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G38-00 Ordinance No. G38-00 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, BY ADDING CHAPTER 6 . 61 THERETO ENTITLED "SHOPPING CARTS" WHEREAS, abandoned shopping carts interfere with pedestrian and vehicular traffic within the city; and WHEREAS, the accumulation of wrecked, dismantled and abandoned shopping carts on public property also tends to create conditions that reduce property values, promoting blight and deterioration in the city; and WHEREAS, abandoned shopping carts create other hazards to the public health and safety and otherwise constitute a nuisance; and WHEREAS, the City of Elgin is a home rule unit and may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of shopping carts so as to reduce interference with pedestrian and vehicular traffic and reduce the nuisance effect thereof pertain to the government and affairs of the City of Elgin. eft. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Title 6 of the Elgin Municipal Code, 1976, as amended, entitled "Business Licenses and Regulation" be and is hereby further amended by adding thereto Chapter 6 . 61 entitled "Shopping Carts" to read as follows : "CHAPTER 6 . 61 SHOPPING CARTS 6 . 61 . 010 DEFINITIONS . A. Owner. "Owner" means a person or business establishment owning, making available or using shopping carts in connection with its business . B . Person. "Person" means and includes a natural person, firm, partnership, association, sole proprietorship or corporation as well as any agents, representatives or employees thereof . C . Shopping Cart . "Shopping Cart" means a basket which is mounted on wheels or a similar device generally used in a retail establishment, r grocery store or a laundromat by a customer for the purpose of transporting goods of any kind. 6 . 61 . 020 SHOPPING CART REMOVAL FROM BUSINESS PREMISES PROHIBITED. It shall be unlawful for any person to remove any shopping cart from the premises or parking area of any business establishment . The provisions of this section shall not apply to the removal by the owners or employees of the business . 6 . 61 . 030 ABANDONMENT PROHIBITED. It shall be unlawful for any person to abandon or leave any shopping cart which has been removed from the premises of a business establishment upon any public street, alley, sidewalk, parkway or other public property, or upon any private property except that of the owner of such shopping cart . 6 . 61 . 040 POSSESSION OF SHOPPING CART OFF BUSINESS PREMISES PROHIBITED. It shall be unlawful for any person to have in his possession any shopping cart which has been removed from the owner' s premises . The provisions of this section shall not apply to possession by the owner or its employees of the business, nor to possession by any person possessing the express written consent of the owner or its authorized agent . 6 . 61 . 050 POSTING OF NOTICE. Each business establishment furnishing shopping carts for its customers shall post prominently and conspicuously at all entrances and exits to its business establishment a notice in substantially the following form: "THE REMOVAL OF SHOPPING CARTS FROM THIS ESTABLISHMENT ' S PROPERTY IS PROHIBITED BY ELGIN MUNICIPAL CODE CHAPTER 6 . 61 AND WILL SUBJECT THE VIOLATOR TO A MINIMUM FINE OF $100 . 00 . " Such notice shall be placed in such a position and be of sufficient size and legibility so as to insure that the persons leaving such places of business shall be fully informed of the prohibitory provisions contained in this chapter. 6 . 61 . 060 SHOPPING CART COLLECTION BY OWNER. All shopping carts left in a business establishment ' s parking lot and in adjacent outside areas shall be collected at regular intervals throughout the day and at closing by the business establishment ' s personnel . Shopping carts shall be stored either inside the building or in an outside storage rack. 6 . 61 . 070 SHOPPING CART IDENTIFICATION REQUIRED. Every person who, in connection with the conduct of business including but not limited to the retail sale of groceries, owns or makes any shopping cart available to the public, shall mark or cause each shopping cart to be marked and identified conspicuously with the name of the owner, name of the business establishment and the address of such business establishment . 6 . 61 . 080 CITY ABATEMENT. All shopping carts remaining in any location other than the business establishment shall be deemed abandoned and may be collected and stored by or on behalf of the city. The city shall cause written notification to be sent to the owner of such a shopping cart of any abandoned shopping cart that has been collected by or on behalf of the city. The owner shall within fourteen (14) days from the date of the notification retrieve the shopping cart from the specified storage location. Commencing with the fourth such notification in any calendar year to an owner regarding an abandoned shopping cart the owner of the shopping cart shall be liable for and shall pay to the city a retrieval and storage fee in the amount of $25 for each cart collected by or on behalf of the city and retrieved by the owner. Any shopping cart not reclaimed by the owner from the specified storage location within fourteen (14) days after notification to the owner shall be sold or otherwise disposed of by or on behalf of the city. The owner of any shopping cart disposed of by or on behalf of the city shall be liable for and shall pay to the city a disposition fee of $150 for each shopping cart disposed. The city manager is authorized in the city manager' s discretion to retain the services of a private firm to perform on behalf of the city the functions relating to the collection, storage, notification and disposal of shopping cars . 6 . 61 . 090 PENALTY FOR VIOLATION. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter, in addition to the fees and charges established in this chapter, shall be guilty of an offense and shall be punished by fine of not less than $100 nor more than a fine of $500 . Each day during which a violation of this chapter continues or is permitted to exist shall be considered a separate and distinct offense . 6 . 61 . 100 SEVERABILITY. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and its application to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to the legislative intent of the city council that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been included. " eft. Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect from and after September 1, 2000 . Ed Schock, Mayor Presented: June 28, 2000 Passed: June 28, 2000 Omnibus Vote : Yeas 7 Nays 0 Recorded: June 29, 2000 Published: June 30, 2000 Attest : • r Dolonna Mecum, City Clerk