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ORDINANCE NO. 31-89 PLEASE SUBSTITUTE FOR ORDINANCE NO. 31-89 placed on FIRST READING and REFERRED to CMTE OF WHOLE AND P&Z CMTE on 5/15/89, an~ PLACED ON SECOND READING ON~6/~19/89. BY: Brown, Chinnock, Ga%Iagher, Gazzana, George, Graham, Wendling AN EMERGENCY ORDINANCE supplementing Chapter 521 of the General Offenses Code of the Codified Ordinances of the City of Lakewood by adding new Section 521.17 relating to the regulation of shopping cart litter within the City. WHEREAS, the unauthorized removal of shopping carts from the premises of retail merchants and subsequent abandonment of such shopping carts in various locations in the City cause a blight, an eyesore, and create a public nuisance, and WHEREAS, the loss and destruction of shopping carts by local merchants increases the costs of overhead and results in higher retail costs for citizens, and WHEREAS, the control of shopping cart litter would be beneficial to the health, safety and general welfare of the community; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Chapter 521 of the General Offenses Code of the Codified Ordinances of the City of Lakewood be amended by the addition of new Section 521.17 to read as follows: 521.17 SHOPPING CART LITTER. (a) Definitions: (1) "Shopping cart" means a basket of metal, wood, wire or other material mounted on wheels or a device similar thereto such as are generally provided by merchants for carting or carrying merchandise of any nature within the merchant's building that may be used to carry merchandise to customers automobiles. (2) "Public place" includes the following: a street, sidewalk, avenue, road, alley, lane, highway, tree lawn, curb lane and any other public property or right of way located within the City. (b) Every person, who by reason of their business establishment and procedure, makes shopping carts available to any member of the public, any customer, or any other person, shall conspicuously identify such shopping carts with an identification clearly indicating the name of the person or establishment and the location of same. (c) It shall be unlawful for any person to take or remove, without intent to return, any shopping cart more than 100 feet from the premises, property, or adjacent parking lot of its owner without having first obtained the written consent of said owner or said owner's authorized agent. (d) The Department of Public Works or Department of Safety may remove any shopping cart found in any public place, storing the same within the City in a place of safekeeping until it shall be redeemed, sold, or otherwise disposed of as hereinafter provided.