The City Council hereby finds that abandoned shopping carts
are unsightly, interfere with pedestrian and vehicular traffic, accumulate
over time on public and private property causing blight and similar
conditions resulting in reduction of property values, constitute a
public nuisance, and are detrimental to the public health, safety
and welfare. The purpose of this chapter is to promote the public
health, safety, and welfare by facilitating the removal of wrecked,
dismantled, and abandoned shopping carts and parts thereof from public
and private property, thereby alleviating the safety hazards, unsafe
conditions, and the impairment of property values resulting from the
abandonment of such carts. This chapter implements the provisions
of Chapter 19 of the California Business and Professions Code (Shopping
and Laundry Carts; commencing with Section 22435).
(Prior code § 5-910)
For purposes of this chapter, the following words and terms
shall have the meanings respectively ascribed thereto:
means any shopping cart which has been removed from the premises
of the owner of the shopping cart without the owner's written consent,
irrespective of whether the shopping cart is located on private or
public property; provided that shopping carts which are removed from
such premises for purposes of repair or maintenance and which are
in the possession or custody of the party to whom they have been released,
shall not be deemed abandoned; provided, further, that a shopping
cart located on private property owned or occupied by the person who
has been granted written permission by the owner of the shopping cart
to have possession thereof for a period not to exceed 72 consecutive
hours, and which shopping cart is not visible at street or ground
level from the public property adjacent to such private property,
shall not be deemed abandoned.
means the Chief of Police, or designees, including, without
limitation, all City employees and any independent contractor authorized
or engaged by the City to retrieve shopping carts.
means a basket which is mounted on wheels and used in a coin-operated
laundry or dry-cleaning retail establishment by a customer or an attendant
for the purpose of transporting fabrics and the supplies necessary
to process them.
means the person, firm, partnership, corporation, association,
or other entity who or which owns, or otherwise exercises possession
and control over, shopping carts for the use of the owner's customers
in connection with the management and operation of the owner's business
enterprise, including any officer, employee, or agent of said person,
firm, partnership, corporation, association, or entity.
means the entire area owned and utilized by the business
establishment that provides shopping carts for use by customers, including
any parking lot or other off-street area provided by or for an owner
for use by a customer for parking an automobile or other vehicle.
means a basket which is mounted on wheels or a similar device
generally used in a retail establishment by a customer for the purpose
of transporting goods of any kind, including a laundry cart.
(Prior code § 5-911; Prior
code § 012-07 C.S. § 2)
A.
This
chapter shall be administered and enforced by the Director. The Director
is hereby authorized and directed to promulgate and implement rules,
regulations and procedures necessary or appropriate for enforcement
of this chapter.
B.
The
Director is hereby authorized to enter into, on or upon any, public
property to examine a shopping cart or parts thereof, or to obtain
information as to the identity of the owner of any shopping cart,
or to retrieve shopping carts in accordance with the provisions of
this chapter. As used herein, "public property" includes the outdoor
common area of any building, business premises, apartment building
or complex, or other premises or portion thereof which is adjacent
to public property, open to the public, and which contains a shopping
cart or shopping carts visible at street or ground level from the
adjacent public property. Nothing contained in this section shall
be deemed a limitation upon the Director to enter private property
pursuant to permission from the owner or occupant thereof or pursuant
to a duly issued inspection warrant or other court order.
(Prior code § 5-912)
Every owner shall affix to each shopping cart owned or provided
by the owner a sign that includes the following information:
A.
Identification
of the owner of the shopping cart or the business establishment to
which it pertains, or both.
B.
Notification
that the unauthorized removal of the shopping cart from the premises
of the business establishment, or the unauthorized possession of the
shopping cart, is a violation of law.
C.
Notification
of the procedure for authorized removal of the shopping cart from
the premises.
D.
A telephone
number or address for returning the shopping cart to its owner or
to the business establishment identified thereon. Although not required,
the City urges owners to place current telephone numbers on each sign
for effective implementation of this chapter.
(Prior code § 5-913)
Any owner who maintains or permits the use of shopping carts in violation of the provisions of Section 8.40.040 shall be guilty of an infraction.
(Prior code § 5-914)
Any person in possession of a shopping cart outside the premises
of a business establishment without the express prior written approval
of its owner, unless the person is in the process of immediately returning
the shopping cart to the owner, shall be guilty of a misdemeanor.
Written permission to remove a shopping cart shall be valid for a
period not to exceed 72 consecutive hours.
(Prior code § 5-915)
Any person who, having a shopping cart in his or her possession
or custody, leaves or permits to be left any shopping cart upon any
sidewalk, street, or other public place, or upon any private property,
such that it becomes an abandoned shopping cart, shall be guilty of
a misdemeanor.
(Prior code § 5-916)
A.
Every
owner shall prepare, implement, and submit by March 1, 2002, a specific
written plan to prevent their respective customers from removing shopping
carts from each owner's premises and to retrieve shopping carts that
have been removed therefrom. Said plan may include the following elements
and shall be subject to the hereinafter specified approval:
1.
Notice
to Customers. Written notice may be provided to customers that removal
of shopping carts from the premises is prohibited and a violation
of law. The notice may be provided in the form of flyers, warnings
on shopping bags, or any other form of written notification that will
provide effective notice to customers of the prohibition.
2.
Signs.
Signs may be placed in appropriate places near customer exits and
near parking area exits to inform customers that shopping cart removal
is prohibited and constitutes a violation of law.
3.
Preventive
Measures. Specific physical measures may be implemented to prevent
the removal of shopping carts from the owner's premises. These measures
may include, but are not limited to, devices on shopping carts that
automatically disable them if they are removed from the premises,
employment of personnel to advise and deter customers from removing
shopping carts, installation of obstacles to prevent the removal of
shopping carts, collection of security deposits for use of shopping
carts, provision for rental or sale of shopping carts to customers
and similar or like measures.
