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HomeMy WebLinkAboutOrd 4722 05/02/1995 ORDINANCE NO. 4722 AN ORDINANCE ESTABLISHING ARTICLE XXI ENTITLED "SHOPPING CARTS" OF CHAPTER 23 OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS Passed and approved by the President and Board of Trustees the 2nd day of May ,1995 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 2nd day of May ,1995. BH/rr;caf 4/26/95 ORDINANCE NO. 4722 AN ORDINANCE ESTABUSHING ARTICLE XXl ENTITLED "SHOPPING CARTS" OF CHAPTER 23 OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT: SECTION ONE: That Chapter 23 entitled "Offenses and Miscellaneous Regulations" of the Village Code of Mount Prospect, as amended, be and the same is hereby further amended by establishing Article XXl entitled "Shopping Carts"; so that hereafter said Article XXI of Chapter 23 shall be and read as follows: " ARTICLE XXI SHOPPING CARTS SECTION: 23.101 Definitions 23.102 Duties of Owners of Shopping Carts 23.103 Removal of Shopping Carts from Public or Private Property 23.104 Shopping Carts Prohibited from Public Ways 23.105 Posting of Notice 23.106 Penalty Sec. 23.101. Definitions. Whenever in this Article the folloWing words are used, they shall, for the purpose of this Article, have the meanings respectively ascribed to them in this Article, except when the context otherwise indicates. SHOPPING CART: A wheeled cart in which a business establishment claims a property interest and which is composed of baskets or other receptacles used for the purpose of storing merchandise in the course of purchase in any retail or wholesale establishment. OWNER: Individual, partnership, corporation or other entity, possessing or leasing a place of business which offers shopping carts for the use of customers of the business establishment. PREMISES: The area owned by or leased to the owner of a shopping cart for sales or service to or parking for its customers. Sec. 23.102. Duties of Owner of Shopping Carts. A. Identification. The owner of a shopping cart shall identify the cart by a permanent mark or plate containing the name, address and phone number of the premises at which the cart is used. B. Return of Shopping Carts. It shall be the responsibility of the owner of any shopping cart to take such reasonable action as is necessary to ensure that all shopping certs remain on the owner's premises or returned to the premises by the owner or his agents and employees. C. Reclamation of shopping certs. It shall be the responsibility of the owner of any shopping cart to reclaim the cart, in the manner provided in this Article XXI, within five (5) days after receiving written notice of the cart's location. hopping Carts Page 2 of Sec. 23.103. Removal of shopping carts from Public or Private Property. Any shopping cart found off the owner's premises shall be promptly reclaimed by the owner. Any shopping cart found on public property shall be deemed abandoned property. Any shopping cart located on private property without the consent of the owner or lessee of such property, shall be deemed abandoned property. The Village may remove to Village property any abandoned shopping cart of which it has notice. Any abandoned shopping cart shall be disposed of by the Village after giving the owner five (5) days written notice of its intent to do so. Any owner who desires to reclaim an abandoned cart shall first pay to the Village a fee of fifteen ($15.00) dollars for each cart which the Village is required to pick up. There shall be a removal and disposal charge of fifty ($50.00) dollars payable to the Village for each cart unclaimed after the five (5) day reclamation period. Nothing in this Article shall require the Village to take any action to identify the owner of any shopping cart which does not bear the required identification. Sec. 23.104. Shopping Carls Prohibited From Public Ways. It shall be unlawful for any person to push, pull, propel or maneuver in any form a shopping cart upon the public streets and public ways of the Village. It shall also be unlawful for anyone other than the owner of the shopping cart to remove a cart from the premises on which it was originally located. Sec. 23.105. Posting of Notice. The owner of any shopping cart or carts is required to post signs containing the provisions of this Article XXI in a conspicuous place on the owner's premises. Sec. 23.106. Penalty. Any person, firm or corporation violating any term or provision of this Article shall be guilty of a violation hereunder, and upon conviction hereof shall be subject to a fine of not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars, and each separate violation hereof shall be deemed a separate offense." SECTION TVVO: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Clowes, Corcoran, Hendricks, Hoefert, Skowron, Wilks NAYS: None ABSENT: None PASSED and APPROVED this 2nd day of Hay ,1995. Gerald L. F~rley Village President ATTEST: ~ . Carol A. Fields Village Clerk