The purpose of this chapter is to set forth reasonable regulations for the effective removal of lost, stolen or abandoned shopping carts, identified or unidentified, from public or private property, to complement and supplement provisions of state law.
(Ord. 2404 § 1, 2006)
"City"
means the city of Westminster, California or its designated representative.
"Contractor"
means an authorized independent contractor approved by the city council for the purpose of effecting the removal of abandoned shopping carts.
"Identified cart"
means a shopping cart that has a permanently affixed sign that identifies, in accordance with Business and Professions Code, Section 22435.1, the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the owners premises; notifies the public that the unauthorized removal of the cart from the cart owners premises or cart owners parking area or the unauthorized possession of the cart, is a violation of state law; lists a valid telephone number or address for returning the cart to the owner of retailer.
"Lost, stolen or abandoned shopping cart"
means a shopping cart which is either (1) removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart, or (2) left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with the permission of the owner. For purposes of this chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen or abandoned, even if in the possession of any person, unless such person in possession thereof either (1) is the owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart, (2) is an officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts, (3) is an enforcement officer retrieving, storing or disposing of said cart pursuant to the provisions of this chapter, or (4) has written permission or consent to be in possession of the shopping cart from the owner entitled to possession of the shopping cart.
"Owner"
means any owner, manager, or operator of any retail establishment.
"Person"
means a natural person, firm, association, organization, partnership, business, trust, corporation, limited liability company, or other entity.
"Public property"
means all real property in the city in which a public agency has a fee simple, easement, or leasehold interest. This includes, but is not limited to, streets, sidewalks, the civic center, parks, and flood control facilities.
"Retail establishment"
means any business located in the city of Westminster which offers or provides 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 general public, or is a private club or business, or is a membership store.
"Shopping cart or cart"
means a basket which is mounted on wheels or a similar device generally used in retail establishments by a customer for the purpose of transporting goods of any kind. The term shopping cart or cart includes a laundry cart.
"Unidentified cart"
means a shopping cart that is not an identified cart, or an identified cart or a retail establishment located outside the city.
(Ord. 2404 § 1, 2006)
Lost, stolen or abandoned shopping carts located outside the premises or parking areas of retail establishments and on public or private properties is declared to constitute a public nuisance that could impede emergency services, reduce property values, promote blight and deterioration, comprise an attractive nuisance, create potential hazards to the health, safety and general welfare of the community, and interfere with pedestrian and vehicular traffic within the city.
(Ord. 2404 § 1, 2006)
The provisions of this chapter may be enforced by the city manager or his or her designee, including, but not limited to, the city's authorized contractor.
(Ord. 2404 § 1, 2006)
It is prohibited for any person other than the cart owner or his or her authorized representative to remove a cart from the premises of a retail establishment that owns or rightfully possesses the cart, unless the cart owner provides written permission or consent for the removal of the cart in writing.
(Ord. 2404 § 1, 2006)
Once an unidentified cart is discovered on public or private property, the city or its authorized contractor may remove and impound the cart. If the removal is from private property, the city or its authorized contractor must first obtain the property owners consent. The unidentified cart shall be marked with a tag indicating the date and location of its discovery and shall be stored for thirty calendar days at a location selected by the city. Any claims for an unidentified cart shall be presented to the code enforcement manager or his or her designee, and shall be accompanied by proof of ownership of the cart. A person demonstrating proof of ownership of an unidentified cart stored by the city shall pay the city's nuisance abatement administrative fee prior to the cart being released by the city. This section shall not apply to an unidentified cart attended by a person who can demonstrate to the city or its authorized contractor satisfactory proof of ownership of the shopping cart or written permission of the owner to have the cart in their possession.
(Ord. 2404 § 1, 2006)
A. 
The city, or its authorized contractor, may remove and impound any abandoned identified shopping cart from any public or private property (if from private property consent must first be obtained), provided the following has occurred:
1. 
The identified cart is located outside the premises or parking area of the retail establishment that owns the cart;
2. 
The owner of the identified cart or his or her representative has received actual notice within twenty-four hours following the impound of the cart as to the location where the cart may be claimed;
B. 
