CHAPTER 8.06: ABATEMENT OF UNATTENDED SHOPPING CARTS
Section 8.06.030 Unattended Shopping Carts—Removal.
a) Except as provided in subsections B, C and D of this section, prior to removing a shopping cart, the City shall give three business days notice to the owner of the shopping cart or the owner’s agent, of the unattended shopping cart’s location. If the shopping cart has not been removed within three business days, the City may remove the shopping cart and notice of such removal and storage shall be provided in accordance with Section 8.06.040. The three-day notice requirement shall only apply if the shopping cart has a sign permanently affixed to it which contains the following: (1) identifies the owner or retailer; (2) notifies the public of the procedure to be used for the unauthorized removal of the shopping cart from the premises; (3) notifies the public that the unauthorized removal of the shopping cart from the premises or parking area of the retailer or the unauthorized possession of the cart, is a violation of State Law and, (4) lists a valid telephone number or address for returning the cart.
b) As an alternative to subsection A of this section, the City may remove an abandoned or unattended shopping cart without complying with the three-day advance notice requirement provided that:
1) The owner of the shopping cart is provided actual notice within twenty-four (24) hours following the City’s removal of the shopping cart as to the location where the shopping cart may be claimed.
2) Any shopping cart reclaimed by the owner within three business days following the date of actual notice shall be released to the owner at no charge.
3) Any shopping cart not reclaimed by the owner within three business days following the date of actual notice shall be subject to the applicable removal and storage fees commencing on the fourth business day following the date of the notice. Notice of such fees shall be sent in accordance with Section 8.06.040.
4) Any shopping cart not reclaimed by the owner within thirty (30) days of the date the cart was first removed, may be disposed of as provided in Section 8.06.070.
C. Shopping carts located on property which do not contain information identifying the owner or retailer by a telephone number or address may be removed immediately and if possible, notice of removal shall be provided in accordance with Section 8.06.040.
d) Shopping carts located on public and private streets, sidewalks and driveways impede the provision of emergency services, create a danger for persons attempting to utilize such public and private ways and impede access to such public ways and other public facilities by the disabled. Shopping carts which are located in these areas and create these conditions may be removed immediately and notice of removal shall be provided in accordance with Section 8.06.040.
(Ords. 20-99; 25-96; 3-96)
Section 8.06.040: Notice of Removal and Storage.
a) Upon the abatement, removal and storage of any shopping cart under this chapter, the City shall attempt to notify the owner of the shopping cart by sending a “Notice of Abatement” by first-class mail to the last known address of the owner or retailer as shown on the shopping cart. Such notice shall state substantially the following:
1) On ____________, 19_____, your shopping cart was found unattended on [private or public] property located at [address]. Pursuant to the Orange Municipal Code, unattended shopping carts are deemed to be a nuisance.
2) The shopping cart is being stored by the City at _____________ [address]. You may retrieve your shopping cart by calling [phone number] or personally appearing at the above address. You will be required to pay the City’s costs for removing and storing the shopping cart prior to it being released into your possession. If you believe that the shopping cart was removed in error you may request a hearing by submitting a written request for such a hearing to the Director of Public Works, 300 E. Chapman Avenue, Orange, CA 92866.
3) Such request must be received by the City within fifteen (15) calendar days of the date of this notice. Failure to request a hearing within this time period shall result in a waiver of such hearing. The shopping cart will be sold or destroyed within thirty (30) days of its removal if unclaimed. Shopping carts which have insufficient identifying information to apprise the City of ownership of the retailer may be sold or destroyed within thirty (30) days of removal without notice. Any shopping cart removed and stored pursuant to this chapter shall be released to the owner or agent if claimed within thirty (30) days of such removal and upon payment of the City's costs.
(Ords. 7-06 § 1; 25-96; 3-96)
Section 8.06.090: Shopping Cart Identification.
a) All businesses utilizing shopping carts in conducting their business within the City shall have a permanently affixed sign on their shopping carts which contains the information required by California Business and Professions Code Section 22435.1.
(Ords. 25-96; 3-96)
Section 8.06.100: Fees.
a) Unless otherwise provided in this chapter, the fees to be charged for the removal and storage of shopping carts by the City shall be established by resolution of the City Council and shall not exceed the City’s estimated reasonable cost for such removal and storage. The Director of Public Works shall review such fees as appropriate and recommend any necessary adjustments to the City Council.
(Ords. 7-06 § 3: 25-96; 3-96)
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