CHAPTER 9 ABATEMENT OF SHOPPING CART NUISANCE
5900 DECLARATION OF PUBLIC NUISANCE AND 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 right-of-way are injurious to the public health, safety, and welfare and constitute a public nuisance (hereinafter " shopping carts nuisance"). The nuisance is caused by persons unlawfully removing shopping carts from the premises or parking areas of retail establishments and by certain retail establishments failing to maintain adequate supervision of their premises and parking areas, failing to educate their customers, and failing to implement effective cart removal prevention programs or cart retrieval programs. The purpose of this chapter is:
(a) To establish reasonable regulations for the collection and impound of unidentified shopping carts located on public property; and
(b) To supplement provisions of state law regarding the unauthorized removal of shopping carts from the premises and parking areas of retail establishments. (Ord. No. 1184, Sec. 2, 7-21-97)
[As used in this chapter, the following words and terms shall have the meaning ascribed thereto:]
"Authorized contractor" means a private service provider selected by the City Council, as described in Section 5902.
"City" means the City of Tustin or its designated representatives, as described in Section 5902.
"Person" means an individual or entity as defined in Tustin City Code Section 1112.
"Public property" means all real property in the City in which a public agency has a fee simple, easement, or leasehold interest. This includes but is not limited to, streets, sidewalks, the civic center, parks and flood control facilities.
"Owner identified shopping carts" means a shopping carts that has a permanently affixed sign that identifies, in accordance with Business and Professions Code 22435.1, the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the owner's premises; notifies the public that the unauthorized removal of the cart from the cart owner's premises or cart owner's parking area or the unauthorized possession of the cart, is a violation of state law; and lists a valid telephone number or address for returning the cart to the owner or retailer.
"Retail establishment" means any trade establishment selling articles, commodity or any line of merchandise.
"Shopping carts " means a basket that is mounted on wheels or a similar device generally used in retail establishment by a customer for the purpose of transporting goods of any kind.
"Unidentified shopping carts" means a shopping cart that is not an owner identified cart, or an owner identified shopping carts of a retail establishment located outside the City. (Ord. No. 1184, Sec. 2, 7-21-97)
5902 SHOPPING CART NUISANCE ABATEMENT AUTHORITY
Sections 5903 through 5908 of this chapter may be implemented and enforced by designated representatives of the Community Development Department, Public Works Department, or Police Department as designated by their respective department heads in writing, or by private service providers authorized by the City Council. Such designated representatives or authorized private service provider may enter onto any public property to tag, remove, and store any unidentified shopping carts or part thereof. (Ord. No. 1184, Sec. 2, 7-21-97)
5903 REMOVAL OF UNIDENTIFIED 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 stored for thirty (30) calendar days at a location selected by City. A claim for a cart shall be presented to the Director of Community Development or designee, and shall be accompanied by proof of ownership of the cart. A person demonstrating proof of ownership of a cart stored by City shall pay City's nuisance abatement fee prior to the cart being released by City.
(b) This section shall not apply to a cart attended by a person who can demonstrate proof, satisfactory, to the City or its authorized contractor of ownership of the shopping carts or written permission of the owner to have the cart in their possession. (Ord. No. 1184, Sec. 2, 7-21-97)
After the period specified in Section 5903, the City, or its authorized contractor, may sell an unclaimed unidentified shopping carts at public auction or otherwise dispose of the cart. (Ord. No. 1184, Sec. 2, 7-21-97)
5905 NUISANCE ABATEMENT FEE
An administrative fee to cover the City's costs for the tagging, removal, and storage of unidentified shopping carts and associated administrative activities performed by the City shall be established by resolution of the City Council. Such fee shall not exceed the City's reasonable estimate of actual costs for such services. From time to time, the Director of Community Development or designee shall review the fee as appropriate and recommend any necessary adjustments to the City Council. (Ord. No. 1184, Sec. 2, 7-21-97)
5906 PROHIBITED ACTIVITIES
(a) No person shall remove any tag affixed by the City or its authorized contractor to an unidentified shopping cart with the intent of interfering with the enforcement of the provisions of Section 5903.
(b) 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 an unidentified shopping cart in accordance with Section 5903. (Ord. No. 1184, Sec. 2, 7-21-97)
5907 APPEALS OF CART IMPOUND
A person who can demonstrate that he or she is a cart owner may appeal the imposition of the nuisance abatement fee by presenting evidence that the cart removal and storage was not performed substantially in accordance with the provisions of Section 5903. Appeals shall be made in writing to the Director of Community Development or designee within ten (10) calendar days of paying the fee. An office hearing will be held within thirty (30) calendar days of the receipt of such appeal request. The cart owner or authorized representative may appear and be heard on the matter. If the Director of Community Development or designee determines that the shopping carts was not removed and stored in substantial accordance with the provisions of Section 5903, the nuisance abatement fee shall be refunded. The decision of the Community Development Director or designee shall be final. (Ord. No. 1184, Sec. 2, 7-21-97)
5908 UNAUTHORIZED REMOVAL OR POSSESSION OF SHOPPING CARTS
It is unlawful to do any of the following acts:
(a) Remove a shopping cart from the premises or parking area of a retail establishment.
(b) Be in possession of a shopping cart that has been removed from the premises or the parking area of a retail establishment.
(c) Leave or abandon a shopping cart on public or private property and at a location other than the premises or parking area of the retail establishment.
This section shall not apply to a person who can demonstrate proof, satisfactory, to the arresting officer, of ownership of the shopping cartsor written permission of the owner to have the cart in their possession. (Ord. No. 1184, Sec. 2, 7-21-97)
5909 PENALTIES/REMEDIES NOT EXCLUSIVE
Any person who violates Section 5906 or 5908 may be charged with an infraction or misdemeanor, as provided in Section 1121. Such a remedy is not exclusive, and the City may pursue other remedies available to it under State law or local ordinance. (Ord. No. 1184, Sec. 2, 7-21-97)
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