Chapter 243
AN ACT
SB 645
Relating to shopping carts.
Be It Enacted by the People of
the State of
SECTION 1. (1) A local government may enact or adopt an
ordinance, charter provision, resolution or other regulation to prohibit the
unauthorized appropriation of a shopping cart from the business premises of the
person that owns the shopping cart and to provide for the salvage or
reclamation of an abandoned shopping cart.
(2) An ordinance,
charter provision, resolution or other regulation enacted or adopted as
described in subsection (1) of this section shall substantially conform with the requirements set forth in section 2 of this 2007
Act. This subsection does not preclude a local government from enacting or
adopting an ordinance, charter provision, resolution or other regulation
related to the collection or retrieval of abandoned shopping carts by a person
that is subject to but not in compliance with section 2 (1)(d) of this 2007
Act.
(3) For purposes of this
section, “local government” means a city, county, special district or other
public commission, authority or entity organized under state statute or city or
county charter.
SECTION 2. (1) A local government in an ordinance,
charter provision, resolution or other regulation enacted or adopted in
accordance with section 1 of this 2007 Act shall provide
that a person that supplies shopping carts for public use at the person’s
business shall:
(a) Post signs in
sufficient number to give notice to members of the public entering onto or
leaving the business premises that unauthorized appropriation of a shopping
cart is a crime under ORS 164.015 and to provide a toll-free telephone number
that members of the public may use to report abandoned shopping carts.
(b) Identify the person’s
business on each shopping cart and post a sign on the shopping cart that:
(A) Notifies any member
of the public using the shopping cart that unauthorized appropriation of a
shopping cart is a crime under ORS 164.015; and
(B) Provides a toll-free
telephone number for use in reporting an abandoned shopping cart.
(c) Establish, maintain
and make available to the public, at the person’s own expense, a toll-free
telephone line for the purpose of reporting abandoned shopping carts. The
person shall forward each report the person receives concerning an abandoned
shopping cart to the owner of the shopping cart and to the appropriate local
government within one business day after the person receives the report. The
person may forward the report to the local government by means of electronic
mail or in any other manner provided for in a local government regulation.
(d) Retrieve or contract
for the retrieval of abandoned shopping carts.
(2) An ordinance,
charter provision, resolution or other regulation enacted or adopted in
accordance with section 1 of this 2007 Act shall provide that a person may
agree with other persons to share and to pay expenses related to the toll-free
telephone line described in subsection (1)(c) of this section. The agreement
shall provide that any person designated to operate the toll-free telephone
line and receive reports concerning abandoned shopping carts must forward the
reports in accordance with subsection (1)(c) of this section.
(3) An ordinance,
charter provision, resolution or other regulation enacted or adopted in
accordance with section 1 of this 2007 Act shall provide that a person shall
retrieve a shopping cart that the person owns within 72 hours after receiving
notification that the shopping cart has been abandoned.
(4) An ordinance,
charter provision, resolution or other regulation enacted or adopted in
accordance with section 1 of this 2007 Act shall provide that:
(a) A local government
that identifies, salvages or reclaims an abandoned shopping cart shall use the toll-free
telephone line described in subsection (1)(c) of this section to report the
existence and location of an abandoned shopping cart to the owner of the
shopping cart, if the owner is identifiable;
(b) A local government
may take custody of an abandoned shopping cart and impose a fine of $50 on the
owner of the shopping cart if the owner does not retrieve the shopping cart
within 72 hours after the local government makes a report under paragraph (a)
of this subsection or after the owner receives a report under subsection (1)(c) of this section;
(c) A local government
may release a shopping cart held in the local government’s custody to the owner
upon payment of the fine; and
(d) A local government
may take title to a shopping cart in the local government’s custody and dispose
of the shopping cart as the local government deems appropriate, if the owner
does not claim the shopping cart within 30 days.
(5) For purposes of this
section, “local government” means a city, county, special district or other public
commission, authority or entity organized under state statute or city or county
charter.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date January 1, 2008
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