Tucker, GA — Kroger filed a petition in July against the city of Tucker, claiming code violations are unjustified.
On June 22, Tucker Municipal Court ruled Kroger must pay $1,000 in fines for littering. According to Tucker code enforcement, four Kroger shopping carts were found “some distance” from the store at 4357 Lawrenceville Highway in Tucker.
But Kroger claims there is no evidence the company caused or permitted the unlawful removal of the shopping carts. Kroger is petitioning DeKalb Superior Court to overturn and correct the rulings.
“These convictions were based solely on the fact that four shopping carts belonging to Kroger were found on city of Tucker property some distance from Kroger #482, which is located at 4357 Lawrenceville Highway, Tucker, Georgia 30084,” the petition says.
The city of Tucker charged Kroger with violating the city’s ordinance, section 36.130: Prohibition of Littering Public or Private Property or Waters, which makes it “unlawful for any operator of a conveyance or any person to dump, deposit, throw or leave or to cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property or in any waters within the city …”
Tucker issued four different citations worth $250 each, records show.
In a petition filed in DeKalb Superior Court, Kroger argues, “The city … presented no evidence that petitioner either caused or permitted the unlawful removal of the shopping carts from its property so as to authorize or justify a conviction of littering under this ordinance.”
The city of Tucker says it has not seen the appeal of code enforcement’s decision.
“We have not received notice of an appeal,” said Sonja Szubski, Tucker communications manager.
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