Palm Springs, CA
CHAPTER 11.100 ABANDONMENT OF SHOPPING CARTS
Section 11.100.010: Declaration of public nuisance.
a) The city council makes the following findings and declarations: The accumulation and storage 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, to promote blight and deterioration, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to be aesthetically detrimental to the community, and to be 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. 1514 § 1 (part), 1995)
Section 11.100.020: Definitions.
a) The following definitions shall apply to this chapter:
1) “Abandoned shopping cart” means any empty shopping cart left on any public or private property with no person in the vicinity.
2) “Abatement of shopping cart” means the removal by the city of an abandoned shopping cart which is visible from any public right-of-way.
3) “City manager” means city manager, city manager’s designee, and/or authorized representatives of the city manager.
4) “Director” means director of planning and building for the city, director’s designee, and/or authorized representatives of the director.
5) “Parkway” means that area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. “Parkway” shall also include any area within a roadway which is not open to vehicular travel.
6) “Public property” means and includes, but is not limited to, all areas dedicated to public use for public street purposes, roadways, parkways, alleys, sidewalks, flood control channels and any public right-of-way.
7) “Shopping cart” means a basket which is mounted on wheels or a similar device generally used in retail establishments by a customer for the purpose of transporting goods of any kind.
(Ord. 1514 § 1 (part), 1995)
Section 11.100.030: Abandoned shopping cart.
a) Any shopping cart left on any public or private property shall be deemed to be abandoned and therefore a public nuisance pursuant to this chapter. The provisions of this section shall not apply to shopping carts left on the owner’s private property (including the common areas of shopping centers adjacent thereto).
b) In the event that a shopping cart is left on any public or private property, the owner of the shopping cart shall be responsible and liable for the removal and disposition of the abandoned shopping cart as provided in this chapter.
c) The city manager may exempt a shopping cart owner from 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 contract; provided, that such plan or contract meets with the city manager’s approval. The 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. 1514 § 1 (part), 1995)
Section 11.100.040: 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 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 this chapter, the abatement and removal 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. 1514 § 1 (part), 1995)
Section 11.100.050: Shopping cart abatement.
a) Upon discovering the existence of a wrecked, dismantled or abandoned shopping cart, or parts thereof, on public or private property within the city, the director shall have the authority to order the abatement and removal thereof in accordance with the procedure described in this chapter.
b) Upon the abatement and removal of any shopping cart located on public or private property within the city, the director shall notify the owner thereof (if the name can be ascertained) by mailing an abatement notice to the owner’s last known address. Such notice shall state the date the shopping cart was removed, the procedure for retrieving the shopping cart, and a statement that the owner may request a hearing to appeal the abatement order by submitting a written request within ten days of the date appearing on the notice. (Ord. 1514 § 1 (part), 1995)
Section 11.100.060: Hearings on shopping cart abatement.
a) Any shopping cart removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within thirty days of the date appearing on the abatement notice and upon the payment of reasonable administrative fees. Such administrative fees shall be waived if, after a hearing to appeal has been requested, a determination is made at such hearing that the fees shall be waived. The administrative fees for the removal and storage of the shopping cart shall be established or modified by resolution of the city council and shall include the actual cost of removal and storage of any shopping cart, or parts thereof, plus the proportional share of administrative costs in connection therewith.
b) Any hearing to appeal an abatement order which is requested shall be conducted within five days of the receipt of the request, excluding weekends and holidays, by the city manager, or his designee, who should be designated as the hearing officer. The failure of either the owner or his agent to request a hearing shall waive the right to a hearing. At the hearing, the hearing officer shall determine whether good cause was shown for the abatement and removal of the shopping cart. The decision of the hearing officer shall be deemed the final administrative determination. If good cause is shown for the abatement and removal of the shopping cart, the owner or his agent shall have thirty days from the hearing date to retrieve his shopping cart upon payment of the administrative fee. If good cause is not shown for the abatement and removal of the shopping cart, the administrative fee shall be waived and the owner or his agent shall have thirty days from the hearing date to retrieve his shopping cart. (Ord. 1514 § 1 (part), 1995)
Section 11.100.070: Disposition of shopping carts.
a) Any shopping cart not retrieved by its owner within thirty days of the date appearing on the abatement notice when such owner has not requested a hearing to appeal, or within thirty days of the hearing date when such owner has requested a hearing to appeal, shall be deemed to be permanently abandoned and may be sold at public auction or otherwise disposed of.
b) At a time convenient to the city, the city shall advertise the sale of permanently abandoned (as provided in subsection (a) of this section) shopping carts. 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.
c) The proceeds of such sale shall be disbursed to the city. (Ord. 1514 § 1 (part), 1995)
Section 11.100.080: Removal and disposal of wrecked shopping carts.
a) The director may determine that a wrecked shopping cart is in such poor condition that it may be immediately disposed of. This action will be a discretionary decision of the director and shall be based upon the director’s determination 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 11.100.060, but the director shall give notice of his 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. 1514 § 1 (part), 1995)
Section 11.100.090: Identification of shopping carts.
a) Every owner of a shopping cart, as defined in this chapter, shall permanently affix a sign to such shopping cart conspicuously identifying the owner thereof including name, address, and a telephone number for purposes of providing any necessary notice hereunder to the owner. (Ord. 1514 § 1 (part), 1995)
Section 11.100.100: Removal from premises prohibited—Exceptions.
a) No person shall remove any shopping cart from the premises or parking area of any business establishment if such shopping cart has permanently affixed to it a sign identifying it as belonging to the owner or operator of such business establishment, and a notification to the effect that the shopping cart is not to be removed from the owner’s premises. This section shall not apply to the removal by the owner or his agent or an employee of the business, nor to removal by a customer with the consent of its owner, owner’s manager, or owner’s authorized agent. (Ord. 1514 § 1 (part), 1995)
Section 11.100.110: Abandonment prohibited.
a) No person shall abandon or leave any shopping cart which has been removed from the owner’s premises upon any public street, alley, sidewalk, parkway or other public place, nor upon any private property except that of the owner of the shopping cart. (Ord. 1514 § 1 (part), 1995)
Section 11.100.120: 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 owner’s premises shall be considered littering by the owner. (Ord. 1514 § 1 (part), 1995)
Section 11.100.130: Unlawful possession.
a) No person shall have in his possession any shopping cart which has been removed from the owner’s premises without authorization or which has been abandoned or left on public or private property unless such person has notified the police department of the presence and location of such shopping cart. (Ord. 1514 § 1 (part), 1995)
Section 11.100.140: Supplementation of codes, statutes, ordinances, etc.
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. 1514 § 1 (part), 1995)
Would you like to learn more about Gatekeeper Systems?Click Here to learn more›