The accumulation and storage of wrecked, dismantled, or abandoned
shopping carts, or parts thereof, on public or private property is
found to create a condition tending to reduce property values, to
promote blight and deterioration, to constitute an attractive nuisance
creating a hazard to the health and safety of minors, to be aesthetically
detrimental to the community, and to be injurious to the health, safety,
and general welfare. Therefore, the City Council finds the presence
of wrecked, dismantled, or abandoned shopping carts, or parts thereof,
on public or private property constitutes a public nuisance that may
be abated as such in accordance with the provisions of this chapter.
(2356 § 1, 1996; 2802 § 1, 2011)
The following definitions shall apply to this chapter:
means that area between the sidewalks and the curb of any
street, and where there is no sidewalk, that area between the edge
of the roadway and the property line adjacent thereto.
means and includes, but is not limited to, all areas dedicated
to public use for public street purposes, roadways, parkways, alleys,
sidewalks, flood control channels, any public right-of-way, and City
parks.
means a basket that is mounted on wheels or a similar device
generally used in retail establishments for the purpose of transporting
goods of any kind.
(2356 § 1, 1996; 2802 § 1, 2011)
The proliferation of shopping carts abandoned on public and
private property is causing blighted conditions in some areas of the
City and results in the obstruction of free access to public and private
sidewalks, streets, parking lots, and other ways and therefor are
declared by the City Council to be a public nuisance.
(2356 § 1, 1996; 2802 § 1, 2011)
A.
Upon
the discovery of an unattended shopping cart, or part thereof, which
constitutes a public safety hazard on public property within the City,
the City may immediately abate and remove same.
B.
Businesses that have an approved business plan pursuant to Section 8.30.120 shall have up to 48 hours to retrieve shopping cart(s), or part(s) thereof. The City may immediately abate and remove carts that cannot be identified as the property of businesses that have an approved business plan pursuant to Section 8.30.120.
(2356 § 1, 1996; 2802 § 1, 2011)
A.
Upon
the discovery of an unattended shopping cart, or part thereof, on
private property within the City, the City or its agent shall attempt
to contact the owner of the private property or such owner's agent
and inquire as to whether the shopping cart belongs to the private
property owner. If the shopping cart does not belong to the private
property owner or the private property owner cannot be contacted,
then the City shall attempt to notify the owner of the shopping cart
that the shopping cart shall be removed by the City if not removed
by the owner within 48 hours of such notice. In addition, a notice
shall be affixed to the shopping cart stating the time the shopping
cart was discovered and a time no less than 48 hours from such discovery
at which the shopping cart must be removed or be subject to removal
by the City. The notice shall provide that the owner of the shopping
cart shall be liable for the City's costs in removing the shopping
cart.
B.
After
such notice and failure to remove, the City may enter onto the private
property to remove the shopping cart provided that the shopping cart
is located in an area that is generally open to the public or the
City otherwise has the legal authority to enter onto the private property.
(2356 § 1, 1996; 2802 § 1, 2011)
Upon the abatement, removal, and storage of any shopping cart
under this chapter, the City shall attempt to notify the owner of
the shopping cart by sending a notice of abatement by first-class
mail to the last known address of the owner as registered with the
City.
(2356 § 1, 1996; 2802 § 1, 2011)
Any shopping cart removed and stored pursuant to this chapter
shall be released to the rightful owner or agent if claimed within
30 days of such removal and upon payment of the City's costs.
(2356 § 1, 1996; 2802 § 1, 2011)
A.
In order
to receive an informal hearing with regard to the removal of the shopping
cart or carts, the owner or its agent shall submit a request for such
hearing either in person or in writing within 10 calendar days of
the date appearing on the notice of abatement. The shopping cart owner
or its agent must post the full amount of the City's cost for the
shopping cart or carts at the time the hearing appointment is requested.
Upon receipt of this deposit, the shopping cart or carts shall be
released to the owner or its agent. If unable to pay this deposit,
the owner or its agent may fill out a financial statement, available
upon request, to request a waiver. Retrieval of the shopping cart
shall be at the responsibility of the owner.
B.
If a
hearing is requested, it shall be held within 30 calendar days of
receipt of such request and deposit therefor. The hearing shall be
conducted by the City Manager, or his or her designee. If the hearing
officer finds that reasonable grounds for the abatement and removal
of a shopping cart are established, the hearing deposit shall not
be refunded. This hearing shall be the final administrative remedy.
(2356 § 1, 1996; 2802 § 1, 2011)
Any shopping cart not retrieved by the owner of such shopping
cart within 30 days after the mailing of notice of abatement, when
such owner has not requested a hearing in accordance with this chapter,
shall be sold at public auction or otherwise disposed.
(2356 § 1, 1996; 2802 § 1, 2011)
A.
Any
business in the City that utilizes in excess of 10 shopping carts
in conducting business at any location within the City shall have
a plan for the retrieval of shopping carts. The plan shall provide
the following information:
1.
A
designated party who has the responsibility for retrieving shopping
carts that have been abandoned on public or private property; and
2.
A
provision that states that any shopping carts left unattended on public
or private property for a period of 48 hours shall be retrieved by
the designated party of the business.
B.
Written
proof of such plan shall be provided to the City within 72 hours of
the City's request.
(2356 § 1, 1996; 2802 § 1, 2011)
It is unlawful for any person to remove, possess, or abandon
a shopping cart from or in a location other than the business premises
that owns the shopping cart or the parking lot of such business, without
the permission of the owner. This section shall not apply to the owner
of the shopping cart, the owner's agent, or to an owner of private
property who is attempting to contact the City or owner of the shopping
cart for removal, or is disposing of an abandoned shopping cart located
on his or her property.
(2356 § 1, 1996; 2802 § 1, 2011)
The fees to be charged for the removal and storage of shopping
carts by the City shall be established by City Council resolution.
(2356 § 1, 1996; 2802 § 1, 2011)
