CHAPTER 5: OFFENSES, MISCELLANEOUS
Section 5-23.7: Shopping Cart Retrieval.
a) Except as otherwise provided herein, the provisions of this article shall be administered and enforced by employees of those various departments of the City as may be designated by directive of the Administrative Officer, or any such private contractor as may be appointed by the Administrative Officer. In the enforcement of this article, employees of the City or its representative may enter onto public property to examine a shopping cart or parts thereof, or to obtain information as to the identity of a shopping cart and to remove, or cause the removal of, a shopping cart, or parts thereof, declared to be a nuisance pursuant to this article.
(Ord. 94-11 12-20-94; Ord. 97-19 9-2-97)
Section 5-23.4: Shopping Carts. Removal Prohibited.
a) Without the prior written consent of the owner, it shall be unlawful for any person to remove, or cause to be removed, any shopping cart which is the property of the business establishment furnishing such carts for its customers’ use from the parking lot or other premises of said business establishment if such cart has prominently and permanently affixed thereto a notice in substantially the following form:
1) “PROPERTY OF (Owner’s Name) Removal of this cart from these premises without written permission of the owner is prohibited by law. (I.M.C. Sec. 5-23.4).”
(Ord. 2116 6-27-72)
Section 5-23.5: Shopping Carts. Notice. Posting of.
a) There shall be posted by the business establishment furnishing a parking lot and shopping carts for its customers’ use prominently and conspicuously on the premises and the parking lot a notice in substantially the following form:
1) “REMOVAL OF SHOPPING CARTS FROM THESE PREMISES PROHIBITED BY LAW. (I.M.C. Sec. 5-23.4).”
(Ord. 2116 6-27-72)
Section 5-23.8: Assessments for Shopping Cart Removal; Hearings.
a) Upon the abatement and removal of any shopping cart located on public property within the city of Inglewood, the City shall notify the owner thereof by mailing a notice of abatement to the last known address of the owner. Such owner shall state the date the shopping cart was removed from public property, the location, and procedure for retrieval of the shopping cart, and a statement that, in order to receive a hearing with regard to the removal of the shopping cart the owner of its agent shall submit a request for such hearing either in person or in writing within ten days of the date appearing on the notice. Any such shopping cart removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within thirty days after such removal and upon the payment of reasonable administrative fees. Such administrative fees shall be waived if, after a hearing has been requested, a determination is made at such hearing that upon a finding of good cause the administrative fees should be waived.
b) The administrative fees for the removal and storage of a shopping cart is hereby established at fifteen dollars ($15.00) per cart. The Administrative Officer shall review the fees charged for such service at least once annually, and shall recommend changes to the City Council when the costs for such services make it appropriate. Modifications to the administrative fee shall be made by resolution of the City Council.
c) Any hearing which is requested shall be conducted within five days of the receipt of the request for such hearing, excluding weekends and holidays, by the Administrative Officer or his/her designate, who should be designated as the hearing officer. The failure of either the owner or its agent to request a hearing shall be considered a waiver of the hearing requirement. If it is determined at a hearing that reasonable grounds for the abatement and removal of a shopping cart are not established, no fee for removal and storage of said shopping cart shall be imposed. At the close of the hearing, the Hearing Officer shall determine whether good cause was shown for the abatement and removal of the shopping cart from public property. The decision of the Hearing Officer shall be deemed the final administrative determination. If good cause is shown for the abatement and removal of the shopping cart, the owner or its agent shall have fifteen days from the date of the hearing to retrieve its shopping cart upon payment of the administrative fee. If good cause is not shown for the abatement and removal of the shopping cart from public property, the administrative fee shall be waived and the owner or its agent shall have fifteen days to retrieve its shopping cart from the public works yard.
d) Any shopping carts which are not retrieved by the owner of such shopping cart within thirty days after the mailing of written notice of abatement, when such owner has not requested a hearing, in accordance with this section, may be sold at public auction or otherwise disposed of at the end of thirty days following such notice.
(Ord. 94-11 12-20-94; Ord. 97-19 9-2-97)
