Note: Prior ordinance history: Ord. 787-95.
The following definitions shall apply to this chapter:
means any unattended shopping cart left on any public or
private property outside the premises or parking area of the retail
establishment owning the shopping cart. Any such shopping cart shall
be deemed to be abandoned and therefore a public nuisance pursuant
to this chapter. For the purposes of this chapter, the parking area
of a retail establishment located in a multi-store complex or shopping
center shall include the entire parking area used by the complex or
center.
means the removal by the city or its appointed contractor
of an abandoned shopping cart.
means the city's city manager, city manager's designee, and/or
authorized representatives of the city manager.
means the city's director of community development, director's
designee, and/or authorized representatives of the director.
includes, but shall not be limited to, the presence of a
shopping cart in a location where it will impede emergency services
or impose a hazard to vehicle traffic or pedestrians.
means the owner or retail establishment whose name is required to appear on the shopping cart identification sign as provided in Section 9.13.030.
means that area between the edge of the roadway and the property
line adjacent thereto. "Parkway" shall also include any area within
a roadway which is not open to vehicular travel.
means and includes, but is not limited to, all areas dedicated
to the public use for public street purposes, roadways, parkways,
alleys, lanes, parks, sidewalks, flood control channels and any public
right-of-way.
means a nonmotorized 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.
(Ord. 907-02 § 1)
The city council makes the following findings and declarations:
the presence 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, impede emergency services,
promote blight and deterioration, constitute an attractive nuisance
creating a hazard to the health and safety of minors, aesthetically
detrimental to the community, and injurious to the health, safety
and general welfare. Therefore, the presence of wrecked, dismantled
or abandoned shopping carts, or parts thereof, on public or private
property is declared to constitute a public nuisance which may be
abated as such in accordance with the provisions of this chapter.
(Ord. 907-02 § 1)
A.
Any
retail establishment providing shopping carts to its customers shall,
within ninety days following the effective date of this chapter, permanently
affix to each shopping cart an identification sign of the type described
in Section 22435.1 of the California Business and Professions Code,
that identifies the owner of the shopping cart or the retailer, or
both; notifies the public of the procedure to be utilized for authorized
removal of the shopping cart from the premises; notifies the public
that the unauthorized removal of the shopping cart from the premises
or parking area of the retail establishment, or the unauthorized possession
of the shopping cart, is a violation of state and local law; and lists
a valid telephone number or address for returning the shopping cart
removed from the premises or parking area to the owner or retailer.
B.
Removal
of a shopping cart from the premises or the parking area of a retail
establishment, or the unauthorized possession of a shopping cart,
shall be punishable by imprisonment for up to ninety days or by fine
of up to one hundred dollars, or both.
(Ord. 907-02 § 1)
The impoundment procedures contained in this section shall apply only to shopping carts that have the identification sign required by Section 9.13.030.
A.
Impoundment
After Three Days. Any abandoned shopping cart may be impounded by
the city at the owner's cost if, prior to said impoundment, the city
provides to the owner or the owner's agent a minimum of three business
days actual notice of the shopping cart's discovery and location.
Notice may be given by any appropriate means, including by telephone.
After said impoundment, the city shall notify either the owner of
the shopping cart or the owner's agent, either by telephone or in
writing, that the city has impounded the shopping cart and the address
at which the shopping cart is then located. Any owner wishing to reclaim
a shopping cart impounded pursuant to this subsection may appear during
normal business hours at the applicable location and reclaim the shopping
cart upon paying the fifty dollar fine authorized by Business and
Professions Code Section 22435.7 sub. (f) (the "fine"), if applicable,
and the city's actual costs incurred for impoundment and storage of
the shopping cart. The fine shall only be required to be paid if the
owner or the owner s agent fails to retrieve one or more shopping
carts within the applicable three day period on three separate occurrences
within any six-month period.
B.
Immediate Impoundment. Any abandoned shopping cart may be immediately impounded by the city; provided, that the city shall, within twenty-four hours of the shopping cart's impoundment, notify the owner or the owner s agent that the shopping cart has been impounded and the location at which the shopping cart was impounded. Any owner wishing to reclaim a shopping cart impounded pursuant to this subsection may appear during normal business hours within three business days of the date of notice at the location and times indicated in the notice and reclaim the shopping cart free of charge, unless the shopping cart was impounded pursuant to subsection C. Any shopping cart reclaimed within the three-business-day period shall not be deemed an "occurrence" for the purposes of assessing the fine referred to in subsection A. Any shopping cart not reclaimed within the three-business-day period shall be subject to any applicable fee or fine imposed pursuant to subsection A commencing on the fourth business day following the date of the notice.
C.
Impoundment Due to Immediate Threat of Danger. Notwithstanding anything contained in subsections A or B, any abandoned shopping cart found in a location where it will impede emergency services or otherwise cause an immediate threat of danger to persons or property may be immediately impounded by the city. After said impoundment, the city shall, within twenty-four hours of the shopping cart's impoundment, notify the owner of the shopping cart or the owner's agent, either by telephone or in writing, that the city has impounded the shopping cart and the address at which the shopping cart is then located. Any owner wishing to reclaim a shopping cart impounded pursuant to this subsection may appear during normal business hours within three business days of the date of notice at the applicable location and reclaim the shopping cart upon paying the fine, if applicable, and the city's actual costs incurred for impoundment and storage of the shopping cart.
(Ord. 907-02 § 1)
The impoundment contained in this section shall apply only to shopping carts that do not have the identification sign required by Section 9.13.030.
