Compton Municipal Code § 8-9 Shopping Carts

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1933 and 1938.

[Ord. #2016, § 1]

The City Council makes the following findings and declarations:

The unauthorized use, accumulation and storage of shopping carts, of parts thereof, off the premises or parking areas of retail establishments, where such carts are made available for use by customers, is found to create conditions that could impede emergency services, interfere with pedestrian and vehicular traffic, reduce property values, to promote blight and deterioration, constitute an attractive nuisance creating a hazard to the health and safety of minors, be aesthetically detrimental to the community, and be injurious to the health, safety and general welfare. Therefore, the unauthorized use and the presence of shopping carts, or parts thereof, off the premises or parking areas of retail establishments, is declared to be a violation of this Code and to constitute a public nuisance, which may be abated as such in accordance with the provisions of this section.

[Ord. #2016, § 1]

The following definitions shall apply to this section:

CART OWNER

Shall mean every person, corporation, partnership, association, or other entity who, in connection with the conduct of a business, owns, rightfully possesses, or makes any shopping cart available to patrons and/or the public. This shall include the owner's agent or authorized representative.

PARKING AREA

Shall mean a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle. Parking area of a retail establishment located in a multi-store complex or shopping center shall include the entire parking area used by the complex or center.

PARKWAY

Shall mean that area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway that is not open to vehicular travel.

PLACARDED CART

Shall mean a shopping cart that has a sign affixed to it, containing the information required by subsection 8-9.4.

PUBLIC PROPERTY

Shall mean and include, but is not limited to, all areas dedicated to public use for public street purposes, roadways, parkways, alleys, sidewalks, flood control channels and any public right-of-way.

SHOPPING CART

Shall mean a basket, which is mounted on wheels or a similar device generally, used in a retail establishment by a customer for the purpose of transporting goods of any kind. Shopping cart shall include a basket which is mounted on wheels and used in a coin-operated laundry or dry cleaning retail establishment by a customer or an attendant for the purposes of transporting fabrics and the supplies necessary to process them.

[Ord. #2016, § 1]

Except as otherwise provided herein, the provisions of this section shall be administered and enforced by representatives of the City. In the enforcement of this section, the City may enter upon public or private property in a manner consistent with the United States and California Constitution to examine a shopping cart, or parts thereof, or to obtain information as to the identity of the owner of the shopping cart, and to remove, or cause the removal of, a shopping cart, or parts thereof, declared to be a nuisance pursuant to this section.

[Ord. #2016, § 1]

The owner of every premises or retail establishment where shopping carts are made available for use by customers shall permanently affix to each cart a placard or sign which includes the following:

a. Identification of the owner of the shopping cart or the retailer, or both;

b. Notification of the procedure to be utilized for authorized removal of the cart from the premises or retail establishment;

c. Notification that the unauthorized removal of the shopping cart from the premises or parking area of the retail establishment, or the unauthorized possession of the shopping cart, is a violation of law; and

d. A telephone number or address for returning the shopping cart removed from the premises to the owner or retailer.

[Ord. #2016, § 1]

a. It is unlawful for any person to remove a shopping cart from the premises or parking area of any retail establishment or be in possession of any shopping cart that has been removed from the premises or parking area of a retail establishment, if such shopping cart has permanently affixed to it a placard or sign as required by subsection 8-9.4.

b. This subsection prohibiting removal of a shopping cart from the premises or parking area of a retail establishment shall not apply to the owner of the shopping cart, to his or her agents or employees, or to a customer of a retail establishment who has written consent from the owner of a shopping cart or a retailer, to be in possession of the shopping cart, or to remove the shopping cart from the premises or parking area of the retail establishment.

c. If the owner of the shopping cart or the retailer authorizes removal of any cart from the premises or parking area of the retail establishment, the owner or retailer shall establish a written policy, including a verifiable and reliable system, to ensure that the cart will be returned or retrieved within 24 hours. Said written policy shall be disclosed to the City upon request.

d. On an annual basis, (in conjunction with the renewal of their business license), the owner of placarded carts or the retailer, shall provide the City with the name, address and telephone number of his or her authorized cart retrieval service, if any, that provides cart retrieval services within the City. Should the cart retrieval service change during the year, the owner of the placarded carts shall provide the name, address and telephone number of his or her new authorized cart retrieval service. The owner shall provide a copy of the written authorization for the retrieval company to be in possession of his or her carts to the City upon request.

[Ord. #2016, § 1]

Any shopping cart left on any public or private property shall be deemed to be abandoned and therefore a public nuisance pursuant to this section. The provisions of this section shall not apply to shopping carts left on the owner's private property, including the common areas of shopping centers adjacent thereto.

[Ord. #2016, § 1]

It is unlawful for any person to abandon or leave any shopping cart, which has been removed from the premises or parking area of a retail establishment, upon any public street, alley, sidewalk, parkway or other public place, or upon private property other than the premises or parking area of the retail establishment which owns the shopping cart.

