CHAPTER 9.13: ABANDONED SHOPPING CARTS
Section 9.13.020: Declaration of a public nuisance.
a) The city council makes the following findings and declarations: the presence of wrecked, dismantled, or abandoned shopping carts, or parts thereof, on public or private property is found to create a condition tending to reduce property values, impede emergency services, promote blight and deterioration, constitute an attractive nuisance creating a hazard to the health and safety of minors, aesthetically detrimental to the community, and injurious to the health, safety and general welfare. Therefore, the presence of wrecked, dismantled or abandoned shopping carts, or parts thereof, on public or private property is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 907-02 § 1 (part))
Section 9.13.030: Identification of shopping carts.
a) Any retail establishment providing shopping carts to its customers shall, within ninety days following the effective date of 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 of up to one hundred dollars, or both. (Ord. 907-02 § 1 (part))
Section 9.13.040: Impoundment of shopping carts with identification signs.
a) The impoundment procedures contained in this section shall apply only to shopping carts that have the identification sign required by Section 9.13.030.
b) Impoundment After Three Days. 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 sub. (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.
c) Immediate Impoundment. 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 9.13.040(C). 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 9.13.040(A). Any shopping cart not reclaimed within the three-business-day period shall be subject to any applicable fee or fine imposed pursuant to subsection 9.13.040(A) commencing on the fourth business day following the date of the notice.
d) Impoundment Due to Immediate Threat of Danger. Notwithstanding anything contained in subsections 9.13.040(A) or (B), 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, 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 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. 907-02 § 1 (part))
Section 9.13.050: Impoundment of shopping carts without identification signs.
a) The impoundment contained in this section shall apply only to shopping carts that do not have the identification sign required by Section 9.13.030.
b) 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. 907-02 § 1 (part))
Section 9.13.060: Hearing.
a) Any owner of a shopping cart who has been charged a fee or fine to reclaim a shopping cart shall be entitled to a hearing as to whether the fee or fine has been properly charged by providing to the city clerk a written request for a hearing within fifteen days of receipt of notice that the shopping cart has been impounded. The hearing shall be held not later than thirty days from the date of the hearing request, and the owner shall be notified of the time, date, and location of the hearing. The city manager or his or her designee shall appoint a hearing officer. If the hearing officer determines that the city properly impounded the shopping cart and the owner has been charged the appropriate amount, the owner shall pay all costs associated with the administrative hearing and, if he or she desires to reclaim the shopping cart, pay any applicable fee and/or fine. If the hearing officer determines that the owner has been improperly charged a fee and/or fine, the owner shall be entitled to reclaim the shopping cart at an adjusted fee and/or fine or at no charge, whichever is applicable. (Ord. 907-02 § 1 (part))
Section 9.13.070: Storage of impounded shopping carts.
a) Any shopping cart impounded by the city pursuant to this chapter shall be taken to a location as may be designated from time to time and which is both: (i) reasonably convenient to the owner of the shopping cart; and (ii) open for business at least six hours of each business day. (Ord. 907-02 § 1 (part))
Section 9.13.080: Disposition of impounded shopping carts.
a) The city shall be permitted to destroy, sell at public auction, or otherwise dispose of any shopping cart, or part thereof, impounded by the city pursuant to this chapter and deemed to be permanently abandoned, which includes but is not limited to the following circumstances:
b) The shopping cart does not have the identification sign required by Section 9.13.030 or other information that identifies the owner, or the city is unable to locate the owner with reasonable diligence.
If the owner has not requested a hearing, the owner of the shopping cart or the owner’s agent has failed to reclaim the shopping cart from the city within thirty days of receipt of notice that the shopping cart was impounded by the city.
c) If the owner has requested a hearing, the owner or owner’s agent has failed to reclaim the shopping cart from the city within thirty days of the hearing date.
d) The director determines that the shopping cart is inoperable, unsafe, or that the cost to repair exceeds the value of the shopping cart. In such case, the shopping cart or parts thereof may be destroyed without providing the appeal hearing provided in Section 9.13.060, but the director shall give notice of this action to the owner, if the same can be determined. The owner shall not be liable for any cost for removal and abatement in such case. (Ord. 907-02 § 1 (part))
Section 9.13.090: Sale of abandoned shopping carts.
a) If the city determines to sell any shopping cart deemed to be permanently abandoned pursuant to Section 9.13.080, the city shall advertise the sale at a time convenient to the city. Notice of such sale, including the time and place, shall be posted in three conspicuous places within the city. Ten days after posting such notice, such shopping carts may be sold and delivered to the highest bidder free and clear of any claims of the owner thereof. The proceeds of such sale shall be distributed to the city. (Ord. 907-02 § 1 (part))
Section 9.13.100: Removal from premises prohibited.
a) No person shall remove any shopping cart from the premises or parking area of any retail establishment. This section shall not apply to the removal by the owner or agent or an employee of the retail establishment, nor to the removal by a customer with the written consent of the owner, owner’s manager, or authorized agent.
b) No person shall have in his possession any shopping cart which has been removed from the premises or parking area of any retail establishment without the owner’s written consent or which has been abandoned or left on public or private property, unless such person has notified the city of the presence and location of such shopping cart. (Ord. 907-02 § 1 (part))
Section 9.13.110: Abandonment prohibited.
a) No person shall abandon or leave any shopping cart which has been removed from the premises or parking area of any retail establishment upon any public or private property except that of the owner of the shopping cart. (Ord. 907-02 § 1 (part))
Section 9.13.120: Owner’s responsibility to prevent littering.
a) The action of an owner or owner’s agent or employee to permit any shopping cart to be removed from the premises or parking area of any retail establishment shall be considered littering by the owner, unless such action is with the written consent provided in Section 9.13.100. (Ord. 907-02 § 1 (part))
Section 9.13.130: Shopping cart collection services may be performed by city appointed contractor.
a) The city may contract with a shopping cart retrieval service for the retrieval and impoundment of shopping carts or any other related service described in this chapter. (Ord. 907-02 § 1 (part))
Section 9.13.140: Administration and enforcement.
a) Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the city manager. In the enforcement of this chapter, the city manager, or designee, may enter onto public or private property to examine a shopping cart or parts thereof, or to obtain information to identify the owner of the shopping cart and to order, pursuant to the chapter, the abatement and impoundment of the shopping cart, or parts thereof, declared to be a nuisance. Notwithstanding the foregoing, the director shall perform the day-to-day administration of this chapter. (Ord. 907-02 § 1 (part))
Section 9.13.150: Exemptions.
a) The city manager may exempt a shopping cart owner from some or all of the provisions of this chapter if the shopping cart owner has implemented a plan whereby employees provide shopping cart retrieval, or where the shopping cart owner has entered into a contract with a shopping cart retrieval service and has provided the city with proof of such retrieval plan or contract; provided, that such plan or contract shall provide that carts will be retrieved within seventy-two hours after abandonment and shall contain appropriate enforcement mechanisms. If an approved plan or contract fails to retrieve carts within seventy-two hours, the city manager may revoke such approval. Such revocation shall subject the shopping cart owner to the provisions of this chapter. (Ord. 907-02 § 1 (part))
Section 9.13.160: Supplementation of codes, statutes and ordinances.
a) This chapter is not to be construed as the exclusive regulation of wrecked, dismantled or abandoned shopping carts within the city. It shall supplement and be in addition to other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, state or legal entity or agency having jurisdiction. (Ord. 907-02 § 1 (part))
