Section 4-16.103: Enforcement Authority.
a) The City Manager and Directors and their designees, including designated code enforcement officers shall have the authority and powers necessary to determine whether a violation of this chapter exists and to take appropriate action to gain compliance with the provisions of this chapter and applicable State codes. These powers include the authority to impound the shopping carts, issue administrative citations, inspect public and private property, impose civil penalties for any violation of this chapter or pursue criminal actions. (Ord. 3486-C.S., § 1, effective 6-5-08)
Section 4-16.104: Rules and Regulations, Enforcement.
a) The provisions of this chapter shall be administered and enforced by the City Manager and Directors, and their designees. The City Manager is hereby authorized and directed to promulgate and implement rules, regulations and procedures necessary or appropriate for enforcement of this chapter, which rules are to be approved by resolution of the City Council. The City Manager shall designate, maintain and advertise a public “hotline” for the intake of information concerning abandoned shopping carts.
b) At the end of each business day, the City shall fax a list of reported abandoned carts to the appropriate cart retrieval service, as registered with the City, as well as to the businesses from which the carts originated, if requested.
c) Whenever possible, all City field employees are to report the location of abandoned shopping carts as they find them.
d) In addition to the provisions and requirements of this chapter, the City Council may, from time to time, by resolution, establish additional rules and regulations concerning programs, practices and regulations pertaining to shopping cart storage and retrieval.
e) In addition to inspection authority set forth in Section 1-6.104, the Director is hereby authorized to enter into, on or upon any public property to examine a shopping cart or parts thereof, or to obtain information as to the identity of the owner of any shopping cart, or to retrieve shopping carts in accordance with the provisions of this part. As used herein, “public property” includes the outdoor common area of any building, business premises, apartment building or complex, or other premises or portion thereof which is adjacent to public property, open to the public, and which contains a shopping cart or shopping carts visible at street or ground level from the adjacent public property. (Ord. 3486-C.S., § 1, effective 6-5-08)
Section 4-16.201: Shopping Cart Sign Requirements.
a) Every shopping cart owned or provided by a business establishment in the City of Modesto must have a sign permanently affixed to the cart that contains all of the following information:
1) The name of the business establishment that owns the cart;
2) The procedure to be used for authorized removal of a shopping cart from the establishment’s premises, including, but not limited to, cart rental and obtaining owner consent for removal;
3) A statement that the unauthorized removal of a shopping cart from the premises is a misdemeanor and a violation of State law;
4) Lists a valid telephone number or address for returning the shopping cart removed from the premises or parking area to the owner or retailer, and the City “hotline” telephone number.
There shall be posted by the owner, prominently and conspicuously, at all public entrances and exits to the business, a notice in substantially the following form:
I) REMOVAL OF SHOPPING CHARTS IS PROHIBITED BY LAW AND SHALL SUBJECT THE VIOLATOR TO A MINIMUM FINE OF $100.00.
b) It is unlawful and a public nuisance to provide or offer to customers any shopping cart that does not have such information permanently affixed to it. (Ord. 3486-C.S., § 1, effective 6-5-08)
Section 4-16.202: Administrative Penalties.
a) In addition to any other remedies set forth in this chapter, administrative penalties may be imposed against any person, as defined in Section 1-6.207 of this Code, for violating any of the requirements set forth in this chapter.
b) Administrative penalties for the violations of this section shall be assessed as follows:
1) One hundred dollars ($100.00) for the first violation;
2) Two hundred fifty dollars ($250.00) for a second violation within a twelve (12) month period; and
3) Five hundred dollars ($500.00) for any subsequent violation within a twelve (12) month period. (Ord. 3486-C.S., § 1, effective 6-5-08)
Section 4-16.203: Prohibition.
a) It is unlawful for any person, either temporarily or permanently, to do any of the following acts, if a shopping cart has been properly marked in conformity with this chapter:
1) Remove a cart from the premises of the owner of such cart, or to be in possession of a cart that has been removed from the premises of the owner of such shopping cart, without the written consent of the owner.
This section shall not apply to carts removed from the premises, with the consent of the owner, for the purposes of repair, maintenance or disposal.
2) 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.
3) 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.
b) It is unlawful and an infraction for any person, either temporarily or permanently to do any of the following acts, if a shopping cart has been properly marked in conformity with this chapter.
1) To cause or permit any cart to be abandoned on or upon any sidewalk, street or other public area, or upon any private property, other than the premises of the owner of such cart.
2) To be in possession of any shopping cart while that cart is not located on the premises or parking lot of a business establishment, without the written consent of the owner. (Ord. 3486-C.S., § 1, effective 6-5-08)
Section 4-16.301: Authority to Impound.
a) The City of Modesto may impound a shopping cart when the following conditions exist:
1) The shopping cart is located on a public right-of-way;
2) In instances where the location of a shopping cart will impede emergency services, the City is authorized to immediately retrieve the shopping cart from public or private property; and
3) Except as provided in Section 4-16.302, the shopping cart is not retrieved within three (3) business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the City of the shopping cart’s discovery and location on private property; and
I) The shopping cart is located outside the premises or parking area of a business establishment. The parking area of a business establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center; and
II) The shopping cart has a sign affixed to it as required by Section 4-16.201 of this Code.
b) Any shopping cart that is impounded by the City pursuant to Section 4-16.301 shall be held at a location that is both:
1) Reasonably convenient to the owner of the shopping cart; and
2) Open for business at least six (6) hours of each business day.
c) Any shopping cart not reclaimed from the City within thirty (30) days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the City.