Any abandoned shopping cart without an identification sign may
be immediately impounded by the city at the owner's cost. Within forty-eight
hours of said impoundment, the city shall attempt to notify the owner
(if the identity of the owner is known), either by telephone or in
writing, that the city has impounded the shopping cart and the location
at which the shopping cart was impounded. Any owner wishing to recover
a shopping cart impounded pursuant to this section may appear during
normal business hours within thirty days of the date of the notice
(or, if no notice is given because the identity of the owner is not
known, within thirty days after impoundment) at the applicable location,
and reclaim the shopping cart upon paying the city's actual costs
incurred for impoundment and storage of the shopping cart.
(Ord. 907-02 § 1)
Any owner of a shopping cart who has been charged a fee or fine
to reclaim a shopping cart shall be entitled to a hearing as to whether
the fee or fine has been properly charged by providing to the city
clerk a written request for a hearing within fifteen days of receipt
of notice that the shopping cart has been impounded. The hearing shall
be held not later than thirty days from the date of the hearing request,
and the owner shall be notified of the time, date, and location of
the hearing. The city manager or his or her designee shall appoint
a hearing officer. If the hearing officer determines that the city
properly impounded the shopping cart and the owner has been charged
the appropriate amount, the owner shall pay all costs associated with
the administrative hearing and, if he or she desires to reclaim the
shopping cart, pay any applicable fee and/or fine. If the hearing
officer determines that the owner has been improperly charged a fee
and/or fine, the owner shall be entitled to reclaim the shopping cart
at an adjusted fee and/or fine or at no charge, whichever is applicable.
(Ord. 907-02 § 1)
Any shopping cart impounded by the city pursuant to this chapter
shall be taken to a location as may be designated from time to time
and which is both: (i) reasonably convenient to the owner of the shopping
cart; and (ii) open for business at least six hours of each business
day.
(Ord. 907-02 § 1)
The city shall be permitted to destroy, sell at public auction,
or otherwise dispose of any shopping cart, or part thereof, impounded
by the city pursuant to this chapter and deemed to be permanently
abandoned, which includes but is not limited to the following circumstances:
A.
The shopping cart does not have the identification sign required by Section 9.13.030 or other information that identifies the owner, or the city is unable to locate the owner with reasonable diligence.
B.
If the
owner has not requested a hearing, the owner of the shopping cart
or the owner's agent has failed to reclaim the shopping cart from
the city within thirty days of receipt of notice that the shopping
cart was impounded by the city.
C.
If the
owner has requested a hearing, the owner or owner's agent has failed
to reclaim the shopping cart from the city within thirty days of the
hearing date.
D.
The director determines that the shopping cart is inoperable, unsafe, or that the cost to repair exceeds the value of the shopping cart. In such case, the shopping cart or parts thereof may be destroyed without providing the appeal hearing provided in Section 9.13.060, but the director shall give notice of this action to the owner, if the same can be determined. The owner shall not be liable for any cost for removal and abatement in such case.
(Ord. 907-02 § 1)
If the city determines to sell any shopping cart deemed to be permanently abandoned pursuant to Section 9.13.080, the city shall advertise the sale at a time convenient to the city. Notice of such sale, including the time and place, shall be posted in three conspicuous places within the city. Ten days after posting such notice, such shopping carts may be sold and delivered to the highest bidder free and clear of any claims of the owner thereof. The proceeds of such sale shall be distributed to the city.
(Ord. 907-02 § 1)
A.
No person
shall remove any shopping cart from the premises or parking area of
any retail establishment. This section shall not apply to the removal
by the owner or agent or an employee of the retail establishment,
nor to the removal by a customer with the written consent of the owner,
owner's manager, or authorized agent.
B.
No person
shall have in his possession any shopping cart which has been removed
from the premises or parking area of any retail establishment without
the owner's written consent or which has been abandoned or left on
public or private property, unless such person has notified the city
of the presence and location of such shopping cart.
(Ord. 907-02 § 1)
No person shall abandon or leave any shopping cart which has
been removed from the premises or parking area of any retail establishment
upon any public or private property except that of the owner of the
shopping cart.
(Ord. 907-02 § 1)
The action of an owner or owner's agent or employee to permit any shopping cart to be removed from the premises or parking area of any retail establishment shall be considered littering by the owner, unless such action is with the written consent provided in Section 9.13.100.
(Ord. 907-02 § 1)
The city may contract with a shopping cart retrieval service
for the retrieval and impoundment of shopping carts or any other related
service described in this chapter.
(Ord. 907-02 § 1)
Except as otherwise provided in this chapter, the provisions
of this chapter shall be administered and enforced by the city manager.
In the enforcement of this chapter, the city manager, or designee,
may enter onto public or private property to examine a shopping cart
or parts thereof, or to obtain information to identify the owner of
the shopping cart and to order, pursuant to the chapter, the abatement
and impoundment of the shopping cart, or parts thereof, declared to
be a nuisance. Notwithstanding the foregoing, the director shall perform
the day-to-day administration of this chapter.
(Ord. 907-02 § 1)
The city manager may exempt a shopping cart owner from some
or all of the provisions of this chapter if the shopping cart owner
has implemented a plan whereby employees provide shopping cart retrieval,
or where the shopping cart owner has entered into a contract with
a shopping cart retrieval service and has provided the city with proof
of such retrieval plan or contract; provided, that such plan or contract
shall provide that carts will be retrieved within seventy-two hours
after abandonment and shall contain appropriate enforcement mechanisms.
If an approved plan or contract fails to retrieve carts within seventy-two
hours, the city manager may revoke such approval. Such revocation
shall subject the shopping cart owner to the provisions of this chapter.
(Ord. 907-02 § 1)
This chapter is not to be construed as the exclusive regulation
of wrecked, dismantled or abandoned shopping carts within the city.
It shall supplement and be in addition to other regulatory codes,
statutes and ordinances heretofore or hereafter enacted by the city,
state or legal entity or agency having jurisdiction.
(Ord. 907-02 § 1)
