CHAPTER 9.112: SHOPPING CARTS
Section 9.112.010: Purpose.
a) Abandoned shopping carts located outside the premises or parking areas of retail establishments and on public or private properties and viewable from the public rights-of-way are injurious to the public health, safety, and welfare and constitute a public nuisance. This nuisance is caused by persons unlawfully removing shopping carts from the premises or parking areas of retail establishments, by certain retail establishments failing to maintain adequate supervision of their premises and parking areas and failing to implement effective cart removal prevention programs or cart retrieval programs. The purpose of this chapter is to establish reasonable regulations for the collection and impound of abandoned shopping carts and to supplement provisions of state law regarding the unauthorized removal of shopping carts from the premises and parking areas of retail establishments.
(Ord. 516 § 2 (part), 1997).
Section 9.112.020: Definitions.
a) “Authorized contractor” means a private company providing shopping cart retrieval services, as designated by the city council.
b) “City” means the city of La Mirada or its designated representatives.
c) “Owner-identified shopping cart” means a shopping cart that has a permanently affixed sign that identifies, in accordance with Business and Professions Code Section 22435.1, the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the owner’s premises; notifies the public that the unauthorized removal of the cart from the cart owner’s premises or parking area or the unauthorized possession of the cart, is a violation of state law; and lists a valid telephone number or address for returning the cart to the owner or retailer.
d) “Person” means an individual or entity.
e) “Public property” means all real property in the city in which a public agency has a fee simple, easement, leasehold interest, or any possessory interest. This includes but is not limited to, streets, sidewalks, parks and flood control facilities.
f) “Retail establishment” means any establishment utilizing shopping carts outside of the establishment.
g) “Shopping cart” or “cart” means a basket that is mounted on wheels or a similar device generally used in retail establishment by a customer for the purpose of transporting goods of any kind.
h) “Unidentified shopping cart” means a shopping cart that is not an owner-identified shopping cart.
(Ord. 516 § 2 (part), 1997).
Section 9.112.030: Removal of shopping carts from public property.
a) Upon the discovery of an unidentified shopping cart on public property, the city or its authorized contractor may remove the cart. Such carts shall be tagged with date and location and shall be impounded for thirty calendar days at a location selected by the city. A claim for a cart shall be presented to the city manager or designee, and shall be accompanied by proof of ownership of the cart. A person demonstrating proof of ownership of a cart stored by the city shall pay the city’s tagging and retrieval fee, as set by city council resolution, prior to the cart being released.
b) Upon the discovery of any owner-identified shopping cart on public property, the city or its authorized contractor may remove the cart and promptly return it to the owner or premises identified thereon, or store the same for safekeeping and promptly notify the owner where it may be retrieved. Such safe storage shall not be deemed to be an impoundment, and no tagging and retrieval fee or civil penalty may accrue as a result thereof.
c)Alternatively, any owner-identified shopping cart which is not retrieved within three business days from the date the owner of the cart, or his or her agent, receives actual notice including, but not limited to, telephonic notice, from the city of the shopping cart’s discovery and location, may be impounded and stored in accordance with the provisions of Business and Professions Code Section 22435.7. Each such cart shall be tagged with the date and location of impoundment. Pursuant to Business and Professions Code Section 22435.7(g) written notice shall be mailed to the owner of any owner-identified shopping cart which is impounded pursuant to this section, which shall specify the date and time of such impoundment, the location where the cart may be retrieved, the cost of retrieval and that failure to retrieve such cart within thirty calendar days may result in the cart being disposed of as permitted by law.
d) This section shall not apply to a cart attended by any person who can demonstrate, to the satisfaction of the city or its authorized contractor, ownership of the shopping cart or written permission of the owner, to have the cart in his/her possession.
(Ord. 516 § 2 (part), 1997).
Section 9.112.040: Disposal.
a) After the expiration of the thirty-day period specified in Section 9.112.030(a), the city, or its authorized contractor with the city’s approval, may sell an unclaimed unidentified shopping cart at public auction or otherwise dispose of the cart.
b) After the expiration of the thirty-day period specified in Section 9.112.030(b), the city may sell or otherwise dispose of any unclaimed owner-identified shopping cart as authorized by Business and Professions Code Section 22435.7(g).
(Ord. 516 § 2 (part), 1997).
Section 9.112.050: Tag tampering prohibited.
a) No person shall remove any tag affixed by the city or its authorized contractor to any shopping cart with the intent of interfering with the enforcement of this chapter or evading any of its provisions.
b) No person shall obstruct, impede or interfere with any representative of the city or its authorized contractor who is engaged in tagging, removing or transporting a shopping cart in accordance with this chapter.
(Ord. 516 § 2 (part), 1997).
Section 9.112.060: Impound appeal.
a) Any person who can demonstrate that he or she is a cart owner may appeal the imposition of a tagging and retrieval fee by presenting evidence that the cart removal and storage was not performed substantially in accordance with the provisions of this chapter. Appeals shall be made in writing to the city manager or designee within ten calendar days of paying the fee. An office hearing will be held within thirty calendar days of the receipt of such appeal request. The shopping cart owner or authorized representative may appear and be heard on the matter. If the city manager or designee determines that the shopping cart was not removed and stored in substantial accordance with the provisions of this chapter, the tagging and retrieval fee shall be refunded. The decision of the city manager or designee shall be final.
