SHOPPING CARTS

North Las Vegas Municipal Code tit. 8, ch. 8.36

in effect

North Las Vegas Municipal Code § 8.36.010 Definitions.

8.36.010 - Definitions. Unless the context requires otherwise, the words and terms defined in this chapter shall have the meaning ascribed to them in this section. "Authorized city official" means any person designated and empowered by ordinance to abate nuisance activities in the City, and any person authorized by the City manager to enforce the provisions of this chapter. "Business days" means Monday through Thursday, excluding any legal holiday on which the City is closed for business. "Cart retrieval service" means a business establishment duly licensed in the City that retrieves shopping carts from public property and returns such retrieved shopping carts to the shopping cart owner thereof on a regular basis in exchange for payment of a fee. "City" means the City of North Las Vegas, Nevada. "City Manager" means the City manager of the City. "Identification sign" means a sign or sticker having minimum dimensions of two inches by six inches, that is permanently affixed to every shopping cart and that: a. Identifies the name, address and telephone number of the shopping cart owner; b. Notifies the public of the procedure, if any, the shopping cart owner has established through which persons can obtain written authorization to remove the shopping cart from the premises; c. Notifies the public that the removal of a shopping cart from the premises, or the use or possession thereof away from the Premises, without written authorization from the shopping cart owner is a violation of Nevada Revised Statutes 205.860 and of North Las Vegas Municipal Code Section 8.36.030; d. Notifies the public that the retrieval of a shopping cart without written authorization from the shopping cart owner is a violation of Nevada Revised Statutes 205.850; and e. Lists a functioning telephone number and an address that can be used to coordinate the return of a shopping cart to the shopping cart owner, or to notify the shopping cart owner of the location of such shopping cart. "Notice" means written notice to a shopping cart owner or its representative delivered personally or sent via certified mail to any of the following addresses: a. The premises; b. The address indicated on the City business license application of the shopping cart owner; c. The address indicated on the identification sign; or d. The last known address of the shopping cart owner. "Person" means a natural person, or a corporation, partnership, limited liability company, or other form of entity or artificial person. "Premises" means the interior of a business establishment, and all exterior landscaped areas, pedestrian areas and sidewalks adjacent to a business establishment, and the designated parking lot area provided by a business establishment for its customers to park their automobiles or other means of transportation while they patronize the business establishment. The premises includes the entire parking area used by a multi-store complex or shopping center wherein such business establishment is located. "Private property" means all real property in the City, but excluding public property. "Public property" means all real property owned, leased or occupied by the City, all real property in which the City has a possessory interest, and any easement granted to the City for public purposes, including, without limitation, public streets, parks, alleys, sidewalks, flood control channels, and any other real property within the City owned, leased or occupied by any governmental entity. "Shopping cart" means a basket, or similar device, that is mounted on wheels and is generally used by customers and patrons in retail or wholesale business establishments for the purpose of transporting goods of any kind within the premises thereof. The term includes any constituent part of a shopping cart, as well as a shopping cart that is dismantled or not in working order. "Shopping cart owner" means, with respect to any shopping cart: a. The legal owner of such shopping cart; b. The owner or operator of a business establishment that is authorized by the legal owner of such shopping cart to provide such shopping cart for use by customers and patrons at the premises of the business establishment; and c. The authorized agents and employees of the persons listed in subsections (a) and (b). (Ord. 1707 § 1 (part), 2002)

North Las Vegas Municipal Code § 8.36.020 Shopping carts on public property and private property declared a nuisance.

8.36.020 - Shopping carts on public property and private property declared a nuisance. A shopping cart placed, located, left, situated or found upon any public property or any private property (excluding the premises at which the shopping cart owner provides such shopping cart for use by customers), is a public nuisance, which the City or its authorized agents may abate in accordance with this chapter and applicable law. (Ord. 1707 § 1 (part), 2002)

North Las Vegas Municipal Code § 8.36.030 Unlawful shopping cart removal, use and possession.

