ORDINANCE NO.: 818
Section 9.70.050: Unauthorized removal or possession – Prohibited.
a) It is unlawful for any person to do any of the following acts:
1) To remove or cause to be removed any cart from a business establishment or a parking facility without the prior written consent of the owner.
2) To possess any cart that has been removed from a parking facility without the prior written consent of the owner.
3) To alter, convert, or tamper with any cart, or remove any part or portion thereof, or to remove, obliterate, or alter any identification, including but not limited to any serial numbers, or to possess any cart that has been altered, converted, or tampered with or whose identification has been removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart without the prior writtern consent of the owner.
4) To abandon or leave any cart, which has been removed from a business establishment or a parking facility, upon any public property pr upon any private property that is not the premises of the business establishment or the parking facility.
Section 9.70.060: Identification on carts-Required.
a) Each owner shall cause signs to be permanently affixed to its carts and said signs shall include all of the following information:
1) Identification of the owner or the business furnishing the cart, or both.
2) The procedure required for authorized removal of the cart from the parking facility.
3) Notification that the unauthorized removal of the cart from the parking facility, or unauthorized possession of the cart, is a violation of the law.
4) A valid telephone number or address for returning to the owner the cart removed from the business establishment or the parking facility.
Section 9.70.070: Annual Cart Retrieval Program – Required.
a) Each owner shall prepare a written annual cart retrieval program and submit said program to the director not later than 60 days prior to the owner’s or business establishment’s original application or renewal application for its business license as required under Title 5 of this Code. The director shall review the proposed program and approve or deny the proposed program within 30 days of its receipt. If the proposed program is approved, owner shall implement the approved program within 30 days from the date of approval. In lieu of approving or denying a proposed program, if the proposed program is incomplete, the director may notify owner writing to revise the proposed program and resubmit it within 15 days of director’s notice. The director may deny a proposed program based upon one or more of the following grounds:
1) Implementation of the program would violate one or more provisions of this code or of any county, state, or federal law or regulation.
2) The proposed program fails to include all of the information required by this chapter.
3) The proposed program is insufficient or inadequate to prevent removal of carts from the business establishment or the parking facility.
4) The proposed program fails to address any special or unique conditions to the geographical location of the business establishment or the parking facility as such conditions relate to cart removal prevention.
5) Implementation of the proposed program would violate a term or condition of any agreement between the city or Redevelopment Agency of the City of Duarte on the one hand, and the business establishment or owner of the parking facility o owner of the carts, on the other hand.
b) The director’s denial of the proposed program shall be the final administrative decision unless such denial is appealed to the city manager in writing within five (5) business days. The city manager shall review the director’s decision and render a decision which shall be the final administrative decision.
c) An owner who fails to submit a program, or whose program is denied, or whose program is approved but who then does not comply with the terms of the approved program, shall be subject to enforcement of these requirements as set forth in section 9.70.140.
d) After the director’s approval of a program, the owner may request a modification of a previously approved program to address a change in circumstances or a need to modify an ineffective program.
e) The city council, by resolution, may establish a fee to be charged to the owner for the cost of the director’s review of the proposed program, which fee shall be paid by the owner with the submittal of the proposed program. No proposed program shall be reviewed until the fee is paid.
Section 9.70.080: Removal from parking facilities – Posting of notice.
a) All business establishments furnishing a cart shall post a sign not less than 18 inches in width and 24 inches in height with block lettering not less than a half-inch in width and two inches in height in a conspicuous place within ten feet of all customer entrances and exits stating, in substantial form, the following: REMOVAL OF SHOPPING CARTS (or laundry cart, if applicable) FROM THE PARKING FACILITIES WITHOUT WRITTEN CONSENT OF THE MANAGER IS PROHIBITED BY LAW.
Duarte Municipal Code Section 9.70.050
Section 9.70.090: Right of Entry.
a) For purpose of enforcing this chapter, the director may enter public or private property as allowed by law, or with the consent of the property owner, or by warrant, to examine a cart or to cause the removal of such cart if authorized pursuant to the chapter.
Section 9.70.100: Abandoned carts-Abatement and storage.
a) The director shall have the authority to remove any abandoned cart on public or private property, other than from the property of the owner, under the following conditions:
1) If the abandoned cart is affixed with the identification required under section 9.70.060, removal may occur three business days after the director gives the owner actual notice of the cart’s discovery and location. An owner is deemed to have actual notice three days after the deposit of written notice in the United States mail, posted first-class to the address indicated on the cart or the owner’s last known address. If actual notice is provided by telephone, the director shall maintain a record of the time, date, and name of the person notified.
