Cart Ordinances

Downey, CA

Downey, CA
Section 4133: Shopping Carts: Removal from Premises.
a) Except for the owner of a business or the owner’s agent, no person shall do any of the following:
1) Remove any shopping cart, shopping basket or other similar device (collectively “shopping cart”) from the business premises, including the parking area of any business establishment, if such shopping cart has affixed to it a sign identifying it as belonging to such business establishment and a notification to the effect that such shopping cart is not to be removed from the owner’s premises;
2) Have in his or her possession any shopping cart, which has been removed from the owner’s premises and which has affixed to it a sign identifying it as belonging to a business establishment and a notification to the effect that such shopping cart is not to be removed from the owner’s premises;
3) Use any shopping cart other than on the premises of the business for purposes of collecting and transporting items sold by the business; or
4) Alter, convert, or tamper with, or remove any part from, any shopping cart which has affixed to it a sign identifying it as belonging to a business.
b) No person shall abandon or leave any shopping cart upon any public street, alley, sidewalk, parkway, or other public place nor upon any private property except that of the owner of such shopping cart.
c) Each business establishment using shopping carts for its business shall:
1) Place at each of its exits a sign notifying its customers and the general public of the prohibitions set forth in this section. Such notification shall be placed in such a position and be of sufficient size and legibility so as to insure that persons leaving such places of business shall be fully informed of the prohibitory provisions set forth in this section. The minimum size of the sign shall be twenty-four (24”) inches in height and thirty-six (36”) inches in length. The lettering on such notice shall be a minimum of two (2”) inches in height.
2) Attach to each shopping cart which the owner supplies for use by the owner’s customers a sign which contains the following information:
Property of (Name of Owner/Store)
It is illegal to remove this cart from premises pursuant to the Downey Municipal Code, Section 4133. Violators will be prosecuted.
d) Any person violating any of the provisions of this section or failing to comply with any of the mandatory requirements of this section shall be guilty of a misdemeanor, but any person convicted of a misdemeanor under the provisions of this section shall be punishable by a fine of not more than fifty and no/100ths dollars ($50.00).
(Added by Ord. 349, adopted 8-27-68; amended by Ord. 987, adopted 11-22-94)
Section 4133.1: Shopping Carts: Pickup and Impounding and Disposal by City.
a) Any shopping cart, shopping basket, or other similar device (collectively shopping cart) which is abandoned or left upon any public street, alley, sidewalk or other public property is hereby declared to be a nuisance and shall be subject to abatement in the manner set forth in this section.
1) Any shopping cart so abandoned or left may be picked up by the city or its duly authorized officer, agent, or employee and impounded at a location designated for that purpose by the city.
2) Written notice that such shopping cart(s) has/have been impounded by the city shall be given to the owner identified by the sign located on the shopping cart. Such notice shall indicate that:
I) The shopping cart(s) may be retrieved by the owner by contacting the city and upon the payment of the fees and charges set by the city from time to time as set forth in Subsection (c) of this section;
II) Person seeking to retrieve any shopping cart(s) shall provide evidence of authority to act for the owner;
III) The owner has the right to a hearing to determine whether reasonable grounds existed for the abatement and removal of the shopping cart(s). Such hearing must be requested in writing within ten (10) days of the date of the notice.
3) There shall be an impound fee plus a daily storage charge for each twenty-four (24) hour period or portion thereof that a shopping cart is impounded. Such fees shall be fixed by resolution of the City Council and shall include the actual cost of removal and storage of any shopping cart(s), or parts thereof, plus the proportionate share of administrative costs in connection with the removal, storage and providing notice to the owner of the shopping cart(s). The Director of Public Works shall review the fees charged for such service annually and shall, with the approval of the City Manager, recommend changes to the City Council when the costs for such services make that appropriate.
4) If, within twenty (20) days from the date of the notice provided for in Subsection (b) of this section, the owner of such shopping cart(s) has not claimed the shopping cart and paid the fees and charges prescribed for the impounding and storage of such shopping cart(s) or has not requested a hearing in accordance with Subsection 4133.2, such shopping cart(s) may be disposed of by the city as follows:
I) To the highest bidder as determined pursuant to bids submitted to the city in accordance with the procedures established by the city for receiving such bids; or
II) If no bid has been received for the purchase of such shopping cart(s), then any shopping cart(s) which has/have not been claimed within the time prescribed in this section may be disposed of by the city in such manner as the city may deem advisable.
5) At the time of the sale, shopping cart(s) shall be sold to the highest bidder, but the city shall have the right to refuse any bid for less than the minimum sales price, which is defined as the fees and charges which have accrued for the shopping cart(s). In the event the sales price of any such shopping cart(s) exceeds the/their minimum sales price, the excess over and above the minimum sales price shall be paid to the business establishment whose sign was affixed to such shopping cart(s) at the time of impoundment if a claim therefor is made by the owner within ten (10) days from the date of the sale. Otherwise, such excess shall be paid into the general fund of the city.
6) Each such sale made by the city shall be made without any express or implied warranty, guarantee or representation as to title, mechanical condition, quality or fitness for any purpose or use.
(Added by Ord. 357, adopted 1-28-69; amended by Ord. 427, adopted 11-28-72; amended by Ord. 987, adopted 11-22-94)
Section 4133.2: Hearing Regarding Abatement and Removal of Shopping Carts
a) The owner of any shopping cart(s), shopping basket(s) or other similar device(s) (collectively shopping carts) impounded by the city has the right to a hearing to determine whether reasonable grounds existed for the abatement and removal of the shopping cart(s). If the owner wishes to request a hearing on whether reasonable grounds existed for the abatement and removal of the shopping cart(s), the owner or the owner’s agent must request a hearing in writing within ten (10) days of the date of the notice from the city regarding the impounding of the shopping cart(s). The failure of either the owner or the owner’s agent to request a hearing shall be deemed a waiver of the owner’s right to a hearing.
b) Any hearing which is properly requested shall be conducted within five (5) business days of the receipt of the request for such hearing, unless both parties agree to an extension of time for the hearing. The City Manager of their designee shall act as the hearing officer. The hearing officer shall hear all facts and testimony he/she deems pertinent. The hearing officer shall not be limited by the technical rules of evidence. At the close of the hearing, the hearing officer shall determine whether good cause was shown for the abatement and removal of the shopping cart(s). The decision of the hearing officer shall be deemed the final administrative determination.
c) If good cause is shown for the abatement and removal of the shopping cart(s), the owner or the owner’s agent shall have fifteen (15) days from the date of the hearing to pay the appropriate fees and charges and retrieve the shopping cart. If good cause is not shown for the abatement and removal of the shopping cart(s) from public property, the fees and charges shall be waived and the owner or the owner’s agent shall have fifteen (15) days to retrieve the shopping cart(s) from the city.
(Added by Ord. 968, adopted 10-26-93, amended by Ord. 987, adopted 11-22-94)

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