8.36.030 - Unlawful shopping cart removal, use and possession. A. It is unlawful for any person, whether for compensation or otherwise, to remove a shopping cart from the premises of any business establishment, unless the shopping cart owner has authorized such removal in writing. Any person engaged in the removal of a shopping cart from the premises of any business establishment shall carry with him or her the written authorization for removal described in this subsection. B. It is unlawful for any person, whether for compensation or otherwise, to use or possess a shopping cart outside the premises of the business establishment indicated on the identification sign attached to the shopping cart or, if there is no attached identification sign, of the business establishment that provides the shopping cart for use by its customers, unless the shopping cart owner has authorized the use or possession thereof in writing. Any person who uses or possesses a shopping cart outside the premises of such business establishment shall carry with him or her the written authorization for possession and use described in this subsection. C. It is unlawful for any person to fail or refuse to provide or show the authorization(s) described in subsection A and subsection B hereof to an authorized city official upon request therefor. D. This section does not apply to: 1. An authorized city official, or the agent or designee thereof, acting within the scope of his or her duties and in accordance with this chapter; or 2. The shopping cart owner. (Ord. 1707 § 1 (part), 2002)

North Las Vegas Municipal Code § 8.36.040 Shopping cart retrieval.

8.36.040 - Shopping cart retrieval. A. A shopping cart owner is responsible at its expense for promptly removing and retrieving its shopping cart from any public property, and for promptly repairing in a good and workmanlike manner any damage to public property caused by or resulting from such shopping cart being situated on or removed from public property. B. It is unlawful for any person, whether for compensation or otherwise, to retrieve a shopping cart from private property unless the owner of such private property and the shopping cart owner have both authorized such retrieval in writing. Any person engaged in the retrieval of a shopping cart from private property shall carry with him or her the written authorizations for retrieval described in this subsection. C. Subsection B of this section does not apply to an authorized city official, or the agent or designee thereof, acting within the scope of his or her duties and in accordance with this chapter and applicable law. D. It is unlawful for any person to fail or refuse to provide or show the authorizations described in subsection B to an authorized city official upon request therefor. (Ord. 1707 § 1 (part), 2002)

North Las Vegas Municipal Code § 8.36.050 Signage requirements.

8.36.050 - Signage requirements. Each and every shopping cart owner shall: A. Prominently and conspicuously post a notice with minimum dimensions of eight inches by eleven (11) inches at all entrances to the premises and at all entrances to the business establishment, in substantially the following form: "Removal of shopping carts from these premises is prohibited by law." B. Prominently and permanently affix to each shopping cart an identification sign. (Ord. 1707 § 1 (part), 2002)

North Las Vegas Municipal Code § 8.36.060 Mandatory implementation and ongoing use of measures to prevent removal of, or ensure prompt retrieval of, shopping carts.

8.36.060 - Mandatory implementation and ongoing use of measures to prevent removal of, or ensure prompt retrieval of, shopping carts. A. Except as provided in Section 8.36.060(D), each and every shopping cart owner shall implement and enforce, on an ongoing basis and at all times, measures to contain its shopping carts within the premises of its business establishment and/or to prevent any unauthorized person from removing one or more shopping carts from such premises. Permitted measures include any or all of the following: 1. A wheel locking mechanism installed on all shopping carts and used in conjunction with an electronic barrier along the perimeter of the premises, which is activated when a shopping cart crosses the electronic barrier; 2. A physical barrier, such as bollards, restricting shopping carts to a specific area of the premises; 3. A mechanical system requiring a reasonable deposit to use a shopping cart; 4. Shopping carts equipped with a protruding arm or similar device prohibiting a cart from being removed from the interior of a business establishment; or 5. Any other similar method that prevents the removal of shopping carts from the premises. B. Each and every shopping cart owner shall post a sign having minimum dimensions of twelve (12) inches by eighteen (18) inches in a conspicuous location at each entrance to the premises notifying shopping cart users of the containment measures put into place pursuant to this section. C. Each and every shopping cart owner shall implement shopping cart containment measures and otherwise come into compliance with the requirements of this section within three months of final approval of this ordinance by the City Council of the City. D. A shopping cart owner is exempt from the requirements of subsections A, B and C of this Section 8.36.060 during any period of time in which such shopping cart owner implements, enforces and utilizes measures for retrieving shopping carts from public property daily and returning such shopping carts promptly to the shopping cart owner. Permitted measures include any or all of the following: 1. Entering into a written contract with a cart retrieval service requiring the daily retrieval of shopping carts from public property, and the return of such shopping carts to the shopping cart owner; 2. Daily retrieval by the shopping cart owner of its shopping carts from public property; or 3. Any other similar method that results in the daily retrieval of shopping carts from public property. E. Within thirty (30) calendar days following request of the City manager, each shopping cart owner shall provide to the City manager, or his or her designee, information concerning the adequacy and effectiveness of the shopping cart containment or retrieval measures implemented pursuant to this Section 8.36.060, and any similar information as requested by the City manager. (Ord. 1707 § 1 (part), 2002)

