CHAPTER 8.10: SHOPPING CARTS
Section 8.10.050: Removal of shopping carts from retail establishments prohibited.
a) It is prohibited for any person other than the cart owner or his authorized representative to remove a cart from the premises of a retail establishment that owns or rightfully possesses the cart, unless the cart owner expressly authorizes removal of the cart in writing.
(Ord. 1541 § 1 (part), 1998)
Section 8.10.060: Removal of unidentified carts.
a) Once an unidentified cart is discovered on public or private property, the city or its authorized contractor may remove and impound said cart. If the removal is from private property, the city or its authorized contractor must first obtain the property owner’s consent. The unidentified cart shall be marked with a tag indicating the date and location of its discovery and shall be stored for thirty calendar days at a location selected by the city. Any claims for an unidentified cart shall be presented to the director of public services or his designee, and shall be accompanied by proof of ownership of the cart. A person demonstrating proof of ownership of an unidentified cart stored by the city shall pay the city’s nuisance abatement fee prior to the cart being released by the city.
b) This section shall not apply to an unidentified cart attended by a person who can demonstrate to the city or its authorized contractor satisfactory proof of ownership of the shopping cart or written permission of the owner to have the cart in their possession.
(Ord. 1541 § 1 (part), 1998)
Section 8.10.070: Removal of identified carts.
a) The city, or its authorized contractor, may remove and impound any abandoned identified shopping cart from any public or private property (if from private property consent must first be obtained), provided the following has occurred:
1) The identified cart is located outside the premises or parking area of the retail establishment which owns the cart;
2) The owner of the identified cart or his representative has received actual notice within twenty-four hours following the impound of the cart as to the location where the cart may be claimed.
b) Notwithstanding subsection A of this section, the city or its authorized contractor may remove and impound any identified cart from any public or private property in instances where the location of the cart may impede emergency services.
(Ord. 1541 § 1 (part), 1998)
Section 8.10.080: Disposal.
a) Any identified or unidentified cart not reclaimed from the city within thirty days of receipt of a notice of impoundment by the owner of the cart, may be sold or otherwise disposed of by the city.
b) In the event a cart remains unclaimed, is disposed of or destroyed, the city reserves the right to collect any applicable redemption fees and/or fines from the cart owner.
(Ord. 1541 § 1 (part), 1998)
Section 8.10.090: Nuisance abatement administrative fee and/or fine.
a) Unidentified Carts. An administrative fee to cover the city’s cost for the tagging, removal, and storage of unidentified shopping carts and associated administrative activities performed by the city shall be established by resolution of the city council. Such fee shall not exceed the city’s reasonable estimate of actual cost for such services. In the event an unidentified cart is claimed by its owner, a fine may be imposed as set forth in subsection B of this section, in addition to the city’s administrative fee.
b) Identified Carts. In addition to the payment of an administrative fee as set forth in subsection A of this section, the owner of an identified cart may also be subject to a fine in the maximum amount established by Business and Professions Code, Section 22435.7(f), as may be amended from time to time, for each occurrence in excess of three during any six-month period for failure to retrieve identified carts in accordance with this chapter. An occurrence includes all identified carts impounded by the city or its authorized contractor in a one-day period.
(Ord. 1541 § 1 (part), 1998)
Section 8.10.100: Redemption by owner.
a) A cart owner or his authorized representatives, may, upon prior appointment, inspect impounded carts to determine if any of the owner’s carts are present and may redeem such carts upon proof of ownership and payment of all applicable administrative fees and/or fines.
b) An impounded cart may be redeemed by the owner at any time during normal business hours prior to disposal or destruction. The owner shall be entitled to receive the cart upon payment of all applicable administrative fees and/or fines.
c) Any impounded cart redeemed by the owner or his authorized representative within three business days following the date of actual notice of impoundment shall be released and surrendered to the owner or his authorized agent at no charge, including the waiver of any administrative fees and/or fines that would otherwise be applicable pursuant to Section 8.10.090 of this chapter.
d) Any impounded cart redeemed by the owner or his authorized representative within three business days following the date of actual notice of impoundment shall not be deemed an occurrence for purposes of Section 8.10.090B of this chapter.
e) Any impounded cart that is not redeemed by the owner or his authorized representative within three business days following the date of actual notice of impoundment shall be subject to any applicable administrative fees and/or fines imposed pursuant to Section 8.10.090 of this chapter, commencing on the fourth business day following the date of the notice of impoundment.
f) No cart shall be released to a person seeking to redeem an impounded cart, unless such person submits, to the sole satisfaction of the city, proof of ownership or right to possession of the impounded cart.
g) Any release of a cart to a person deemed by the city to be entitled thereto, shall be an absolute defense of the city against any other person claiming to be entitled thereto.
(Ord. 1541 § 1 (part), 1998)
Section 8.10.110: Appeals of cart impound.
a) A person who can demonstrate that they are the owner of an impounded cart may appeal the imposition of the nuisance abatement administrative fee and/or fine 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 director of public services or his designee within ten calendar days of paying the fee and/or fine. An office hearing will be held within thirty calendar days of the receipt of a request for an appeal. The cart owner or authorized representative shall appear and be heard on the matter. If the director of public services or his designee determines that the shopping cart was not removed and stored in substantial accordance with the provisions of this chapter, the nuisance abatement administrative fee and/or fine shall be refunded. The decision of the public services director or his designee shall be final.
(Ord. 1541 § 1 (part), 1998)
Section 8.10.120: Penalty for violation.
a) Any violation of the provisions of this chapter shall be deemed to be an infraction, and punishable as such, notwithstanding the fact that at the discretion of the city, the violation of any section of this chapter may be filed as a misdemeanor. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction. Each day a violation of any provision of this chapter shall continue shall be a new and separate violation.
b) A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.
(Ord. 1541 § 1 (part), 1998)
