CHAPTER 6.36. - SHOPPING CARTS
Sec. 6.36.010. - Purpose. Added
The purpose of this chapter is to prevent the deterioration of community appearance brought about by shopping carts that are taken off site from their associated retail establishment and left unattended. The ordinance codified in this chapter shall be known and may be cited as the City of Barstow "Shopping Cart Ordinance."
Sec. 6.36.030. - Impound of shopping carts affixed with identification sign. Added The director may impound any shopping cart that has an identification sign permanently affixed to it, provided both of the following conditions have been satisfied:
(1) The shopping cart is located outside of the premises or parking area of a retail establishment.
(2) The shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his agent, receives actual notice from the director of the shopping cart's discovery and location.
Sec. 6.36.040. - Impound of shopping carts not affixed with identification sign. Added
The director may impound any shopping cart not having an identification sign permanently affixed to it, provided that both of the following conditions have been satisfied:
(1) The shopping cart is located outside the premises or parking area of a retail establishment
(2) The owner of the property on which the shopping cart is located consents to the removal of the cart.
Sec. 6.36.050. - Emergency impound of shopping carts. Added
Notwithstanding any provision of this chapter, the director may immediately impound any shopping cart that is located in such manner as to impede emergency services.
Sec. 6.36.060. - Impound location. Added
Shopping carts impounded by the director shall be held at a location that is both:
(1) Reasonably convenient to the owner of the shopping cart, if the owner can be ascertained; and
(2) Open for business at least six hours of each business day.
Sec. 6.36.070. - Notice of impound. Added
(a) The director shall provide notice of each impounded shopping cart as follows:
(1) If the shopping cart contains a permanently affixed identification sign, notice of violation shall be given to the owner listed on such sign.
(2) Otherwise, notice shall be given to the entity or person, if any, that the director has reason to believe is the owner of the shopping cart.
(b) Nothing in this section shall require the director to take any affirmative step to ascertain the owner of a shopping cart that does not contain a permanently affixed identification sign.
Sec. 6.36.080. - Disposal of impounded shopping carts. Added
The director may sell or otherwise dispose of any impounded shopping cart that has not been reclaimed within 30 days of receipt of notice provided pursuant to section 6.36.070. The director may sell or otherwise dispose of any impounded shopping cart that has not been reclaimed within 24 hours of impound if notice has not been provided pursuant to section 6.36.070.
Sec. 6.36.090. - Impound fee. Added
No impounded shopping cart shall be released until the owner thereof pays an impound fee in an amount established by resolution of the city council. Such fee shall not exceed the actual costs to the city of operating the shopping cart impound program.
Sec. 6.36.100. - Repeat violator fine. Added
For each occurrence in excess of three during any six-month period, the owner of any impounded shopping cart shall pay the city a repeat violator fine in an amount established by resolution of the city council. For purpose of this provision, an occurrence includes all shopping carts impounded in accordance with this chapter in a one-day period. The amount of such fine shall not exceed $50.00 for each occurrence.
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