kind customarily provided by merchants to customers for the
purpose of carrying merchandise.
A.Â
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 his agent, servant or employee given at the
time of such removal, except that a shopping cart may be removed to
a parking area of said owner.
B.Â
It shall be unlawful for any person to be in possession of a shopping
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 of possession of the shopping cart.
C.Â
It shall be unlawful for any person to leave or abandon any shopping
cart on any sidewalk, right-of-way, street, avenue, road, highway,
alley, driveway, bridge, crosswalk, municipal parking area or other
property within the City other than the property of the owner of the
shopping cart.
A.Â
Every retail owner of one or more shopping carts shall make or cause
the shopping carts to be marked and identified conspicuously with
the name of the owner.
B.Â
Every retail owner of one or more shopping carts shall provide the
City with a current contact name, phone number, and email address
of a representative that the City may contact when a shopping cart
is found on private or public property other than the parking area
set aside by the owner of shopping carts for the parking of cars by
customers.
C.Â
All owners, regardless of the number of carts, shall ensure that
all shopping carts are secured from public access after close of business
hours.
D.Â
Signs shall be placed prominently and conspicuously displayed at
all locations where shopping carts are stored that provide notice
to customers and others that removal of shopping carts from the premises
is prohibited and a violation of law.
E.Â
Specific physical measures shall be implemented to prevent the removal
of shopping carts from the business premises. Such measures may include,
but are not limited to, disabling devices on all shopping carts, posts,
fences or other physical measures, posting of a security guard to
deter and stop customers who attempt to remove shopping carts from
the business premises, requiring security deposits for use of shopping
carts, or renting or selling of utility carts that can be temporarily
or permanently used for transport of purchases.
A.Â
The Commissioner of Public Works or his designee shall have the authority
to remove or cause to be removed any abandoned shopping cart found
on public property and, with the consent of the property owner, remove
or cause to be removed any abandoned shopping cart from private property.
The Commissioner of Public Works or his designee shall hold and impound
same until redeemed or otherwise disposed of in accordance with this
chapter.
Immediately upon taking possession of a shopping cart pursuant to § 233-5 of this chapter, the City shall mail a notice and invoice, by first-class mail, to the owner of the shopping cart, stating that such shopping cart may be redeemed by the owner upon payment of the sum of $25 to the Department of Finance. The notice shall set forth the times and places where such cart may be redeemed. A receipt shall be given for any payment and such receipt shall entitle the owner to redeem said cart. The Department of Finance shall have the authority to require proof of ownership or right to possession of the shopping cart. Any delivery 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.
Any shopping cart which remains unredeemed by its owner 30 days after mailing of the notice and invoice pursuant to § 233-6 of this chapter shall be destroyed by the City.