North Las Vegas Municipal Code § 8.36.070 Penalty for failure to comply with Section 8.36.060.

8.36.070 - Penalty for failure to comply with Section 8.36.060. A. If a shopping cart owner fails to implement shopping cart containment or retrieval measures in compliance with Section 8.36.060, or if, after such measures are implemented, the shopping cart owner fails to enforce such measures on an ongoing basis, the City shall give notice of noncompliance to such shopping cart owner, which notice of noncompliance shall set forth the following: 1. That the shopping cart owner is in violation of Section 8.36.060 of the North Las Vegas Municipal Code; 2. That pursuant to Section 8.36.070(B) of the North Las Vegas Municipal Code the City shall levy a penalty against the shopping cart owner in the amount of twenty-five dollars ($25.00) for each calendar day the shopping cart owner is not in compliance with Section 8.36.060; 3. That the shopping cart owner may submit a written request for an administrative hearing as described in Section 8.36.100 of the North Las Vegas Municipal Code within ten (10) calendar days after the date of the notice, which hearing shall be conducted in accordance with this chapter; 4. That the levy of a penalty pursuant to Section 8.36.070(B) shall be stayed during the pendency of the administrative hearing requested pursuant to Section 8.36.100; and 5. That the shopping cart owner will be deemed to have waived its right to an administrative hearing if a written request for a hearing is not submitted to the City within ten (10) calendar days after the date of the notice. B. If on the eleventh (11th) calendar day following the date of the notice required by Section 8.36.070(A), the shopping cart owner who was given the notice under Section 8.36.070(A) remains noncompliant with Section 8.36.060 and has failed to file with the City a written request for an administrative hearing, then the City shall assess a civil penalty against such shopping cart owner in the amount of twenty-five dollars ($25.00) for each calendar day of noncompliance with Section 8.36.060. (Ord. 1707 § 1 (part), 2002)

North Las Vegas Municipal Code § 8.36.080 Disposition of shopping cart by authorized city official.

8.36.080 - Disposition of shopping cart by authorized city official. In the event a shopping cart is placed, located, left, situated or found upon public property, such shopping cart will be deemed abandoned and an authorized city official, or the authorized agent or designee thereof, may take any or all of the following actions: A. The authorized city official, or the authorized agent or designee thereof, may remove, or cause the removal of, the abandoned shopping cart and return it, or cause it to be returned, to the location indicated on the identification sign or to the shopping cart owner. The shopping cart owner shall be responsible for payment of the City's fees and actual costs for retrieving and returning such shopping cart pursuant to this Subsection. B. The authorized city official, or the authorized agent or designee thereof, may impound the abandoned shopping cart in accordance with Section 8.36.090. C. The authorized city official, or the authorized agent or designee thereof, may give notice to the shopping cart owner of the location of such abandoned shopping cart. Such notice shall state that the shopping cart owner has one calendar day following the date of the notice to remove or cause the removal of such shopping cart from the public property upon which it is placed, located, left, situated or found and that the City may impound the abandoned shopping cart pursuant to Section 8.36.090 if the shopping cart owner fails to remove or cause the removal thereof within such one day period. If removal of the abandoned shopping cart is not accomplished by or on behalf of the shopping cart owner within such one day time period the authorized city official, or the authorized agent or designee thereof, may remove or cause the removal of the abandoned shopping cart, and may impound it in accordance with Section 8.36.090. For purposes of this Section 8.36.080, "Shopping cart owner" includes the apparent owner of such shopping cart when the actual ownership is unknown. (Ord. 1707 § 1 (part), 2002)

