§ 12-3. Abandoned shopping carts.

(a)

For this section, "shopping cart" means those pushcarts of the type which are commonly provided by grocery stores, drug stores, or other merchant stores or markets for the use of the public in transporting commodities in stores and markets and incidentally from the store to a place outside the store. (See O.C.G.A. § 16-8-21(a).

(b)

All stores within the Thomson City Limits, which provide shopping carts for patrons must post notice of O.C.G.A. § 16-8-21 in a prominent place near the entrances and exits of the store. When possible each store should post signs on each cart that includes the store name and notification to patrons that it is illegal to remove shopping carts from the store premises.

(c)

Each and every store should implement physical measures to prevent cart removal from the store's premises. Such physical measures may include bollards, security guards, security fencing, warning signs, cart retrieval companies, or any other measures approved by the City of Thomson.

(d)

Within 24 hours of retrieving an abandoned shopping cart, the City of Thomson will notify the owner. The shopping cart's owner has seven business days to retrieve the cart(s). The City of Thomson will charge the shopping cart's owner for retrieval and notification, the amount of which is to be decided and periodically reviewed by the Thomson City Council. For any shopping cart that is not retrieved within seven business days of notification, the shopping cart owner will be charged an additional storage fee to be determined by the Thomson City Council per shopping cart. Any cart that is not retrieved within 30 days of notification will be sold by the City of Thomson and the proceeds of the sale shall be retained by the city as administrative and storage costs.

(e)

It shall be unlawful for an individual to possess or to be in control of a shopping cart anywhere except the storeowner's premises.

(f)

It shall be unlawful for any person to abandon a shopping cart upon any public street, sidewalk, right-of-way, or parking lot, other than a parking lot on the premises of the owner.

(g)

It shall be unlawful to abandon a shopping cart on the property of another.

(h)

It shall be unlawful for any individual to permit the placement or storage of a shopping cart upon that person's property.

(i)

Any individual who finds or discovers an abandoned shopping cart upon his property shall notify the storeowner of the shopping cart immediately disclosing the shopping cart's location. If the shopping cart is not claimed by the owner within 24 hours of the property owner's notification, the property owner shall notify the City of Thomson of the shopping cart's whereabouts.

(j)

Failure to comply with subsections (e), (f), (g), (h), (i), or (j) of this section shall be a misdemeanor.

(Ord. No. 523, 4-8-04)