[§633-16] Unauthorized removal of shopping carts, etc.; notice; exceptions. (a) A person shall not remove, without proper authorization, a shopping cart, shopping basket, or similar device from the premises of any business establishment, including any parking area maintained for the customer of the business establishment, or any sidewalk or passageway adjacent to the business establishment, for any purpose whatsoever.
(b) This section shall not apply unless:
(c) The following shall not be subject to this section:
(d) Any business establishment which is damaged in its business or property by reason of a violation of subsection (a):
(e) In the case of repossession proceedings, the business establishment entitled to the possession of the shopping cart, shopping basket, or other similar device, shall bring and prosecute its action in the small claims division of the district court in the circuit where the business establishment is situated.
(f) The court in the small claims division shall grant judgment in favor of the business establishment if:
(g) A person who has been found by court to have removed, without proper authorization, a shopping cart, shopping basket, or similar device may be liable for payment of an award under this section or a criminal fine under section 706-640, but not both. [L 1983, c 279, §1]