ARTICLE VII. ABANDONED OR DISCARDED SHOPPING CARTSSec.
62-176. Definition of abandoned or discarded cart.
A shopping cart is considered abandoned or discarded if it is located on any property within the city other than the property constituting the business premises of the shopping cart owner or accessory parking lot adjacent thereto, unless such shopping cart is currently being used in connection with the business premises of the shopping cart owner, or is on the property for the purposes of repair and storage for which the owner or occupant of the business where the property is located has a current city occupational license and zoning approval.
(Ord. No. 2229, § 1, 11-25-97)
Sec. 62-177. Violation.
(a) It is a violation of this section for any person in charge or in control of any property within the city, whether an owner, tenant, occupant, lessee, or otherwise, to allow any abandoned or discarded shopping cart to remain on such property.
(b) It is a violation of this section for any owner of a shopping cart to allow a shopping cart to be abandoned or discarded.
(Ord. No. 2229, § 1, 11-25-97)
Sec. 62-178. Enforcement.
If any discarded or abandoned shopping cart is found to be in violation of this part:
(1) A code inspector or police officer shall place a written notice on the shopping cart indicating that it is in violation of this section and that it must be removed within three calendar days or be subject to removal by the city. The code inspector or police officer shall make every reasonable attempt to ascertain the owner of the shopping cart, and shall notify any such owner so identified with either written notice delivered by mail or personal service at any known business address of such owner.
(2) Within the three-calendar-day period specified in the notice, the owner of the shopping cart or his authorized agent may appeal to the director of code enforcement or his designee. The director of code enforcement or his designee shall determine the validity of the violation and may for good cause extend the time for compliance or removal. If such an appeal is made, no removal shall be required until after the appeal has been finally determined.
(3) If no appeal is made and the discarded or abandoned shopping cart remains in violation after the three-calendar-day period, the director of code enforcement or his designee shall cause such shopping cart to be removed to a storage facility approved by the city with the cost of such removal and storage charged to the owner of the shopping cart; thereafter, such discarded or abandoned shopping cart shall be disposed of in accordance with applicable state law or city ordinance.
(Ord. No. 2229, § 1, 11-25-97)
Sec. 62-179. Liability for expenses.
The shopping cart owner and the owner or occupant of property where such cart is discarded or abandoned shall be jointly and severally liable to the city for the payment of any unrecovered expenses incurred by the city in the removal, storage and disposition of abandoned or discarded shopping carts.
(Ord. No. 2229, § 1, 11-25-97)
Sec. 62-180. Enforcing agency.
It shall be the primary duty of the code enforcement division of the planning and community development department to enforce this article with the cooperation and assistance of the police department.
(Ord. No. 2229, § 1, 11-25-97)
Sec. 62-181. Entrance upon private property.
The city is authorized to enter upon private property for the purpose of seizing and taking into possession any abandoned or discarded shopping carts.
(Ord. No. 2229, § 1, 11-25-97)
