Cart Ordinances

San Bernardino, CA

San Bernardino, CA
Chapter 5.26



SHOPPING CARTS



Sections:



5.26.010 Purpose



Abandoned shopping carts located outside the premises or parking areas of retail establishments and on public or private properties and viewable from the public rights of-way are injurious to the public health, safety, and welfare and constitute a public nuisance. This nuisance is caused by persons unlawfully removing shopping carts from the premises or parking areas of retail establishments, by certain retail establishments failing to maintain adequate supervision of their premises and parking areas and failing to implement effective cart removal prevention programs or cart retrieval programs. The purpose of this chapter is to establish reasonable regulations for the collection and impound of abandoned shopping carts and to supplement provisions of state law regarding the unauthorized removal of shopping carts from the premises and parking areas of retail establishments.



5.26.030 Removal of Shopping Carts From Public Property



A. Upon the discovery of an unidentified shopping cart on public property, the City or its authorized contractor may remove the cart. Such carts shall be tagged with date and location and shall be impounded for thirty calendar days at a location selected by the City. A claim for a cart shall be presented to the City Administrator or his or her duly authorized representative, and shall be accompanied by proof of ownership of the cart. A person demonstrating proof of ownership of a cart stored by the City shall pay the City's tagging and retrieval fee, as set by City Council resolution, prior to the cart being released.



B. Upon the discovery of any owner identified shopping cart on public property, the City or its authorized contractor may remove the cart and promptly return it to the owner or premises identified thereon, or impound the same for safekeeping and provide actual notice within twenty-four (24) hours following such storage to the owner, or his or her agent, where it may be retrieved at no charge or cost if so retrieved within three business days following the date of actual notice as provided herein. Each such cart shall be tagged with the date and location of impoundment. Pursuant to Business and Professions Code Section 22453.7(i), said actual notice given to the owner of any owner identified shopping cart which is impounded pursuant to this section shall further specify the date and time of such impoundment, the cost of retrieval if not so retrieved within three business days following date of actual notice, and that failure to retrieve such cart within thirty calendar days of receipt of such notice may result in the cart being disposed of as permitted by law.



C. This section shall not apply to a cart attended by any person who can demonstrate, to the satisfaction of the City or its authorized contractor, ownership of the shopping cart or written permission of the owner, to have the cart in his/her possession.



5.26.040 Disposal



After the expiration of the thirty-day period specified in Section 5.26.030(A), the City or its authorized contractor with the City's approval, may sell an unclaimed unidentified shopping cart at public auction or otherwise dispose of the cart. After the expiration of the thirty-day period specified in Section 5.26.030(B), the City may sell or otherwise dispose of any unclaimed owner-identified shopping cart as authorized by Business and Professions Code Section 22435.7(g)



5.26.050 Tag Tampering Prohibited



A. It shall be a misdemeanor for any person to remove any tag affixed by the City or its authorized contractor to any shopping cart with the intent of interfering with the enforcement of this chapter or evading any of its provisions.



B. It shall be a misdemeanor for any person to obstruct, impede or interfere with any representative of the City or its authorized contractor who is engaged in tagging, removing or transporting a shopping cart in accordance with this chapter.



5.26.060 Unauthorized Removal or Possession of Shopping Carts



It shall be a misdemeanor to do any of the following acts with respect to an owner identified shopping cart:



1. Remove a shopping cart from the premises or parking area of a retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;



2. Be in possession of any shopping cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;



3. Be in possession of any shopping cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;



4. Leave or abandon a shopping cart at a location other than the premises or parking area of the retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;



5. Alter, convert, or tamper with a shopping cart, or remove any part or portion thereof or to remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart; and



6. Be in possession of any shopping cart while that cart is not located on the premises or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. This section shall not apply to any person who can satisfactorily demonstrate ownership of the shopping cart, or to any person having written permission of the owner to have the cart in his or her possession. Any such shopping cart in the possession of any person found to be in violation of Business and Professions Code Section 22435.2 may be returned to the owner or premises identified thereon by the City or its authorized contractor, or may be impounded for safekeeping provided actual notice within twenty-four (24) hours following such storage is given to the owner, or his or her agent, where said cart may be retrieved at no charge or cost if so retrieved within three business days following the date of actual notice as provided herein. Each such cart shall be tagged with the date and location of impoundment. Pursuant to Business and Professions Code Section 22453.7(i), said actual notice given to the owner of any such shopping cart which is impounded pursuant to this section shall further specify the date and time of such impoundment, the cost of retrieval if not so retrieved within three business days following date of actual notice, and that failure to retrieve such cart within thirty calendar days of receipt of such notice may result in the cart being disposed of as permitted by law.



5.26.070 Impound Appeal



A. Any person who can demonstrate that he or she is a cart owner may appeal the imposition of a tagging and retrieval fee 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 Mayor or the Mayor's duly authorized representative within ten calendar days of notification of such assessed fee. An office hearing will be held within thirty calendar days of the receipt of such appeal request. The shopping cart owner or authorized representative may appear and be heard on the matter. If the Mayor or the Mayor's duly authorized representative determines that the shopping cart was not removed and stored in substantial accordance with the provisions of this chapter, the tagging and retrieval fee shall be waived and the shopping cart shall be returned.



B. The Mayor or the Mayor's duly authorized representative shall, within ten working days after the conclusion of the hearing, give written notice of his or her decision to the party or parties who filed the appeal. The notice shall contain the decision and the reasons therefor. The decision of the Mayor or the Mayor's duly authorized representative shall be final and conclusive and shall not be subject to any further appeal. Pursuant to Code of Civil Procedure Section 1094.6, any action to review said decision shall be commenced not later than the ninetieth day after the date of the written notice of decision.



(Ord. MC-1038, 1-12-99)

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