North Las Vegas Municipal Code § 8.36.090 Impound of abandoned shopping cart; notice; impound fee; retrieval by shopping cart owner; disposal by city.

8.36.090 - Impound of abandoned shopping cart; notice; impound fee; retrieval by shopping cart owner; disposal by city. A. Within four business days after the City impounds an abandoned shopping cart pursuant to this chapter, the City shall give notice of impound to the shopping cart owner of the abandoned shopping cart setting forth the following: 1. The date and the location from which the City retrieved the abandoned shopping cart; 2. The location at which the City has impounded the abandoned shopping cart, and its hours of operation; 3. The estimated impound fee as of the date of the notice, and a statement of the amount, if any, by which the impound fee will increase for each calendar day the abandoned shopping cart remains impounded with the City or its agents; 4. That the shopping cart owner of the abandoned shopping cart has thirty (30) calendar days from the date of the notice of impound to retrieve the abandoned shopping cart from the impound location upon payment of the impound fee calculated in accordance with Section 8.36.090(B) of the North Las Vegas Municipal Code and upon provision to the City of reasonable proof of ownership; 5. That an abandoned shopping cart that is not retrieved from the impound location within the thirty (30) day time period permitted by Section 8.36.090(A)(4) will be deemed to be permanently abandoned, and the City may exercise any or all of the remedies permitted by this chapter with respect thereto, but the exercise of such remedies will be stayed during the pendency of an administrative hearing requested pursuant to Section 8.36.090(A)(6); 6. That the shopping cart owner of the abandoned shopping cart may submit a written request for an administrative hearing as described in Section 8.36.100 of the North Las Vegas Municipal Code within ten (10) calendar days after the date of the notice of impound, which hearing shall be conducted in accordance with this chapter; 7. That the shopping cart owner of the abandoned shopping cart will be deemed to have waived its right to an administrative hearing if a written request for a hearing is not submitted to the City within ten (10) calendar days after the date of the notice of impound. B. Each and every time the City, or its agents, impounds an abandoned shopping cart, the City, or its agents, shall assess an impound fee against the shopping cart owner. The impound fee shall be the sum of following amounts: 1. The actual cost to the City of retrieving and transporting the abandoned shopping cart; and 2. An administrative fee of fifteen percent (15%) of the actual cost to the City of retrieving, transporting and storing the abandoned shopping cart at the impound location. C. Any impounded shopping cart not retrieved from the City within thirty (30) calendar days from the date of the notice of impound shall be deemed to be permanently abandoned. The city, at its option, may take any of the following actions: 1. Retain the abandoned shopping cart in impound; 2. Release such abandoned shopping cart to the shopping cart owner upon payment of the impound fee; 3. Sell the abandoned shopping cart at a public auction; 4. Destroy the abandoned shopping cart; or 5. Dispose of the abandoned shopping cart in any lawful manner. In the event the City sells the impounded shopping cart pursuant to Section 8.36.090(C)(3), the shopping cart owner remains liable to the City for all impound fees plus the costs of the sale. Any proceeds from the sale of an abandoned shopping cart shall be applied first to the costs of the sale and second to the amount of the impound fee. The remainder of the sale proceeds, if any, after payment of all costs and expenses and the impound fee, shall be refunded to the shopping cart owner of the abandoned shopping cart so sold. In the event the sum of the costs of the sale and the impound fee exceeds the proceeds from the sale, then the shopping cart owner shall be required promptly to pay the deficiency to the City. D. During the pendency of an administrative hearing pursuant to Section 8.36.100, the City shall not take the actions set forth in Section 8.36.090(C). E. For purposes of this Section 8.36.090, "Shopping cart owner" includes the apparent owner of a shopping cart when the actual ownership is unknown. (Ord. 1707 § 1 (part), 2002)

