Cart Ordinances

Baldwin Park, CA

Baldwin Park, CA
CHAPTER 98: UNATTENDED SHOPPING CARTS
Section 98.01: Businesses Providing Shopping Carts
a) Any business providing to its customers shopping carts as that term is defined in Section 98.02 of this Code shall permanently affix to the shopping cart a sign that identifies the owner of the shopping cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the shopping cart from the premises; notifies the public that the unauthorized removal of the shopping cart from the premises or parking area of the retail establishment, or the authorized possession of the shopping cart, is a violation of state law; and lists a valid telephone number or address for returning the shopping cart removed from the premises or parking area to the owner or retailer.
Section 98.03: Removal.
a) Removal of shopping carts with identification signs.
1) Any unattended shopping cart containing the sign required by Business and Professions Code Section 22435.1 which is located outside the premises or parking area of a retail establishment and within the public right-of-way may be removed by the city or its authorized agent at the owner's cost if, prior to the removal, the city provides to the owner or the owner's agent a minimum of three business days' actual notice of the shopping cart's discovery and location. Within 48 hours after said removal, the city shall again attempt to notify either the owner of the shopping cart or the owner's agent, either by telephone or in writing, that the city has removed the unattended shopping cart is then located. Any owner wishing to recover a shopping cart removed pursuant to this subsection may appear during normal business hours at the applicable location and, after paying the $50 fine authorized by Business and Professions Code Section 22435.7 sub. (f) (the “Fine”), if applicable, and the removal and storage fee established by City Council resolution, redeem the shopping cart. The fine shall only be required to be paid if the owner or the owner's agent fails to retrieve one or more shopping carts within the applicable three day period on three separate occasions within any six month period.
b) Removal of shopping carts within identification signs.
1) Any unattended shopping cart not containing the sign required by Business and Professions Code Section 22435.1 which is located outside the premises or parking area of a retail establishment and within the public right-of-way maybe immediately removed by the city or its authorized agent at the owner's cost. Within 48 hours of said removal, the city shall attempt to notify the owner (if the identity of the owner is known), either by telephone or in writing, that the city has removed the shopping cart from the public right-of-way and the address at which the shopping cart is then located. Any owner wishing to shopping cart removed pursuant to this subsection may appear during normal business hours within 30 days of the date of notice (or, if no notice is given because the identity of the owner is not known, within 30 days after removal) at the applicable location, and after paying the removal and storage fee established by City Council resolution, redeem the shopping cart.
c) Removal of shopping carts which impede emergency services.
1) Any unattended shopping cart located outside the premises or parking area of a retail establishment which impedes emergency services may be removed by the city or its authorized agent from public or private property at the owner's cost consistent with Section 22435.7(c). Within 48 hours of said removal, the city shall attempt to notify the owner (if the identity of the owner is known), either by telephone or in writing, that the city has removed the shopping cart from the public right-of-way and the address at which the shopping cart is then located. Any owner wishing to recover a shopping cart removed pursuant to this subsection may appear during normal business hours within 30 days of the date of notice (or, if no notice is given because the identity of the owner is not known, within 30 days after removal) at the applicable location, and after paying the removal and storage fee established by City Council resolution, redeem the shopping cart.
(Ord. 1120, passed 2-19-97)

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