Verordnungen zum Thema Einkaufswagen

Indio, CA

Indio, CA
CARTS
Section 130.035: Purpose
a) This subchapter is not intended as the exclusive regulation of shopping carts within the City of Indio. Rather, the purpose of this chapter is to supplement provisions of the Indio City Code pertaining to the abatement of public nuisances and any applicable state law, including Article 1, Chapter 19, of Division 8 of the Cal. Business and Professions Code (commencing with § 22435), by providing special procedures for the abatement as public nuisances of certain shopping and laundry carts.
(Ord. 1153, passed 4-20-94; Am. Ord. 1173, passed 3-16-95)
Section 130.036: Definitions
a) All definitions contained in Chapter 95 pertaining to public nuisances and their abatement are incorporated herein by reference and shall govern this subchapter. In addition, for the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
1) Derelict Cart. Any shopping or laundry cart remaining unattended and/or deserted on public or private property under such circumstances as would lead a reasonable person to conclude that the cart was no longer under the control or supervision of its owner or lawful possessor.
2) Laundry Cart. A basket which is mounted on wheels and used in a coin-operated laundry or dry cleaning establishment by a customer or an attendant of the establishment for the purpose of transporting fabrics and the supplies necessary to process them.
3) Nuisance Cart. Any shopping or laundry cart that constitutes a public nuisance under this subchapter.
4) Parking Area. A parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle.
5) Shopping Cart. A basket which is mounted on wheels or a similar device generally used in a retail establishment for the purpose of transporting goods of any kind.
(Ord. 1153, passed 4-20-94; Am. Ord. 1173, passed 3-16-95)
Section 130.037: Findings; Declaration of Nuisance) The City Council finds and declares as follows:
1)The presence of wrecked, dismantled, or derelict shopping and laundry carts, or parts thereof, on private or public property is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to health, safety and general welfare. The presence of wrecked, dismantled, or derelict shopping or laundry carts, or parts thereof, on private or public property, except as expressly hereinafter permitted, is declared a public nuisance which may be abated as such in accordance with the provision of this subchapter.
(Ord. 1153, passed 4-20-94; Am. Ord. 1173, passed 3-16-95)
Section 130.038: Applicability.
a) This subchapter shall not apply to:
1) A shopping or laundry cart, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or,
2) A shopping or laundry cart, or parts thereof, which is stored in a lawful manner on private property in connection with the business of a licensed retail consumer goods vendor when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or
3) A shopping or laundry cart, or parts thereof, which is stored in a lawful manner on private property in connection with the business of a licensed dismantler or junk dealer when such storage is necessary to the operation of a lawfully conducted business or commercial enterprise.
(Ord. 1153, passed 4-20-94; Am. Ord. 1173, passed 3-16-95)
Section 130.039: Administration and Enforcement Authority
a) Except as otherwise provided herein, the provisions of this subchapter shall be administered and enforced by the City Manager or his or her designee. In the enforcement of this subchapter, the City Manager or his or her designee may enter upon private or public property in a manner consistent with the United States and California Constitutions to examine a shopping or laundry cart, or parts thereof, or obtain information as to the identity of a shopping or laundry cart and to remove, or cause the removal of, a shopping or laundry cart, or parts thereof, which is declared to be a nuisance pursuant to this subchapter.
(Ord. 1153, passed 4-20-94; Am. Ord. 1173, passed 3-16-95)
Section 130.040: Identification of Carts; Notice
a) Every shopping and laundry cart used in a lawful business in the city shall have a sign permanently affixed to it that conforms with Cal. Business and Professions Code § 22435.1, so as to invoke the provisions of the Cal. Business and Professions Code § 22435.2 with respect to that cart. In addition, each owner of a shopping or laundry cart used in a lawful business in the city shall post at least one notice in a conspicuous place on the business premises that reads substantially as follows:
“WARNING: Unless otherwise approved by the management of this business, all carts owned or controlled by this business are to remain at all times on the premises and any designated parking area. Unauthorized removal of carts from this business or its designated parking area is a misdemeanor pursuant to Section 22435.3 of the California Business and Professions Code.”
b) The notice required by this section shall be displayed in letters of such size as may be easily read and seen by patrons of the business.
(Ord. 1173, passed 3-16-95)
Section 130.041: Nuisance Cart Abatement by the City
a) Upon discovering the existence of a nuisance cart on private or public property within the city, the City Manager or his or her designee shall have the authority to cause the abatement thereof in accordance with the following procedure:
1) If the nuisance cart is found on public property, including any streets, sidewalks, and other rights of way, then the City Manager or his or her designee may seize and return the nuisance cart directly to the cart's owner or lawful possessor. In the alternative, the City Manager or his or her designee may seize and take a nuisance cart into custody until the cart's lawful owner or agent is notified and retrieves the cart from the city in accordance with this chapter.
2) If the nuisance cart is found on private property, then the City Manager or his or her designee may enter the property in a manned consistent with the California and U.S. Constitution for the purpose of seizing the cart and thereafter disposing of it in the same manner as a cart found on public property.
b) Any seizure and temporary custody or a nuisance cart by the City Manager or his or her designee pursuant to this chapter shall be conclusively presumed to have been undertaken with the intent of abating a public nuisance and ultimately restoring possession of a cart to its lawful owner and not with the intent of temporarily or permanently depriving the owner of possession of the cart.
c) The City Council shall from time to time determine and fix by resolution such amounts to be assessed as abatement costs as will enable the city to recover its actual costs of abating any nuisance cart, or parts thereof. Whenever the city takes a cart into custody as a form of abatement, as opposed to returning it directly to the cart's owner or lawful possessor, the City Manager or his or her designee shall notify the owner or lawful possessor of such abatement and custody as soon as reasonably possible, by a written notice sent certified mail, return receipt requested.
d) Any notice sent pursuant to this section shall advise the cart's owner or lawful possessor that he or she has 30 days from receipt of the notice to either (1) retrieve the abated cart by paying the appropriate abatement fee established by the Council, or (2) request a hearing regarding the abatement's compliance with this chapter and any other applicable law and/or regarding the amount of the proposed abatement fee. The notice shall also advise the cart's owner or lawful possessor that if the cart is neither retrieved (including payment of the abatement fee) nor a hearing requested within the 30 day period, then the owner or lawful possessor shall be deemed to have waived and relinquished any. further interest in the cart and the city may proceed in its discretion to sell the cart at public auction or otherwise dispose of it.
e) To the extent reasonably practicable, any hearing requested by a cart's owner or lawful possessor shall be conducted by the Community Preservation Committee utilizing the procedures prescribed by Chapter 95 of the Indio City Code for Committee hearings regarding alleged public nuisances in the city.
(Ord. 1173, passed 3-16-95)

‹ Back to all Ordinances

Einkaufswagen-
Sicherungssystem

Pushout-
Diebstahlschutz

Einkaufswagen-
Management

Einkaufswagenbasierte-
Analysen

Möchten Sie mehr über Gatekeeper Systems erfahren?

Klicken Sie hier