44-1799.33. Finding; impoundment of shopping carts by local agencies; conditions; emergencies; costs; fines; disposal of unclaimed carts; applicability

A. The legislature finds that the retrieval by local government agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section.

B. A shopping cart that has a sign affixed to it in accordance with section 44-1799.32 may be impounded by a city, town or county if both of the following conditions have been satisfied:

1. The shopping cart is located outside the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multistore complex or shopping center includes the parking area used by the complex or center.

2. The shopping cart is not retrieved within three business days after the date the owner of the shopping cart, or the owner's agent, receives actual notice from the city, town or county of the shopping cart's discovery and location.

C. If the location of the shopping cart will impede emergency services, obstruct vehicle traffic or create a safety hazard to the public on a public right-of-way, a city, town or county may immediately retrieve the shopping cart from public or private property.

D. A city, town or county that impounds a shopping cart may recover its actual costs for providing this service.

E. A shopping cart that is impounded by a city, town or county shall be held at a location that is within the city, town or county and open for business at least six hours on Monday through Friday of each week except on holidays observed by the city, town or county.

F. A city, town or county may fine the owner of a shopping cart not more than fifty dollars for each occurrence in excess of three during the previous six month period for failure to retrieve shopping carts within one day in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one day period.

G. A shopping cart that is not reclaimed from the city, town or county within thirty days after receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the city, town or county in possession of the shopping cart.

H. Notwithstanding subsection B, paragraph 2 of this section, a city, town or county may impound a shopping cart that otherwise meets the criteria prescribed in subsection B, paragraph 1 of this section without complying with the three day advance notice requirement if all of the following apply:

1. The owner of the shopping cart or the owner's agent is provided with actual notice within twenty-four hours after the impound and that notice informs the owner or the owner's agent of the location where the shopping cart may be claimed.

2. The shopping cart is impounded at a location in compliance with subsection E of this section.

3. The shopping cart is reclaimed by the owner or the owner's agent within three business days after the date of actual notice as provided in paragraph 1 of this subsection and is released and surrendered to the owner or agent at no charge, including the waiver of any impound and storage fees or fines that would otherwise apply pursuant to subsection D or F of this section. Any cart reclaimed within the three business day period is not deemed an occurrence for purposes of subsection F of this section.

I. Any shopping cart not reclaimed by the owner or the owner's agent after three business days after the date of actual notice as provided in subsections B and H of this section is subject to any applicable fee or fine imposed pursuant to subsection D or F of this section commencing on the fourth business day after the date of the notice.

J. Any shopping cart not reclaimed by the owner or the owner's agent within thirty days after the date of actual notice as provided by subsection H, paragraph 1 of this section may be sold or disposed of in accordance with subsection G of this section.