The city council makes the following findings and declarations: 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 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. 1018 §1, 1999)
The terms "shopping cart," "laundry cart" and "parking area" as used in this chapter, shall have the same meaning ascribed to such terms in Business and Professions Code Section 22435.
"Carts"
means both shopping carts and laundry carts.
"Director"
means the director of general services of the city, or designee.
"Laundry cart"
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.
"Parking area"
means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle.
"Shopping cart"
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.
(Ord. 1018 §1, 1999)
No person shall use any shopping cart, laundry cart or other similar device for any purpose other than that intended by the owner of such cart or device.
(Ord. 1018 §1, 1999)
No person shall have in his or her possession any shopping cart, laundry cart or other similar device which has been removed from the premises of any business establishment operated by the owner of such cart or similar device and which has permanently affixed to it a sign identifying it as belonging to the operator of a business establishment and a notification to the effect that such cart or device is not to be removed from the premises of such establishment.
(Ord. 1018 §1, 1999)
No person shall remove any shopping cart, laundry cart or other similar device from the premises or parking area of any business establishment if such shopping cart, laundry cart or other similar device has permanently affixed to it a sign identifying it as belonging to the owner or operator of such business establishment and a notification to the effect that such cart or device is not to be removed from the premises.
(Ord. 1018 §1, 1999)
No person shall abandon or leave any shopping cart, laundry cart or other similar device which has been removed from the owner's premises upon any public street, alley, sidewalk, parkway or other public place, nor upon any private property except that of the owner of such cart or device.
(Ord. 1018 §1, 1999)
The operator of a commercial establishment which has available to the customers thereof shopping or laundry carts shall permanently affix to said carts a sign that states the following:
A. 
The name and address of the owner of the cart or the retailer which uses the cart in its business operations, or both;
B. 
Notifies the public of the procedure to be utilized for the authorized removal of the cart from the premises;
C. 
Notices the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law; and
D. 
Lists the telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer.
(Ord. 1018 §1, 1999)
No person shall alter, convert or tamper with any shopping cart, laundry cart, or other similar device or remove any part thereof.
(Ord. 1018 §1, 1999)
A. 
If a shopping cart has a sign affixed to it in accordance with Business and Professions Code Section 22435.1, the city may retrieve and impound the shopping cart in accordance with the provisions of Business and Professions Code Section 22435.7.
B. 
The city shall collect a fee in an amount established by resolution of the city council to cover the city's retrieval and storage costs.
C. 
In addition to the fee established by subsection B of this section, the city may collect an administrative fine of fifty dollars from the owner of the cart for each occurrence in excess of three during a specified six-month period for failure to retrieve carts sold for salvage or otherwise disposed of in accordance with this section. An occurrence includes all carts impounded in a one-day period. The fine shall be established by resolution of the city council and imposed in accordance with subsection B of this section.
D. 
Exceptions.
1. 
Nothing in this section shall prevent the city from immediately retrieving any shopping cart from public or private property where the location of the shopping cart will impede emergency services.
2. 
Nothing in this section shall prevent the city from impounding any shopping cart without complying with the provisions of this section when the shopping cart is taken as evidence of a crime having been committed.
3. 
Nothing in this section shall prevent the city from immediately retrieving and disposing of any unattended shopping cart that does not have a sign affixed to it in accordance with Business and Professions Code Section 22435.1.
(Ord. 1018 §1, 1999)
The director may determine that a cart is damaged or in such poor condition that it may be immediately disposed of. This action will be a discretionary decision of the director and shall be based upon the director's determination that the shopping cart is inoperable, unsafe or that the cost of repair exceeds the value of the shopping cart. In such case, the shopping cart or parts thereof may be destroyed or sold for salvage. 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. 1018 §1, 1999)