Cart Ordinances

Carpinteria, CA

Carpinteria, CA
CHAPTER 9.24: SHOPPING CARTS
Section 9.24.030: Unlawful acts.
a) It is unlawful for any person to do any of the following acts, if a shopping cart has a permanently affixed sign as provided in Section 9.24.070:
1) To 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) To 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) To 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) To 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) To alter, convert or tamper with a shopping cart, or to 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;
6) To 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.
(Ord. 523 § 1 (part), 1996)
Section 9.24.040: Administration, enforcement and penalties for violation.
a) Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the city manager or his/her authorized representative. In the enforcement of this chapter, the city manager or his/her authorized representative may enter onto public or private property to examine a shopping cart or parts thereof, or to obtain information as to the identity of a shopping cart and to remove, or cause the removal of, a shopping cart, or parts thereof, declared to be a nuisance pursuant to this chapter. Any person who violates any of the provisions of Section 9.24.030 is guilty of a misdemeanor. For first offenses, the city manager or his/her authorized representative shall prepare, in triplicate, and the violator may sign, a written notice containing the violator’s promise to purchase a city-approved, hand held shopping cart, and to deliver proof of such purchase to the city within one week of the date of the notice. Upon the city’s receipt of proof of purchase within such time period, the citation shall be voided. This procedure shall not be applicable where the violator has received a prior notice under this section or where the city manager or his/her authorized representative finds any of the following: (i) evidence of fraud or persistent neglect; (ii) the violation presents an immediate safety hazard; or (iii) the violator does not agree to purchase a city-approved, hand held shopping cart within one week. In all such instances, the city attorney may authorize issuance of infraction citations for such violations pursuant to Section 1.08.010 of this code. The provisions of this section are not intended to preclude the application of any other laws relating to prosecution for theft.
(Ord. 523 § 1 (part), 1996)
Section 9.24.050 Shopping cart retrieval, removal and abatement.
a) Upon city’s recovering any shopping cart from any person in violation of Section 9.24.030 or discovering the existence of a wrecked, dismantled or abandoned shopping cart, or parts thereof, anywhere within the city, off the premises or parking area of a retail establishment where such carts are available for use by customers, the city manager or his/her authorized representative shall have the authority to remove, retrieve, handle, possess, store and dispose of any such shopping cart in accordance with the procedure described in this chapter.
(Ord. 523 § 1 (part), 1996)
Section 9.24.060 Assessments for shopping cart removal--Hearings.
a) Upon coming into possession of any shopping cart pursuant to the provisions of this chapter, the city manager or his/her authorized representative shall notify the owner thereof (if the same can be ascertained) by mailing a notice to the last known address of the owner. Such notice shall state the date and circumstances under which the shopping cart was recovered by the city, the location, and procedure for retrieval of the shopping cart, and a statement that, in order to receive a hearing with regard to the circumstances under which the city came into possession of the shopping cart, the owner or its agent shall submit a request for such hearing either in person or in writing within ten days of the date appearing on the notice. Any such shopping cart recovered and stored pursuant to these provisions shall be released to the owner thereof if claimed within thirty days after the date of notice advising of such recovery and upon the payment of reasonable administrative fees. Such administrative fees shall be waived if, after a hearing has been requested, a determination is made at such hearing that upon a finding of good cause the administrative fees shall be waived.
b) The administrative fees for the removal, handling and storage of the shopping cart shall be established or modified by resolution of the city council and shall include the actual cost of removal, handling and storage of any shopping cart, or parts thereof, plus the proportionate share of administrative costs in connection therewith.
c) Any hearing which is requested shall be conducted within five days of the receipt of the request for such hearing, excluding weekends and holidays, by the city manager, or his/her designate, who should be designated as the hearing officer. The failure of either the owner or its agent to request a hearing shall satisfy the hearing requirement. If it is determined at a hearing that reasonable grounds for city’s recovery and possession of a shopping cart are not established, no fee for removal, handling and storage of said shopping cart shall be imposed. At the close of the hearing, the hearing officer shall determine whether good cause was shown for the city’s recovery and possession of the shopping cart. The decision of the hearing officer shall be deemed the final administrative determination. If good cause is shown for the recovery and possession of the shopping cart, the owner or its agent shall have fifteen days from the date of the hearing to retrieve its shopping cart upon payment of the administrative fee. If good cause is not shown for the recovery and possession of the shopping cart, the administrative fee shall be waived and the owner or its agent shall have fifteen days to retrieve its shopping cart from the public works yard.
d) Any shopping carts which are not retrieved by the owner of such shopping carts within thirty days after the mailing of written notice, of city’s recovery and possession when such owner has not requested a hearing in accordance with this section, or within thirty days of storage of the cart by the city in all other cases, shall be deemed to be permanently abandoned and may be sold at public auction or otherwise disposed of at the end of thirty days following such notice.
e) At such time as shall be convenient to the city, the city shall advertise for the sale of permanently abandoned (as provided in subsection D) shopping carts. Notice of such sale shall be posted in three conspicuous places located within the city. Ten days after the posting of such notice and at the time and place fixed in the notice for said sale (or at such times and places as the sale shall be reasonably continued) such shopping cart may be sold along with other shopping carts, and delivered to the highest bidder free and clear of the claims of the owner thereof.
f) The proceeds of such sale shall be disbursed in the following manner: first, pay the cost of removal, handling, storage and sale of the shopping cart, as specified in subsection B; and, second, the balance remaining shall be paid to the owner, if any can be ascertained from any name, address or telephone number affixed to the shopping cart or, if not, the balance shall be deposited in the city’s general fund.
(Ord. 523 § 1 (part), 1996)
Section 9.24.070 Applicability of provision making certain acts unlawful--Requirements for identification and notice.
a) The owner of every premises or retail establishment where shopping carts are made available for use by customers shall permanently affix to each cart a sign which includes all of the following:
1) Identification of the owner of the shopping cart owner or the retailer, or both;
2) Notification of the procedure to be utilized for authorized removal of the cart from the premises or retail establishment;
3) Notification that the unauthorized removal of the shopping cart from the premises or parking area of the retail establishment, or the unauthorized possession of the shopping cart, is a violation of law; and
4) A telephone number or address for returning the shopping cart removed from the premises or parking area to the owner or retailer.
5) Any such shopping cart recovered and stored pursuant to these provisions shall be released to the owner thereof if claimed within thirty days after the date of notice advising of such recovery and upon the payment of reasonable administrative fees.
(Ord. 523 § 1 (part), 1996)
Section 9.24.090 Abandonment prohibited.
a) No person shall abandon or leave any shopping cart which has been removed from the premises or parking area of a retail establishment with the owner’s consent upon any public street, alley, sidewalk, parkway or other public place, or upon any private property, other than the premises or parking area of the retail establishment which owns the shopping cart.
(Ord. 523 § 1 (part), 1996)

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