Santa Fe Springs, CA
Ordinance No. 996
Section 132.06 Removal of shopping carts from public property
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 manager or designee, 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 the city council resolution, prior to the cart being released.
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 store the same for safekeeping and promptly notify the owner where it may be retrieved. Such safe storage shall not be deemed to be an impoundment, and no tagging and retrieval fee or civil penalty may accrue as a result thereof. Alternatively, any owner-identified shopping cart which is not retrieved within three business days from the date the owner of the cart, or his or her agent, receives actual notice including, but not limited to, telephonic notice, from the city of the shopping cart’s discovery and location, may be impounded and stored in accordance with Section 22435.7 of The Code. Each such cart shall be tagged with the date and location of impoundment. Pursuant Section 22435.7(g) of The Code, written notice shall be mailed to the owner of any owner-identified shopping cart which is impounded pursuant to this section, which shall specify the date and time of such impoundment, the location where the cart may be retrieved, the cost of retrieval and that failure to retrieve such cart within thirty calendar days may results in the cart being disposed of as permitted by law.
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.
Section 132.07 Disposal
After the expiration of the thirty-day period specified in Section 132.06(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 132.06(b), the city may sell or otherwise dispose of any unclaimed owner-identified shopping cart as authorized by Section 22435.7(g) of The Code
Section 132.08 Tag Tampering prohibited
No person shall 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.
No person shall 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.
Section 132.11 Penalties
Pursuant to the provisions of Section 22435.7(f) of The Code, upon a fourth failure and upon each successive failure thereafter within any six consecutive month period by an owner of an owner identified shopping cart, to retrieve any such cart or carts for which notice of discovery thereof has been given by the city pursuant to this chapter, a civil penalty in the amount of fifty dollars shall be paid by such owner.
Upon a fourth failure and upon each successive failure thereafter within any six consecutive month period by an owner of an unidentified shopping cart, to retrieve any such cart or carts within the thirty-day period specified in Section 132.06(b), a civil penalty in the amount of fifty dollars shall be paid by such owner.
No more than one failure to retrieve may accrue for any given day as to any owner, regardless of the number of such owner’s carts retrieved on such day.
Any and all civil penalties authorized by this section shall be deemed to be imposed without prior notice being given by the City. The City Manager or designee shall maintain records of facts relevant to the imposition of any and civil penalties. Within ninety days, and at the City’s discretion and convenience, notice of assessment of a civil penalty or penalties shall be give to affected shopping cart owners by first call mail addressed to their respective retail establishments. Such notice shall set forth the date and circumstances surrounding the imposition of each civil penalty and shall further state that the amount of the penalty is payable within thirty days of the date of the notice. Thereafter, each civil penalty imposed shall be paid within such period unless, within ten calendar days of the date of such notice, the shopping cart owner files a written appeal with the City Council or its designee. Thereafter, a hearing will be scheduled and conducted within thirty calendar days at which time the owner or authorized representative may appear and be heard on this matter. If the City Council or designee determined that the City did not substantially comply with applicable provisions of this chapter, or finds that any civil penalty was otherwise not properly imposed, the owner shall not be required to pay such civil penalty. The decision of the City Council or designee shall be final.
In the event any civil penalty, not successfully appealed, remains unpaid after thirty days of the date of the notice thereof, such penalty shall constitute a civil debt of the shopping cart owner and may be collected as a contract debt by way of legal action or otherwise as permitted by law. Furthermore, such civil penalties may be added to any tagging and retrieval fees which may accrue to such shopping cart owner. In such instance, the entire amount of tagging and retrieval fees, plus accursed civil penalties shall be paid prior to any impounded shopping carts being released to such owner.
Section 132.12 Exemption for retail establishments utilizing cart retrieval services
Notwithstanding any other provision of this chapter, any retail establishment that has implemented a shopping cart retrieval program, consisting of either its own contract with a private company to pick up its cart (subject to performance standards set by the City Manager or his designee), or a loss prevention system that prohibits the removal of carts from a defined perimeter, either of which having been approved by the City Manager or his designee as of the day any of the owner’s carts is impounded, shall not be required to pay a tagging and retrieval fee, nor shall the same be subject to the accrual of any civil penalties pursuant to this chapter. The burden of establishing such exemption shall be upon the retail establishment.
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