2) If the abandoned cart is affixed with the identification required under section 9.70.060, but other information on the cart provides sufficient information as to the identification of the owner, removal may occur either after the director notifies the owner by telephone of the cart’s discovery and location and grants a reasonable period of time, not to exceed 24 hours, for the owner to retrieve such cart or immediately after reasonable efforts by the director to notify the owner by telephone have failed. The director shall maintain a record of the time, date, and name of the person notified or attempted to be notified. If the owner cannot be determined from information on the cart, the cart shall be deemed an “unidentified cart” pursuant to section 9.70.110.
b) Any abandoned cart removed from public or private property by the director shall be stores for 30 days at the department of public works in the city, or at a location designated by the director, which is reasonable convenient to the owner and open for business at least six hours of each business day.
c) Any abandoned cart removed from public or private property and stored pursuant to this section shall be released to the lawful owner if claimed within 30 days after such removal and upon payment of a redemption fee. The redemption fee for the removal and storage of any abandoned cart under this section shall be established by city council resolution and shall cover the actual costs of removal, storage, and related administrative procedures. The schedule for such fees shall remain on file and be available in the office of the director and the office of the city clerk.
d) In addition to any redemption fee for which owner is liable, owner shall also be liable for a fine in an amount established by resolution of the city council for each occurrence in excess of three during any six-month period for failure to retrieve a cart in accordance with Section 9.70.110.A.4. As used herein, an “occurrence” includes all of the owner’s carts imponded in accordance with this chapter in a one-day period.
Section 9.70.110: Immediate impoundment.
a) Notwithstanding section 9.70.100.A, the city may impound an abandoned cart that otherwise meets the criteria set forth in section 9.70.100.A without complying with the three business day advance notice requirement provided that each of the following is met:
1) The owner of the abandoned cart is provided actual notice within 24 hours following the impound and that notice informs the owner as to the location where the cart may be claimed.
2) Any cart so impounded shall be held at a location in compliance with 9.70.100.B.
3) Any cart reclaimed by the owner within three business days following the date of actual notice as provided pursuant to this section shall be released and surrendered to the owner at no charge whatsoever, including the waiver of any redemption fees that would otherwise be applicable pursuant to section 9.70.100.C.
4) Any cart not reclaimed by the owner within three business days following the date of actual notice as provided pursuant to this section, shall be released and surrendered to the owner at no charge whatsoever, including the waiver of any redemption fees that would otherwise be applicable pursuant to section 9.70.100.C.
b) Any cart not reclaimed by the owner within 30 days of receipt following the date of actual notice as provided pursuant to this section, may be sold or disposed of in accordance with section 9.70.130.
c) The city manager may, in accordance with the applicable city policies, cause the city to enter into a contract with a business or individual to retrieve abandoned carts and such business or individual shall comply with the provisions of this chapter and applicable state law including, but not limited to, Business and Professions Code Section 22435.10 et seq.
Section 9.70.120: Notice of violation-Unidentified carts.
a) Within ten days of the removal of an abandoned cart pursuant to this chapter, the director shall provide notice to any known owner of the cart by first-class mail at the address indicated on the cart or the owner’s last known address. The notice shall include the following information: (1) date and location of removal of the cart from public or private property; (2) procedure for recovering such cart; and (3) last possible date such cart may be recovered. If the owner is unknown and not clearly identified on the cart, the cart shall be designated “unidentified.” The director, for each unidentified cart, shall maintain a record containing the information above and a brief description of the cart.
Section 9.70.130 Unclaimed carts-Disposal.
a) Thirty days after notice is given to the owner, or after the cart is designated “unidentified” pursuant to section 9.70.120, any abandoned cart not claimed may be sold at public auction or otherwise disposed of. Any proceeds derived from such auction or disposal shall be used to pay the costs of removal, storage, and related administrative procedures. Surplus proceeds derived from such auction or disposal shall be deposited in the general fund of the city.
Section 9.70.140 Enforcement.
a) Every owner who violates any provision of such owner’s approved cart retrieval program, and every person which violates any provision of this chapter, shall be subject to enforcement procedures for each violation by any lawful means available to the city, including but not limited to, those set forth in California Business and Professions Code Sections 22435.2 and 22435.5, and chapters 1.04, 1.08, and 9.32 of this code.
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