§ 28-56. Abandoned shopping carts.

(a)

Declared nuisance; imposition of penalty. It is hereby found and declared that the abandonment of shopping carts within the City of Danbury is a nuisance, unsightly, and often represents a hazard to the public through the obstruction of travel on streets, sidewalks and other public property within the City. It is further found and declared that the imposition of penalties for the removal of shopping carts from business establishments within the City and the imposition of storage and retrieval charges to cover the costs associated with collection of abandoned shopping carts by the City serves the best interests of public safety, welfare and convenience.

(b)

Posting of signs. Within sixty (60) days of the effective date hereof, all business establishments within the City providing shopping carts for the use of their patrons shall post, in a conspicuous place, a sign or notice stating that the removal of shopping carts from the premises constitutes a violation of this section, and further stating that violators will be subject to a fifteen-dollar ($15.00) fine.

(c)

Removal from premises prohibited; defense to prosecution. It shall be unlawful for any person, other than the owner thereof, to remove a shopping cart from the premises of any business establishment within the City. It shall be an affirmative defense to prosecution under this subsection that the business establishment involved has failed to comply with the provisions of subsection (b) in this section.

(d)

Presumption of abandonment; transportation and storage; charges for storage. For purposes of this section, shopping carts found on any street, sidewalk or other public property and not under the direct control of any person shall be presumed to be abandoned. All such shopping carts shall be transported by the Department of Public Works to a suitable place for storage. The owners thereof may retrieve said carts upon payment of all storage and retrieval charges for which they are liable. A storage charge of two dollars ($2.00) per week, but not exceeding fifty dollars ($50.00) shall be imposed together with a retrieval charge of ten dollars ($10.00) for the return of each such shopping cart. If the owners thereof fail to retrieve said carts for a period of six (6) months a notice of sale shall be published in a newspaper having a general circulation in the City of Danbury. If the owners do not retrieve said carts within one (1) month following said notice, all such carts may be sold at public auction under the supervision of the Sheriff or Deputy Sheriff of Fairfield County and the proceeds of the sale shall be deposited with the Treasurer of the City of Danbury.

(e)

Penalty for violation. Any person failing to comply with the provisions of subsection (b) of this section shall be subject to a fine of fifty dollars ($50.00). Any person failing to comply with the provision of subsection (c) of this section shall be subject to a fine of fifteen dollars ($15.00).

(Code 1961, § 12-33; Ord. No. 295, 3-1-1983; Ord. No. 318, 6-4-1985)