The Prince George's County Council finds and declares that discarded shopping carts constitute a nuisance, creating potential hazards to the health and safety of the public. These discarded carts create conditions of blight in the community, obstructing free access to sidewalks, streets and other public rights-of-way, impede emergency services as well as promote deterioration of County communities thereby reducing property values. It is the purpose of this Division to ensure that retail business owners take reasonable steps to prevent the removal of shopping carts from business premises, and when removed, to provide for prompt retrieval of such shopping carts.

The definitions set forth in this section shall govern the application and interpretation of this Division. County means the Prince George's County Government. Owner means any person or entity, who in connection with the conduct of a retail business, owns, leases, possesses, or makes a shopping cart available to customers or the public. For the purposes of this Division, owner shall also include store owner, manager, on-site manager, on-duty manager or other designated agent of the retail business. Premises means the entire area owned and utilized by the retail business that provides carts for use by customers, including any parking lot or other property provided by the cart owner for customer parking. Retail Business means any business located in Prince George's County which offers or provides twenty (20) or more 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 public, is a private club or business, or is a membership store. Retail business does not include a business operated by either a cooperative organized under the laws of the State of Maryland or a nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Shopping Cart means a basket mounted on wheels or a similar device which is generally used in a retail business by a customer to transport goods of any kind.

Required Identification. Every shopping cart made available for use by customers of a retail business in Prince George's County must have a durable, weatherproof, and legible sign or marking that identifies the following information: the name of the retail business; the address of the retail business; working telephone number that may be used to return the shopping cart removed from the premises to the owner or retail business. Authority to Inspect. The County shall have the authority to inspect shopping carts provided by retail businesses in the County to determine compliance with this Division. Compliance Date and Certification. Each retail business shall comply with the requirements of this section by August 1, 2025. Each such business shall provide written self-certification of compliance to the County in a manner set forth in regulations implementing this Division.

Preventative Measures Required. Each retail business owner or manager shall implement one or more of the following measures to prevent the removal of shopping carts from the premises: Placing electronic or other disabling devices on all shopping carts; Requiring coin deposits (for example, twenty-five cents) for shopping cart use; Posting a security guard to prevent customers from removing shopping carts from the premises; Utilizing a cart control and retrieval company; Utilizing an in-house cart retrieval system; Other measures deemed appropriate and effective by the County as set forth in published regulations. Penalty for Non-Compliance. The County shall have the authority to fine retail businesses that fail to comply with the requirements of this section two thousand dollars ($2,000) per day after an initial written warning of non-compliance. Compliance Date and Certification. Each retail business shall comply with the requirements of this section by August 1, 2025. Each such business shall provide written self-certification of compliance to the County in a manner set forth in regulations implementing this Division.

Unlawful Discardment. It is unlawful to discard upon any public or private property other than the premises of the retail business from which the shopping cart was removed, regardless of whether such cart was removed from the premises with permission of the shopping cart owner. Presumption Upon Locating Shopping Carts. For the purposes of this Division, any shopping cart located on any public or private property other than the premises of the retail business from which such shopping cart was removed shall be presumed lost, stolen, or discarded. Presumed Ownership Based on Geography. Discarded shopping carts will be assumed to be the property of the retail business geographically closest to the cart's collection point based on logos, branding, retailer's name, or other identifying features.

Authority to Promulgate Regulations. The County is authorized to develop regulations to carry out the requirements of this Division. Publishing Regulations. Regulations developed to carry out the requirements of this Division shall be published.

Any notice of violation issued pursuant to this Division may be appealed in writing to the Board of Appeals of the County within ten (10) days of the date of the violation notice or such period as may be specified in the violation notice.