4.
Retrieval
Measures. Specific measures may be implemented to retrieve shopping
carts that are removed from the owner's premises. Such measures may
include, but are not limited to, employment of personnel or contractors
to retrieve shopping carts.
B.
Every
plan submitted shall be subject to the Director's reasonable approval.
In the event there becomes a problem with the owner's plan, the Director
shall notify the owner to submit a revised plan to the Director within
30 days. The Director may also require an evaluation report detailing
the measures used during the prior year to prevent removal of shopping
carts from the owner's premises and measures used to retrieve the
shopping carts. The report may also include an inventory of shopping
carts owned or used by the owner, the number of shopping carts which
were retrieved after removal from the owner's premises during the
previous 12 months, and the number of shopping carts which were replaced
due to loss, theft or abandonment during the previous 12 months.
C.
Whenever
an owner makes revisions to a plan, the revised plan shall be submitted
to the Director for approval.
(Prior code § 5-917)
A.
Any owner who fails to submit to the Director for approval the plan required under Section 8.40.080 within 60 days of the effective date of the ordinance enacting this chapter, or within 60 days of the commencement of the owner's business, whichever is later, or who fails to implement the measures established in an approved plan, shall be guilty of an infraction.
B.
In addition to the penalties hereinabove provided, and as an administrative remedy upon a finding of violation, the Director is hereby authorized to require installation of disabling devices on all shopping carts which prevent their removal from an owner's premises with respect to any owner who violates the provisions of subsection A of this section.
(Prior code § 5-918)
The Director may retrieve and impound any abandoned shopping
cart, or any shopping cart observed in a location outside the owner's
premises after the expiration of three days from having given actual
notice to the owner of the shopping cart that said cart has been so
observed and the owner has not retrieved the shopping cart within
three days from the date of such notice.
(Prior code § 5-919)
A.
Notwithstanding the provisions of Section 8.40.100, and as an alternative thereto, the Director may retrieve and impound any abandoned shopping cart without providing the three day notice specified in Section 8.40.100, provided the Director shall give actual notice to the owner of the impounded shopping cart within 24 hours following the impound, which notice shall inform the owner of the location where the shopping cart may be claimed. Any shopping cart reclaimed by the owner within three business days following the date of such notice shall be released and surrendered to the owner at no charge, including waiver of any impound and storage fees or fines which otherwise would be applicable. The abandonment of any such shopping cart so retrieved within the three day period shall not be deemed an occurrence for purposes of prosecution or imposition of administrative costs and fines under this chapter.
B.
The
owner of any shopping cart not reclaimed within three business days
following the date of actual notice as provided hereinabove shall
be subject to prosecution or the imposition of any administrative
costs, fees, fines, interest and other penalties applicable under
this part commencing on the fourth business day following the date
of notice.
(Prior code § 5-920)
A.
Pursuant to the provisions of subdivision (f) of Business and Professions Code, Section 22435.7, any owner who fails to retrieve the owner's shopping carts within three days from the date that notice pursuant to Section 8.40.100 has been given, shall be guilty of a violation of said subdivision (f) and of this section and shall be punishable by an administrative fine of $50.00 for each occurrence in excess of three during the six month periods ending on June 30th and December 31st of each calendar year.
B.
Pursuant to subdivision (i) of Business and Professions Code, Section 22435.7, any owner who fails to reclaim the owner's shopping carts which have been impounded by the City pursuant to Section 8.40.110, within three business days from the date of actual notice of impoundment provided pursuant to Section 8.40.110, shall be guilty of a violation of said subdivision (i) of Business and Professions Code Section 22435.7 and of this section, and shall be punishable by an administrative fine of $50.00 for each occurrence in excess of three during the six month periods ending on June 30th and December 31st of each calendar year.
C.
For
purposes of this section, an occurrence includes the retrieval of
all shopping carts of an owner in a one day period.
D.
In addition to the fines imposed pursuant to subsection A or B of this section, the owner shall be required to pay the City's actual costs for retrieving and storing the owner's shopping carts except when reclaimed by the owner within three business days pursuant to Section 8.40.110(A).
(Prior code § 5-921)
Pursuant to subdivision (g) of Business and Professions Code,
Section 22435.7, the Director may sell or otherwise dispose of any
shopping cart which has been impounded by the Director and which has
not been reclaimed by its owner within 30 days of receipt of a notice
of a violation of this chapter.
(Prior code § 5-922)
Pursuant to subdivision (c) of Business and Professions Code,
Section 22435.7, the Director or any City officer, employee, or agent
may immediately retrieve any shopping cart from public or private
property if its location impedes emergency services.
(Prior code § 5-923)
The provisions of this chapter are cumulative and in addition to any and all other procedures or remedies provided in ordinances of the City or by State law for the abatement of, or prosecutions for, nuisances, and proceedings for abatement pursuant to this chapter shall not prejudice nor affect any other action, whether civil, criminal, equitable or administrative, for the abatement or other remedy of such conditions. Without limitation upon the foregoing, violations of the provisions of this chapter shall be, and are, enforceable under the provisions of Chapter 1.20, Administrative Enforcement and Remedies, of this code. Nothing contained herein shall be deemed to invalidate, supersede, or render ineffective any other provision of this code or any ordinance of this City. Neither the inclusion, nor the failure to include, under the terms of this chapter, any act or condition otherwise in violation of any provision of this code or other ordinance of this City, unlawful or constituting a nuisance, shall be deemed to render such act or condition lawful.
(Prior code § 5-924)
