Azusa Municipal Code Div. 3 Regulation of Shopping Carts and Laundry Carts

Footnotes:

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Editor's note— Ord. No. 00-01, § 1, adopted Feb. 7, 2000, changed the designation of div. 3 from "shopping carts" to "regulation of shopping carts and laundry carts." Said ordinance also amended div. 3 in its entirety to read as herein set out. See the Code Comparative Table.

The unauthorized use, accumulation, and storage of abandoned shopping carts or laundry carts, or parts thereof, on public and private property is found to create a condition tending to reduce property values, to promote blight and deterioration, to constitute an unattractive nuisance creating a hazard to the health and safety of minors, to be aesthetically detrimental to the community, and to be injurious to the health, safety, and general welfare. The purpose of this division is to prevent the unauthorized use, accumulation, and storage of abandoned shopping carts and laundry carts, or parts thereof, on public and private property, by restricting the removal of carts from parking facilities, requiring identification on carts, and abating abandoned carts in accordance with the provisions of this division.

(Ord. No. 00-01, § 1, 2-7-00)

The city council finds and determines that the unauthorized use, accumulation, and storage of abandoned shopping carts and laundry carts on any parcel of land within the city constitutes a public nuisance as it is injurious to the public health, safety, and welfare by having a tendency to degrade the appearance of the community and thereby decrease property values, and it obstructs free access to public and private sidewalks, streets, parking lots, and other ways.

(Ord. No. 00-01, § 1, 2-7-00)

For the purpose of this division, words and phrases not expressly defined in section 46-254 shall be given their customary and usual meanings and shall be interpreted and construed accordingly.

(Ord. No. 00-01, § 1, 2-7-00)

Whenever the following terms are used in this division, they shall mean the following:

Abandoned cart means a shopping cart or laundry cart located outside the premises or parking facility of the business establishment which furnishes such cart for use.

Cart means a shopping cart or laundry cart as defined in this section which is owned or leased by a business establishment.

Director means the department director or employee designated by the city manager to enforce or carry out the provisions of this division.

Laundry cart means a plastic or metal basket or container mounted on wheels or a similar device, including parts thereof, intended for transporting clothing or other fabrics and cleaning supplies within a laundry or cleaning establishment or designated parking facility.

Owner of the cart means the owner of the shopping cart or laundry cart, his or her agent, or the business establishment which furnishes the cart for use.

Parking facility means an area intended for the parking of vehicles by customers, clients, or patrons of a business establishment. The parking facility of a business establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.

Private property means any property not owned or maintained by the city.

Public property means property owned or maintained by the city.

Shopping cart means a plastic or metal basket or container mounted on wheels or a similar device, including parts thereof, intended for transporting goods of any kind within a business establishment or designated parking facility.

(Ord. No. 00-01, § 1, 2-7-00)

It is unlawful for any person to do any of the following acts:

(a) To remove or cause to be removed any cart from a parking facility without the prior written consent of the owner of such cart.

(b) To possess any cart that has been removed from a parking facility without the prior written consent of the owner of such cart, with the intent to temporarily or permanently deprive the owner of use of the cart upon the premises of the owner's business establishment.

(c) To alter, convert, or tamper with any cart, or remove any part or portion thereof, or to remove, obliterate, or alter temporarily or permanently deprive the owner or retailer of possession of the cart.

(d) To abandon or leave any cart, which has been removed from a parking facility, upon any public property.

(Ord. No. 00-01, § 1, 2-7-00)

Each cart owner shall cause signs to be permanently affixed to its carts and said signs shall include the following information:

(a) Identification of the owner of the cart or the business furnishing the cart for use, or both.

(b) The procedure required for authorized removal of the cart from the parking facility.

(c) Notification that the unauthorized removal of the cart from the parking facility, or unauthorized possession of the cart, is a violation of law.

(d) A valid telephone number or address for returning the cart removed from the parking facility to the owner of the cart.

(e) Each owner of carts used in the city shall prepare a written annual cart retrieval program and submit said program to the city simultaneously with its original application or renewal application for its business license as required under chapter 18 of this Code.

(Ord. No. 00-01, § 1, 2-7-00)

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 carts, if applicable) FROM THE PARKING FACILITIES WITHOUT THE WRITTEN CONSENT OF THE MANAGER IS PROHIBITED BY LAW. Azusa Municipal Code Section 46-255 (Unauthorized Removal).

(Ord. No. 00-01, § 1, 2-7-00)

For purposes of enforcing this division, the director may enter public or private property 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 this division.

(Ord. No. 00-01, § 1, 2-7-00)

The director shall have the authority to remove any abandoned cart on public or private property under the following conditions:

(a) If the abandoned cart is affixed with the identification required under section 46-256, removal may occur three business days after the director gives the owner of the cart 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.

(b) If the abandoned cart is not affixed with the identification required under section 46-256, removal may occur either after the director notifies the owner of the cart 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 of the cart 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.

(c) Any abandoned cart removed from public or private property by the director shall be stored for 30 days at the department of public works in the city, or at a location designated by the director which is reasonably convenient to the owner of the cart and open for business at least six hours of each business day.

(d) Any abandoned cart removed from public or private property and stored pursuant to this section shall be released to the lawful owner of the cart if claimed within 30 days after such removal and upon payment of reasonable redemption fees.

(e) Redemption fees for the removal and storage of any abandoned cart under this section shall be established by city council resolution and shall cover all 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 city clerk. The director shall review such fees once annually and may recommend revisions to the city council.

(Ord. No. 00-01, § 1, 2-7-00)

Notwithstanding subsection 46-259(a), the city may impound an abandoned cart that otherwise meets the criteria set forth in subsection 46-259(a) without complying with the three business day advance notice requirement provided that:

(a) 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.

(b) Any cart so impounded shall be held at a location in compliance with subsection 46-256(c).

(c) 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 46-256(d).

(d) 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 subject to any applicable fee or fine imposed pursuant to subsection 46-256(d) commencing on the fourth business day following the date of notice.

(e) 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 46-262.

(f) 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.

(Ord. No. 00-01, § 1, 2-7-00)

Within ten days of the removal of an abandoned cart pursuant to this division, 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 of the cart is unknown and not clearly identified on the cart, the cart shall be designated "unidentified." Immediately following such designation, the director shall file a record with the city clerk for each unidentified cart containing the information above and a brief description of the cart.

(Ord. No. 00-01, § 1, 2-7-00)

Thirty days after notice is given to the owner of the cart, or after the cart is designated "unidentified," pursuant to section 46-261, 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.

(Ord. No. 00-01, § 1, 2-7-00)

Any person violating section 46-255, 46-256, or 46-257 shall be guilty of an infraction.

(Ord. No. 00-01, § 1, 2-7-00)