Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020     01/27/2020  

Abandoned and stolen shopping carts; local regulation.

Provides that Fairfax County and Arlington County may, by ordinance, provide that it is unlawful for any person to place, leave, or abandon on any real property in the county, or within specified districts within the county, any shopping cart. The bill requires such ordinance to provide that any such shopping cart that remains on the real property after a notice of violation is given to the owner of such shopping cart shall be presumed to be abandoned and subject to removal from the real property by the county or its agents without further notice. In the event that any such shopping cart is so removed, the cost of removal, including the cost of disposal, shall be charged to the owner of the shopping cart. The bill also authorizes such ordinance to prohibit possession of a shopping cart outside of the designated premises when the owner has posted notice of such prohibition. Such ordinance may provide for a civil penalty of not more than $500.

Date Version PDF TXT
01/22/2020 Senate: Printed as engrossed 20104457D-E Open
01/07/2020 Senate: Prefiled and ordered printed; offered 01/08/20 20104457D Open

            

2020 SESSION

    20104457D
    SENATE BILL NO. 631
    Senate Amendments in [ ] � January 22, 2020
    A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 9 of Title 15.2 a section numbered 15.2-984, relating to abandoned and stolen shopping carts; local regulation.
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    Patrons Prior to Engrossment--Senator -- Surovell; Delegates: Kory and Watts
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    Referred to Committee on Local Government
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    Be it enacted by the General Assembly of Virginia:

    1. That the Code of Virginia is amended by adding in Article 5 of Chapter 9 of Title 15.2 a section numbered 15.2-984 as follows:

    15.2-984. Disposition of abandoned shopping carts; unauthorized possession; penalties.

    A. The governing [ bodies of the Counties of Arlington and Fairfax ] [body of any locality in Planning District 8 ] may, by ordinance, provide that it shall be unlawful for any person to place, leave, or abandon on any real property in the [ county ] [ locality ] , or within specified districts within the [ county ] [ locality ] , any shopping cart as defined in � 18.2-102.1. The ordinance shall provide that any such shopping cart that remains on real property outside of the premises defined in � 18.2-102.1 after a notice of violation is given to the owner of such shopping cart shall be presumed to be abandoned and subject to removal from the real property by the [ county ] [ locality ] or its agents without further notice.

    B. A notice of violation sent by registered or certified mail to the last known address of the shopping carts owner or its registered agent reflected in state or [ county ] [ locality ] public records shall satisfy the notice requirement of this section. In the event that any such shopping cart is so removed, the cost of removal, including the cost of disposal, shall be charged to the owner of the shopping cart. Any such charge that is not paid within 30 days of the date on which it is billed to the owner shall constitute a lien upon the shopping cart and may be collected in any manner provided by law for the collection of taxes.

    C. In addition to any other remedy provided herein, the [ county ] [ locality ] or its designee may institute legal action to enjoin the continuing violating of this section.

    D. An ordinance adopted pursuant to subsection A may provide that it shall be unlawful for any person, except the owner or his agent, to possess outside of the premises any shopping cart, when the owner has posted notice on the property that removal is unlawful. The locality may provide that a person who violates the ordinance is subject to a civil penalty of not more than $500.

    Picture Name From Date Type
    Scott A. Surovell D-Richmond Sponsor
    Date Branch Action
    01/27/2020 Senate Senate: Read third time and passed Senate (20-Y 19-N)
    01/23/2020 Senate Senate: Read third time and defeated by Senate (20-Y 20-N)
    01/23/2020 Senate Senate: Reconsideration of defeated action agreed to by Senate (40-Y 0-N)
    01/22/2020 Senate Senate: Printed as engrossed 20104457D-E
    01/21/2020 Senate Senate: Constitutional reading dispensed (40-Y 0-N)
    01/20/2020 Senate Senate: Reported from Local Government with amendments (8-Y 7-N)
    01/07/2020 Senate Senate: Prefiled and ordered printed; offered 01/08/20 20104457D
    01/07/2020 Senate Senate: Referred to Committee on Local Government
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