CHAPTER 14A. NUISANCES.
Article V. Regulation of Shopping Carts.
Sec. 14A-5-8. Recovery by owner.
Claims to recover an impounded shopping cart shall be presented to the
city in accordance with the following:
(1) A cart owner or his authorized
representative, may, by appointment, inspect impounded carts to determine if any
of the owner’s carts are present.
(2) A cart owner may reclaim an
impounded cart at any time during normal business hours prior to disposal or
destruction by paying all applicable administrative fees and fines, except as
provided in subdivision (c) of this section.
(3) The owner of an identified
cart may reclaim it within three business days following the date of actual
notice of impoundment at no charge whatsoever, including the waiver of any
administrative fees and fines that would otherwise be applicable pursuant to
Section 14A-5-7 of this article. Any identified cart reclaimed by the owner or
his authorized representative within the three business days shall not be deemed
an occurrence for purposes of Section 14A-5-7(b) of this article. Any impounded
identified cart that is not reclaimed by the owner within three business days
following the date of actual notice of impoundment shall be subject to any
applicable administrative fees and fines imposed pursuant to Section 14A-5-7 of
this article, commencing on the fourth business day following the date of actual
notice of impoundment.
(4) No cart shall be released to a person seeking to
reclaim it, unless such person submits to the city reasonably credible evidence
of ownership or right to possession of the impounded cart. There shall be a
presumption that an identified cart is owned by the business establishment
designated on the cart.
(5) Any release of a cart to a person deemed by the
city to be entitled thereto, shall be an absolute defense of the city against
any other person claiming to be entitled thereto. (Ord. No. 1435, § 3