(Ord. 516 § 2 (part), 1997).
Section 9.112.070: Unauthorized removal or possession of shopping carts.
a) It is unlawful to do any of the following acts:
1) Remove an unidentified shopping cart from the premises or parking area of a retail establishment;
2) Be in possession of an unidentified shopping cart that has been removed from the premises or the parking area of a retail establishment;
3) Leave or abandon a shopping cart on public or private property and at a location other than the premises or parking area of the retail establishment.
Any cart in the possession of, or abandoned by, any person found to be in violation of subsections (1), (2) or (3) above, may be impounded in accordance with the procedures set forth in Section 9.112.030 applicable to unidentified shopping carts, whether or not such cart is actually located on public or private property.
b) This section shall not apply to any person who can satisfactorily demonstrate ownership of the shopping cart, or to any person having written permission of the owner to have the cart in his or her possession.
c) Removal, possession and abandonment of owner identified shopping carts, shall be governed by the provisions of Business and Professions Code Section 22435.2. Any cart in the possession of any person found to be in violation of Business and Professions Code Section 22435.2 may be impounded by the city provided, however, that written notice shall be given to the identified owner of the impoundment of such cart. Provided the owner or representative thereof makes a proper claim for such cart within thirty calendar days of the date of mailing of such notice, no costs of retrieval shall be imposed upon such owner or representative. In the event any such cart remains unretrieved for thirty days following the mailing of such notice, the city may sell or otherwise dispose of such cart.
(Ord. 516 § 2 (part), 1997).
Section 9.112.080: Penalties applicable to owners of shopping carts.
a) Pursuant to the provisions of Business and Professions Code Section 22435.7(f), upon a fourth failure and upon each successive failure thereafter within any six consecutive month period by an owner of an owner identified shopping cart, to retrieve any such cart or carts for which notice of discovery thereof has been given by the city pursuant to this chapter, a civil penalty in the amount of fifty dollars shall be paid by such owner.
b) Upon a fourth failure and upon each successive failure thereafter within any six consecutive month period by an owner of an unidentified shopping cart, to retrieve any such cart or carts within the thirty-day period specified in Section 9.112.030(b), a civil penalty in the amount of fifty dollars shall be paid by such owner.
c) No more than one failure to retrieve may accrue for any given day as to any owner, regardless of the number of such owner’s carts retrieved on such day.
d) Any and all civil penalties authorized by this section shall be deemed to be imposed without prior notice being given by the city. The city manager or designee shall maintain records of facts relevant to the imposition of any and all civil penalties. Within ninety days, and at the city’s discretion and convenience, notice of assessment of a civil penalty or penalties shall be given to affected shopping cart owners by first class mail addressed to their respective retail establishments. Such notice shall set forth the date and circumstances surrounding the imposition of each civil penalty and shall further state that the amount of the penalty is payable within thirty days of the date of the notice. Thereafter, each civil penalty imposed shall be paid within such period unless, within ten calendar days of the date of such notice, the shopping cart owner files a written appeal with the city council or its designee. Thereafter, a hearing will be scheduled and conducted within thirty calendar days at which time the owner or authorized representative may appear and be heard on the matter. If the city council or designee determines that the city did not substantially comply with applicable provisions of this chapter, or finds that any civil penalty was otherwise not properly imposed, the owner shall not be required to pay such civil penalty. The decision of the city council or designee shall be final.
e) In the event any civil penalty, not successfully appealed, remains unpaid after thirty days of the date of the notice thereof, such penalty shall constitute a civil debt of the shopping cart owner and may be collected as a contract debt by way of legal action or otherwise as permitted by law. Furthermore, such civil penalties may be added to any tagging and retrieval fees which may accrue to such shopping cart owner. In such instance, the entire amount of tagging and retrieval fees, plus accrued civil penalties shall be paid prior to any impounded shopping carts being released to such owner.
(Ord. 516 § 2 (part), 1997).
Section 9.112.090: Exemption for retail establishments utilizing cart retrieval services.
a) Notwithstanding any other provision of this chapter, any shopping cart owner which has retained a shopping cart retrieval service as of the day any of the owner’s carts is impounded, and for at least three months prior thereto, shall not be required to pay a tagging and retrieval fee, nor shall the same be subject to the accrual of any civil penalties pursuant to this chapter, provided that throughout such period the city has had written notification that the shopping cart retrieval service has been ready and willing to retrieve any of the owner’s abandoned shopping carts within twenty-four hours of receipt of telephonic notice by the city. The burden of establishing such exemption shall be upon the shopping cart owner.
b) This exemption shall not apply, however, if, on three or more prior occasions within a one-year period, the city has informed a designated shopping cart retrieval service of the presence of an abandoned shopping cart and the same has not been removed by the service within twenty-four hours of the city’s notification.
(Ord. 516 § 2 (part), 1997).