North Las Vegas Municipal Code § 8.36.100 Hearing procedure.

8.36.100 - Hearing procedure. A. If a shopping cart owner timely and properly makes a written request for an administrative hearing pursuant to Section 8.36.070 or Section 8.36.090, then the City Manager, or his or her designee, shall conduct a hearing within twelve (12) business days after his or her receipt of the written request therefor. B. The request for hearing must set forth the grounds upon which the hearing is requested and provide all relevant facts and documentation known to the shopping cart owner requesting the hearing. C. The city manager, or his or her designee, shall inform the shopping cart owner that requested the hearing of his or her decision in writing within four business days after the hearing is concluded. This decision shall be the final administrative determination. D. With respect to a hearing concerning the City's removal, retrieval or impound of a shopping cart, if, based on the facts and evidence presented, the City manager, or his or her designee, makes a determination that the City's actions with respect to the shopping cart were warranted, then the shopping cart owner thereof shall have fifteen (15) calendar days following such determination to pay the impound fee in accordance with Section 8.36.090(B) and to retrieve the shopping cart from the impound location. After the fifteen (15) day time period has expired, the shopping cart shall be deemed permanently abandoned, and the City may pursue any of the remedies set forth in Section 8.36.090(C). E. With respect to a hearing concerning the City's removal, retrieval or impound of a shopping cart, if, based on the facts and evidence presented, the City manager, or his or her designee, makes a determination that the City's actions with respect to the shopping cart were unwarranted, then the shopping cart owner shall have fifteen (15) calendar days following such determination to retrieve the shopping cart from the impound location and the City shall waive all fees and costs accrued as of that date. After the fifteen (15) day time period has expired, the City shall levy an impound fee in the amount set forth in Section 8.36.090(B), which impound fee must be paid by the shopping cart owner before the shopping cart may be released from impound. In the event the shopping cart remains in impound for an additional fifteen (15) calendar days, the shopping cart shall be deemed permanently abandoned, and the City may pursue any of the remedies set forth in Section 8.36.090(C). F. With respect to a hearing concerning the levying of a penalty pursuant to Section 8.36.070 if, based on the facts and evidence presented, the City manager, or his or her designee, makes a determination that the levying of a penalty pursuant to Section 8.36.070 is not warranted, then the City shall not levy a penalty with respect to the occurrence(s) that is the subject of the administrative hearing. G. With respect to a hearing concerning the levying of a penalty pursuant to Section 8.36.070 if, based on the facts and evidence presented, the City manager, or his or her designee, makes a determination that the levying of a penalty pursuant to Section 8.36.070 is warranted, then the shopping cart owner shall have thirty (30) calendar days to become compliant with Section 8.36.060. If the shopping cart owner has not become compliant with Section 8.36.060 by the expiration of such time period, the City shall levy the penalty set forth in Section 8.36.070 until such time as compliance with Section 8.36.060 is achieved. (Ord. 1707 § 1 (part), 2002)

North Las Vegas Municipal Code § 8.36.110 Violation—Penalty.

8.36.110 - Violation—Penalty. Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction of same, shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the City jail for a period not to exceed six months, or by both such fine and imprisonment. (Ord. 1707 § 1 (part), 2002)

Source: City of North Las Vegas, Nevada, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/north_las_vegas/codes/code_of_ordinances?nodeId=TIT8HESA_CH8.36SHCAFetched: 11/1/2026