Chapter 98 — UNATTENDED SHOPPING CARTS

Any business providing to its customers shopping carts as that term is defined in § 98.02 of this Code shall permanently affix to the shopping cart a sign that identifies the owner of the shopping cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the shopping cart from the premises; notifies the public that the unauthorized removal of the shopping cart from the premises or parking area of the retail establishment, or the authorized possession of the shopping cart, is a violation of state law; and lists a valid telephone number or address for returning the shopping cart removed from the premises or parking area to the owner or retailer. (Ord. 1120, passed 2-19-97)

The following definitions shall apply to this chapter:

BUSINESS PREMISES. The entirety of a commercial site upon which a cart provider conducts a commercial establishment, including, but not limited to, the interior of the cart provider's commercial establishment, adjacent walkways, any associated loading and parking areas provided on that site or provided on private property in conjunction with the commercial establishment.

CART PROVIDER. The owner or operator of a business premises who provides carts for use by its customers for the purpose of transporting goods of any kind.

OWNER. That person or entity whose name is required to appear on the shopping cart as provided in § 98.01 of this Code.

PHYSICAL CONTAINMENT SYSTEM. Disabling devices on all shopping carts, which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the shopping carts off the business premises.

PUBLIC RIGHT-OF-WAY. Any sidewalk, street, alley, lane, court, park, or parkway on public property or other public place within the city.

SHOPPING CART. A non-motorized basket which is mounted on wheels or a similar device generally used in retail establishments by a customer for the purpose of transporting goods of any kind. (Ord. 1120, passed 2-19-97; Am. Ord. 1314, passed 2-6-08)

(A) Removal of shopping carts with identification signs. Any unattended shopping cart containing the sign required by Business and Professions Code Section 22435.1 which is located outside the premises or parking area of a retail establishment and within the public right-of-way may be removed by the city or its authorized agent at the owner's cost if, prior to the removal, the city provides to the owner or the owner's agent a minimum of three business days' actual notice of the shopping cart's discovery and location. Within 48 hours after said removal, the city shall again attempt to notify either the owner of the shopping cart or the owner's agent, either by telephone or in writing, that the city has removed the unattended shopping cart is then located. Any owner wishing to recover a shopping cart removed pursuant to this subsection may appear during normal business hours at the applicable location and, after paying the $50 fine authorized by Business and Professions Code Section 22435.7 sub. (f) (the “Fine”), if applicable, and the removal and storage fee established by City Council resolution, redeem the shopping cart. The fine shall only be

required to be paid if the owner or the owner's agent fails to retrieve one or more shopping carts within the applicable three day period on three separate occasions within any six month period.

(B) Removal of shopping carts within identification signs. Any unattended shopping cart not containing the sign required by Business and Professions Code Section 22435.1 which is located outside the premises or parking area of a retail establishment and within the public right-of-way maybe immediately removed by the city or its authorized agent at the owner's cost. Within 48 hours of said removal, the city shall attempt to notify the owner (if the identity of the owner is known), either by telephone or in writing, that the city has removed the shopping cart from the public rightof-way and the address at which the shopping cart is then located. Any owner wishing to shopping cart removed pursuant to this subsection may appear during normal business hours within 30 days of the date of notice (or, if no notice is given because the identity of the owner is not known, within 30 days after removal) at the applicable location, and after paying the removal and storage fee established by City Council resolution, redeem the shopping cart.

ocated. Any owner wishing to shopping cart removed pursuant to this subsection may appear during normal business hours within 30 days of the date of notice (or, if no notice is given because the identity of the owner is not known, within 30 days after removal) at the applicable location, and after paying the removal and storage fee established by City Council resolution, redeem the shopping cart.

(C) Removal of shopping carts which impede emergency services. Any unattended shopping cart located outside the premises or parking area of a retail establishment which impedes emergency services may be removed by the city or its authorized agent from public or private property at the owner's cost consistent with Section 22435.7(c). Within 48 hours of said removal, the city shall attempt to notify the owner (if the identity of the owner is known), either by telephone or in writing, that the city has removed the shopping cart from the public right-of-way and the address at which the shopping cart is then located. Any owner wishing to recover a shopping cart removed pursuant to this subsection may appear during normal business hours within 30 days of the date of notice (or, if no notice is given because the identity of the owner is not known, within 30 days after removal) at the applicable location, and after paying the removal and storage fee established by City Council resolution, redeem the shopping cart. (Ord. 1120, passed 2-19-97)

Any owner of a shopping cart who has been charged a fee or fine to redeem a shopping cart shall be entitled to obtain a hearing as to whether the fee or fine has been properly charged by providing to the City Clerk a written request for a hearing within 15 days of receipt of notice that the shopping cart has been removed. The hearing shall be held not later than 30 days from the date of the hearing request and the owner shall be notified of the time, date, and location of the hearing. The City Manager or his or her designee shall appoint a hearing officer. If the hearing officer determines that the city properly removed the shopping cart and the owner has been charged the appropriate amount, the owner shall pay all costs associated with the administrative hearing and, if he or she desires to redeem the shopping cart, pay any applicable fee and/or fine. If the hearing officer determines that the owner has been improperly charged a fee and/or fine, the owner shall be entitled to redeem the shopping cart at an adjusted fee and/or fine or at no charge, whichever is applicable.

(Ord. 1120, passed 2-19-97)

Any shopping cart removed by the city from the public right-of-way pursuant to this Chapter shall be taken to a location which is:

• (A) Reasonably convenient to the owner of the shopping cart; and

• (B) Open for business at least six hours of each business day.

(Ord. 1120, passed 2-19-97)

The city shall be permitted to destroy or otherwise dispose of any shopping cart removed by the city from the public right-of-way pursuant to this Chapter in the following circumstances:

(A) The shopping cart falls to contain a sign or other information that identifies the owner, and the city is unable to locate the owner with reasonable diligence; or

(B) The owner of the shopping cart or the owner's agent has failed to reclaim the shopping cart from the city within 30 days of receipt of notice that the shopping cart was removed by the city.

(Ord. 1120, passed 2-19-97)

Every cart provider shall install a physical containment system to the reasonable satisfaction of the Director of Community Development or his or her designee.

(Ord. 1314, passed 2-6-08)

(A) Installation of the physical containment system required by § 98.07 shall be completed prior to the issuance of a business license to any cart provider for any business opened after March 7, 2008 (the "compliance date").

(B) For each cart provider whose business is legally in operation before the compliance date, an additional sixmonth grace period will be provided to allow the cart provider time to evaluate its own rates of cart loss and to secure and install an appropriate containment system. Any such cart provider who has not installed a physical containment system at the conclusion of the six-month period shall be in violation of § 98.07. An extension may be given at the discretion of the city's Chief Executive Officer.

(Ord. 1314, passed 2-6-08)