§ 15-24. Recovery by owner

Claims to recover an impounded shopping cart shall be presented to the director of public services, or his designee, in accordance with the following:

(a) A cart owner or his authorized representative, may, by appointment, inspect impounded carts to determine if any of the owner's carts are present.

(b) 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) below.

(c) The owner of an identified cart may reclaim it within three (3) 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 15-23 above. Any identified cart reclaimed by the owner or his authorized representative within the three (3) business days shall not be deemed an occurrence for purposes of section 15-23B above. Any impounded identified cart that is not reclaimed by the owner within three (3) business days following the date of actual notice of impoundment shall be subject to any applicable administrative fees and fines imposed pursuant to section 15-23 commencing on the fourth (4th) business day following the date of actual notice of impoundment.

(d) 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.

(e) 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. 09-8, § 1, 7-21-09 )