Cart Ordinances

Reedly, CA

Reedly, CA
4-5-1: PURPOSE; NUISANCE DECLARED:



The proliferation of lost or stolen shopping carts abandoned or discarded on public and private property causes blighting conditions in the community, results in the obstruction of free access to public and private sidewalks, streets, parking lots and other ways and impedes emergency services. For the aforesaid reasons, such lost, stolen or abandoned shopping carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this chapter. The purpose of this chapter is to set forth reasonable regulations for the removal of lost or abandoned shopping carts from public or private property, to complement and supplement provisions of state law and to adopt local regulations to the extent not otherwise preempted by state statute. (Ord. 2006-06, 4-25-2006)



4-5-3: RETRIEVAL OF SHOPPING CARTS:



A. The city may immediately retrieve any los, stolen or abandoned shopping cart within the city where the location of the shopping cart will impede emergency services within the meaning of Business and Professions Code section 22435.7(c).



B. The city may immediately retrieve any lost, stolen or abandoned shopping cart within the city which shopping cart does not have the required identification affixed thereto.



C. The city may retrieve any lost, stolen or abandoned shopping cart within the city which shopping cart has the required identification affixed thereto after providing the requisite notice to the owner of the shopping cart, or his agent, as required by Business and Professions Code section 22435.7(b), unless such notice has been voluntarily waived by the owner or his agent. (Ord. 2006-06, 4-25-2006)



4-5-4: STORAGE AND DISPOSAL OF SHOPPING CARTS:



A. Any shopping cart retrieved by the city pursuant to section 4-5-3 of this chapter, or pursuant to Business and Professions Code section 22435.7, shall be impounded and removed to the cart storage yard.



B. Any shopping cart which does not have the required identification affixed hereto and is impounded by the city shall be stored and disposed of as follows:



1. The code enforcement officer retrieving the shopping cart shall attach a tag thereto, or make a written report, identifying the date, time and general location from where the shopping cart was removed as well as the name of the enforcement personnel who retrieved the shopping cart.



2. The shopping cart shall be delivered and custody thereof given to the custodian at the cart storage yard.



3. If the shopping cart has the name, address, telephone number or other identifying marks of any retail establishment or person thereon, the city shall attempt to notify such establishment or person of the retrieval and location of the shopping cart and provide an opportunity for such establishment or person to establish ownership or the right to possession of the retrieved shopping cart to the custodian. In addition, if the shopping cart was retrieved from private property, the city shall attempt to notify the owner or occupant, if any, of such property and provide an opportunity for such owner or occupant to establish ownership or the right to possession of the retrieved shopping cart to the custodian.



4. The shopping cart shall be released to any establishment or person who submits evidence satisfactory to the custodian to prove ownership or the right to possession of the shopping cart. The shopping cart shall be released only upon payment of the retrieval fee and applicable storage charges as established by resolution of the city council; provided, however, no fee shall be required in any instance where the owner or person entitled to possession of the shopping cart proves to the satisfaction of the custodian that said shopping cart was not a lost, stolen or abandoned shopping cart within the meaning of this chapter.



5. If the owner or other person or establishment entitled to possession of a lost, stolen or abandoned shopping cart does not appear and present evidence satisfactory to the custodian for the release of the shopping cart within ninety (90) calendar days following the date said cart is retrieved by the city, the shopping cart may be sold or disposed of by the custodian.



C. Any shopping cart which has the required identification affixed thereto and is impounded by the city following compliance with the applicable provisions of section 4-5-3 of this chapter shall be stored and disposed of as follows:



1. The enforcement personnel retrieving the shopping cart shall attach a tag thereto, or make a written report identifying the date, time and general location from where the shopping cart was removed as well as the name of the code enforcement officer who retrieved the shopping cart.



2. The shopping cart shall be delivered and custody thereof given to the custodian at the cart storage yard.



3. The city shall provide a written notice of violation to the retail establishment or owner as identified on the required identification informing such owner or establishment of the retrieval and location of the shopping cart. In addition, if the shopping cart was retrieved from private property, the city shall attempt to notify the owner or occupant, if any, of such property of the retrieval and location of the shopping cart and provide an opportunity for such owner or occupant to establish ownership or the right to possession of the retrieved shopping cart to the custodian.



4. The shopping cart shall be released to any establishment or person who submits evidence satisfactory to the custodian to prove ownership or the right to possession of the shopping cart. The shopping cart shall be released only upon payment of the fine, if any, established by section 4-5-8 of this chapter, the redemption fee and applicable storage charges as established by resolution of the city council; provided however, no fee or charges shall be imposed or required in any instance where the owner or person entitled to possession of the shopping cart proves to the satisfaction of the custodian that said shopping cart was not a lost, stolen or abandoned shopping cart within the meaning of this chapter. In addition, no fee or charges shall be imposed or required to the extent the city and the owner or retail establishment have entered into an agreement waiving any such fee or charges, or any portion thereof, pursuant to section 4-5-5 of this chapter.



5. If the owner or other person or establishment entitled to possession of the shopping cart does not appear and present evidence satisfactory to the custodian for the release of the shopping cart within thirty (30) calendar days following the date of the notice of violation provided herein, the shopping cart may be sold or disposed of by the custodian. (Ord. 2006-06, 4-25-2006)



4-5-5: CITY AGREEMENTS WITH RETAIL ESTABLISHMENTS:



Notwithstanding any other provision of this chapter to the contrary, nothing contained in this chapter shall be deemed to impose a requirement upon the city with regard to advance notice to a shopping cart owner or retail establishment prior to the retrieval and impounding of a shopping cart to the extent the city and the owner or retail establishment have entered into an agreement which waives such requirement. Nothing contained herein shall require the city and any owner or retailer to enter into any such agreement. The city manager is hereby authorized to enter into such agreements on behalf of the city. (Ord. 2006-06, 4-25-2006)



4-5-6: APPEAL CUSTODIAN DECISIONS:



Any decision of the custodian pursuant to this chapter shall be subject to appeal to the city manager by filing a written notice of appeal, and specifying the grounds therefore, with the city clerk within ten (10) calendar days following the date of said decision by the custodian. In the absence of a timely filed appeal, the decision of the custodian shall be final. If a timely appeal is filed, the city clerk shall notify the appellant of the date, time and place where such appeal will be considered by the city manager. In such instances, the decision of the city manager shall be final. (Ord. 2006-06, 4-25-2006)



4-5-7: ENFORCEMENT:



The provisions of this chapter shall be enforced by any code enforcement officer including, but not limited to, police officers. To the extent otherwise permitted by law, said enforcement personnel may enter onto any public or private property in the city to retrieve, remove, store and dispose of any lost, stolen or abandoned shopping cart or any part thereof. Any act authorized to be performed by the city pursuant to any provision of this chapter may be performed by any enforcement personnel. (Ord. 2006-06, 4-25-2006)



4-5-8: VIOLATIONS; PENALTIES:



The owner of a shopping cart shall pay a fine, and there is hereby imposed upon such owner as a debt owing to the city, the sum of fifty dollars ($50.00) for each occurrence in excess of three (3) occurrences during any six (6) month period for failure to retrieve shopping carts in accordance with Business and Professions Code section 22435.7. (Ord. 2006-06, 4-25-2006)

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