8.90.030 Definitions.
Except as otherwise expressly set forth herein, the following words and terms as used in this chapter shall have the following meanings:
“Authorized agent” means the owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart.
“Authorized customer” means a customer of the owner of the shopping cart, having the written permission of the owner or owner’s agent to remove the shopping cart from the owner’s premises.
“Cart patrol and retrieval company” means a contracted agent or designee of the authorized agent who recovers shopping carts on behalf of retail establishments within a one-mile radius of the contracting retail establishment(s) no fewer than two times per week.
“City Manager” means the City Manager or his or her designee.
“Enforcement personnel” means any City law enforcement officers, code enforcement officers, or designated staff employed by the City of Lakewood.
“Identification sign” or “cart sign” means a clearly visible sign fastened to each cart that provides ownership information required by this chapter.
“Impounded cart” means any shopping cart collected by authorized City personnel, regardless of whether or not the shopping cart is being transported to or is stored within City facilities.
“Lost, stolen, or abandoned shopping cart” means a shopping cart that is either:
1. Removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart; or
2. Left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with permission of the owner;
3. For purposes of this chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen, or abandoned, even if in the possession of any person, unless such person in possession thereof is either:
a. The owner, or an employee or authorized agent of the owner, entitled to possession of said shopping cart; or
b. An officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts; or
c. City enforcement personnel retrieving, storing or disposing of said cart pursuant to the provisions of this code;
d. A customer with written permission from the owner or agent of the owner to take the cart off premises.
“Owner” means any person or entity that owns, leases, possesses, or makes more than 10 shopping carts available to customers or the public in connection with the conduct of a business.
“Parking area” means a parking lot or other property provided by a retail establishment for the use of customers of said retail establishment for the parking of customer vehicles. The parking area of a retail establishment located in a multi-store complex or a shopping center shall include the entire parking area used by the multi-store complex or shopping center.
“Premises” means any building, property, or other area upon which any retail establishment business is conducted or operated in the City of Lakewood, including the parking area provided for customers in such retail establishment.
“Retail establishment” means any business located in the City of Lakewood which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store.
“Security measures” means physical impediments or methods to prevent removal of shopping carts from the premises of the retail establishment including, but not limited to:
1. Electronically activated self-braking wheels;
2. Poles mounted to shopping carts, which prevent their removal from the interior of the retail establishment;
3. Utilization of a cart patrol and retrieval company;
4. Dedicated security personnel; and
5. Other measures deemed appropriate and effective by the City Manager.
“Shopping cart” or “cart” means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. [Ord. 725 § 2, 2019.]