Chapter 8.54 ABANDONED SHOPPING CARTS
8.54.030 Identification of shopping carts.
A. Any retail establishment providing shopping carts to its customers shall, within ninety days following the effective date of the ordinance codified in 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 as provided in Signal Hill Municipal Code Section 1.16.010C, or both.
(Ord. 2001-06-1286 § 1 (part))
8.54.040 Impoundment of shopping carts with identification signs.
The impoundment procedures contained in this section shall apply only to shopping carts that have the identification sign required by Section 8.54.030.
A. 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 subsection (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. 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 of this section. 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 of this section. 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 of this section commencing on the fourth business day following the date of the notice.
C. Notwithstanding anything contained in subsections A or B of this section, 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, 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. 2001-06-1286 § 1 (part))
8.54.050 Impoundment of shopping carts without identification signs.
The impoundment contained in this section shall apply only to shopping carts that do not have the identification sign required by Section 8.54.030.
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. 2001-06-1286 § 1 (part))