Notwithstanding subsection A of this section, the city or its authorized contractor may remove and impound any identified cart from any public or private property in instances where the location of the cart may impede emergency services.
(Ord. 2404 § 1, 2006)
Any identified or unidentified cart not reclaimed from the city within thirty days of receipt of a notice of impoundment by the owner of the cart, may be sold or otherwise disposed of by the city.
In the event a cart remains unclaimed, is disposed of or destroyed, the city reserves the right to collect any applicable redemption fees and/or fines from the cart owner.
(Ord. 2404 § 1, 2006)
A. 
Unidentified Carts. An administrative fee to cover the city's cost for the tagging, removal, and storage of unidentified shopping carts and associated administrative activities performed by the city shall be established by resolution of the city council. Such fee shall not exceed the city's reasonable estimate of actual cost for such services. In the event an unidentified cart is claimed by its owner, a fine may be imposed as set forth in subsection B of this section, in addition to the city's administrative fee.
B. 
Identified Carts. In addition to the payment of an administrative fee as set forth in subsection A of this section, the owner of an identified cart may also be subject to a fine in the maximum amount established by Business and Professions Code, Section 22435.7(f), as may be amended from time to time, for each occurrence in excess of three during any six-month period for failure to retrieve identified carts in accordance with this chapter. An occurrence includes all identified carts impounded by the city or its authorized contractor in a one-day period.
(Ord. 2404 § 1, 2006)
A. 
A cart owner or his authorized representative, may, upon prior appointment, inspect impounded carts to determine if any of the owner's carts are present and may redeem such carts upon proof of ownership and payment of all applicable administrative fees and/or fines.
B. 
An impounded cart may be redeemed by the owner at any time during normal business hours prior to disposal or destruction. The owner shall be entitled to receive the cart upon payment of all applicable administrative fees and/or fines.
C. 
Any impounded cart redeemed by the owner or his authorized representative within three business days following the date of actual notice of impoundment shall be released and surrendered to the owner or his authorized agent at no charge, including the waiver of any administrative fees and/or fines that would otherwise be applicable pursuant to Section 8.74.090 of this chapter.
D. 
Any impounded cart redeemed by the owner or his authorized representative within three business days following the date of actual notice of impoundment shall not be deemed an occurrence for purposes of Section 8.74.090 (B) of this chapter.
E. 
Any impounded cart that is not redeemed by the owner or his or her authorized representative within three business days following the date of actual notice of impoundment shall be subject to any applicable administrative fees and/or fines imposed pursuant to Section 8.74.090 of this chapter, commencing on the fourth business day following the date of the notice of impoundment.
F. 
No cart shall be released to a person seeking to redeem an impounded cart, unless such person submits, to the sole satisfaction of the city, proof of ownership or right to possession of the impounded cart.
G. 
Any release of a cart to a person deemed by the city to be entitled thereto, shall be an absolute defense of the city against any other person claiming to be entitled thereto.
(Ord. 2404 § 1, 2006)
A person who can demonstrate that they are the owner of an impounded cart may appeal the imposition of the nuisance abatement administrative fee and/or fine by presenting evidence that the cart removal and storage was not performed substantially in accordance with the provisions of this chapter. Appeals shall be made in writing to the city manager or his or her designee within ten calendar days of paying the fee and/or fine. An office hearing will be held within thirty calendar days of the receipt of a request for an appeal. The cart owner or authorized representative shall appear and be heard on the matter. If the city manager or his or her designee determines that the shopping cart was not removed and stored in substantial accordance with the provisions of this chapter, the nuisance abatement administrative fee and/or fine shall be refunded. The decision of the city manager or his or her designee shall be final.
(Ord. 2404 § 1, 2006)
Any violation of the provisions of this chapter shall be deemed to be an infraction, and punishable as such, notwithstanding the fact that at the discretion of the city attorney, the violation of any section of this chapter may be filed as a misdemeanor. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction. Each day a violation of any provision of this chapter shall continue shall be a new and separate violation.
A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. Any person who violates any of the provisions of this chapter shall be responsible for the city's attorney fees and legal costs associated with the abatement.
(Ord. 2404 § 1, 2006)