Exemptions

(a)

Any owner desiring an exemption from the identification markings requirements of subsection 31-84(a) shall file a petition for exemption with the city manager or designee. The filing fee for a petition for exemption shall be $500.00 per year for each premises and due on or before October 1 of each year. A petition for exemption shall be valid for a period of no more than one year.

(b)

Upon such filing, the city manager or designee shall issue the owner an exemption from the requirements of subsection 31-84(a) if:

(1)

Physical barriers exist to prevent the removal of the cart(s) from the premises or the parking lot where utilized, which conform to all applicable building code requirements;

(2)

Electronic wheel locking mechanism, alarms, or other security devices (such as wheel locking mechanisms to be used in conjunction with an electronic barrier or protruding arms or similar devices prohibiting the cart from being removed from the interior of the premises) are attached to the carts to prevent its removal from the premises or the parking lot where utilized;

(3)

A system has been established, which may be mechanical in nature, requiring a deposit to use the cart in an amount which would not deter the use of the cart but would encourage the return of the cart; or

(4)

Similar methods have been adopted that would prevent the removal of a cart from the premises where utilized.

(c)

Any exemption granted under this article shall expire if the grounds for the exemption cease to be maintained or used.

(d)

Any owner with a commercial establishment who provide carts for use by a customer prior to the effective date of this article, shall have a period of one year from the effective date of this article to come into compliance with this article.

(e)

The owners of a premises of under 5,000 square feet with a maximum of 15 carts or less for use by a customer of the premises shall be exempt from the requirements of this article.

(Ord. No. 13788, § 2, 9-27-18; Ord. No. 14173, § 2, 5-25-23)