d) In addition to any other remedy available by law, the City may impose an administrative penalty on the owner of a shopping cart in an amount not to exceed fifty dollars ($50.00) for each occurrence in excess of three (3) during a specified six (6) month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one (1) day period.
e) The City is authorized to recover actual costs incurred for impounding a shopping cart under the authority provided in subsections (a) and (b) above. (Ord. 3486-C.S., § 1, effective 6-5-08)
Section 4-16.302: Requirements; Impound Fee After Three (3) Days.
a) Notwithstanding Section 4-16.301(a)(3), the City may impound a shopping cart that otherwise meets the criteria set forth in Sections 4-16.301(a)(1) and/or, 4-16.301(a)(2) without complying with the three (3) day advance notice requirement provided that:
1) The owner of the shopping cart, or his or her agent, is provided actual notice within twenty-four (24) hours following the impound and that the notice informs the owner, or his or her agent, as to the location where the shopping cart may be claimed.
2) Any shopping cart so impounded shall be held at a location in compliance with Section 4-16.301.
3) Any shopping cart reclaimed by the owner, or his or her agent, within three (3) business days following the date of actual notice shall be released and surrendered to the owner or agent without charge. Thereafter, if a cart is not retrieved within three (3) business days of notification by the City then an impound fee as established by the City Council, shall be imposed. Any cart reclaimed within the three 3) business day period shall not be deemed an occurrence for purposes of Sections 4-16.401 and 4-16.301(d).
4) Any shopping cart not reclaimed by the owner, or his or her agent, within three (3) business days following the date of actual notice shall be, in addition to payment of an impound fee, required to pay a storage fee commencing on the fourth business day following the date of the notice, as established by the City Council.
5) Any shopping cart not reclaimed by the owner, or his or her agent, within thirty (30) days of receipt following the date of actual notice may be sold or disposed of as provided for in Section 4-16.301(c). The proceeds shall be applied against the impound and storage fees due. In the event there are excess proceeds, the City shall refund the amount to the owner. If the proceeds are not sufficient to cover the costs, the City shall bill the owner for the remainder. (Ord. 3486-C.S., § 1, effective 6-5-08)
Section 4-16.303: Repeat Offenders; Imposition of Additional Measures to Prevent Cart Removal.
a) Specific physical measures may be required by the City to prevent cart removal from the business premises if the business has had more than three (3) carts impounded in any six (6) month period. These measures may include, but are not limited to: ordering the business to immediately install disabling devices on all of their shopping carts, requiring the posting of a security guard to deter and stop customers who attempt to remove carts from the premises, installation of bollards, chains or similar devices around the premises to prevent cart removal, requiring a security deposit of customers for the use of all carts, or requiring that the business provide for the rental or sale of carts that can be temporarily or permanently used by customers for transport of purchases to a location outside the premises. (Ord. 3486-C.S., § 1, effective 6-5-08)
Section 4-16.401: Shopping Cart Retrieval Services Required; Filing of Notification with City.
a) Every business in the City of Modesto that uses shopping carts must contract with a cart retrieval service and notify the City as to with whom they are contracted. The cart retrieval services must pick up the carts that have been reported to them within three (3) business days of receipt of notice from the City.
b) All retrieval service companies that have contracts with businesses located in the City of Modesto must register with the City in accordance with Section 4-6.501.
c) Within sixty (60) days of the effective date of the ordinance codified in this chapter, every business establishment must file a notification form with the City, on a form established by the City, setting forth the name of the cart retrieval service to be used by that establishment. In the event that there is a change in the listed cart retrieval service used, a business establishment shall file a new notification form with the City within ten (10) days of the effective date of the change.
d) As set forth in this chapter, there will be no charge to the business owner if a cart impounded at the corporation yard is picked up within three (3) business days after being notified by the City. If the shopping carts are not retrieved, then all applicable impound fees shall apply. (Ord. 3486-C.S., § 1, effective 6-5-08)
Section 4-16.501: Registration Required; Records Required.
a) Any person who engages in the business of shopping cart retrieval must be registered with the City so as to provide contact names and phone numbers to enforcement staff. The City Manager shall issue a registry number, in accordance with the procedures set forth in the rules and regulations.
Each shopping cart retrieval business shall retain records showing written authorization from the shopping cart owner, or any agent thereof, to retrieve the cart or carts and to be in possession of the cart or carts retrieved. A copy of the record showing written authorization shall be maintained in each vehicle used for shopping cart retrieval and presented to enforcement personnel upon request. (Ord. 3486-C.S., § 1, effective 6-5-08)
Section 4-16.502: Sign Required.
a) Each vehicle employed for the retrieval of shopping carts shall display a sign that clearly identifies the retrieval service, and prominently displays the registry number issued by the City. (Ord. 3486-C.S., § 1, effective 6-5-08)
Section 4-16.503: Violations as Misdemeanors; Penalty.
a) Any person who violates the provisions of this article is guilty of a misdemeanor, with the exception of the items specified under Section 4-16.203(b), which are an infraction. In addition to any other remedies available to it the City may use the administrative enforcement remedies set forth in Chapter 6 of Title 1 of this Code.
b) In the event administrative penalties are used, they shall be assessed as follows:
1) One hundred dollars ($100.00) for the first violation;
2) Two hundred fifty dollars ($250.00) for a second violation; and
3) Five hundred dollars ($500.00) for any third and subsequent violation. (Ord. 3486-C.S., § 1, effective 6-5-08)
Section 4-16.504: Severability.
a) If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted such section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 3486-C.S., § 1, effective 6-5-08)
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