[Ord. #2016, § 1]

a. The City may impound any abandoned, unplacarded shopping cart from any public or private property at any time.

b. The City may impound any abandoned, placarded shopping cart from any public or private property, provided the following has occurred:

1. The shopping cart is located outside of the premises or parking area of the retail establishment;

2. The owner of the placarded shopping cart, or his or her agent, has received notice of the location of shopping cart from the City, and that if not retrieved within three business days, the City will impound the cart; and

3. The owner of the placarded shopping cart, or his or her agent, has not retrieved the shopping cart within three business days from the date the owner, or his or her agent, has received notice from the City.

c. Notwithstanding paragraph b above, the City may impound any abandoned, placarded shopping cart from any public or private property provided the owner, or his or her agent, is given notice within 24 hours following the impound which informs the owner, or his or her agent, of the location where the shopping cart may be claimed. Any impounded shopping cart which is reclaimed by the owner, or his or her agent, within three business days following the date of the twenty-four-hour notice, shall be released and surrendered to the owner, or his or her agent, at no charge whatsoever, including waiver of any impound and storage fees or occurrence fines. Any shopping cart reclaimed within the three business day period shall not be deemed an occurrence for purposes of subsection 8-9.10e.

d. Notwithstanding paragraph b above, the City is authorized to immediately retrieve any placarded shopping cart from any public or private property in instances where the location of the shopping cart will impede emergency services. Locations in which cart may impede emergency services include, but are not limited to, the following areas:

1. The cart is located on a sidewalk or parkway so as to block access of emergency equipment and/or personnel seeking access to public or private facilities, structures, or buildings, in response to a request for services.

2. The cart is located on a roadway so as to block access of emergency equipment and/or personnel seeking access to public or private facilities, structures, or buildings, in response to a request for services.

3. The cart is located on publicly or privately owned property and is situated so as to block the access of emergency equipment and/or personnel seeking access to public or private facilities, structures, or buildings, in response to a request for services.

4. The cart is located within a roadway, on the day prior to or on the day of scheduled street sweeping that is to occur on that roadway.

5. The cart is located such as to block access to vehicle or pedestrian curb cuts.

6. The cart is located within a roadway, for which "No Parking" or "No Stopping" signs have been placed, or within red zones painted on curbs and curb faces.

7. The cart is located within a roadway, for which "Loading/Unloading" signs have been placed, or within yellow zones painted on curbs and curb faces.

8. The cart is located within an identified crosswalk or within a street intersection.

9. The cart is located within 15 feet of a fire hydrant.

10. The cart is located within a designated bus stop area.

[Ord. #2016, § 1]

The City Manager, or his/her authorized designee, may determine that a wrecked shopping cart abated according to the provisions of this section is in such poor condition that it may be immediately disposed of. This action will be a discretional decision of the City Manager, or his/her authorized designee, and based upon a determination that the shopping cart is inoperable, unsafe, or that the cost to repair exceeds the value of the shopping cart. In such case, the shopping cart, or parts thereof, may be destroyed without providing appeal hearing, but notice of the action shall be given to the owner, if the same can be determined.

§ 8-9.10.. Assessment for Shopping Cart Removal — Hearings.

[Ord. #2016, § 1]

a. Upon the abatement and removal of any shopping cart, the City shall provide written notice to the owner (if the same can be ascertained), advising that such shopping cart is held by the City and that the shopping cart must be redeemed within 30 days and upon payment of reasonable administrative fees. Such abatement notice shall state the date the shopping cart was removed, the procedure for retrieving the shopping cart and a statement that the owner, or his or her agent, may request a hearing to appeal the abatement order by submitting a written request within 10 days of the date appearing on the notice. Any shopping cart removed and stored pursuant to these provisions shall be released to the owner thereof, or his or her agent, if claimed within 30 days of the date appearing on the abatement notice and upon payment of reasonable administrative fees. Such fees shall be waived if, after a hearing to appeal has been requested, a determination is made at such hearing that the fees shall be waived. If the shopping cart is not marked in accordance with subsection 8-9.4, no such notice shall be required.

b. The administrative fees for the removal and storage of any shopping cart shall be established or modified by resolution of the City Council and shall include the actual cost of removal and storage of any shopping cart, or parts thereof, plus the proportional share of administrative costs in connection therewith.

c. Any hearing which is requested shall be conducted within five working days of the receipt of the request, excluding Fridays, weekends and holidays, by the City Manager, or his/her designate, who shall be designated as the hearing officer. The failure of either the owner, or his or her agent, to request a hearing shall waive the right to a hearing. At the hearing, the hearing officer shall determine whether good cause was shown for the abatement and removal of the shopping cart. The decision of the hearing officer shall be deemed the final administrative determination. If good cause is shown for the abatement and removal of the shopping cart, the owner, or his or her agent, shall have 30 days from the hearing date to retrieve the shopping cart upon payment of the administrative fee. If good cause is not shown for the abatement and removal of the shopping cart, the administrative fee shall be waived and the owner, or his or her agent, shall have 30 days from the hearing date to retrieve the shopping cart.

d. Any shopping cart not retrieved by its owner, or his or her agent, within 30 days of the date appearing on the abatement notice, when such owner or agent has not requested a hearing in accordance with this section, or within 30 days after the hearing date, when the owner, or his or her agent, has requested a hearing, shall be deemed to be permanently abandoned and may be sold or otherwise disposed of by the City.

e. A fine of not more than $50 for each occurrence in excess of three during any six-month period shall be charged the owner of a shopping cart for failure to retrieve shopping carts. An occurrence includes all shopping carts impounded by the City in a one-day period.

[Ord. #2016, § 1]

This section is not construed as the exclusive regulation of shopping carts within the City. It shall supplement and be in addition to other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, State or any other legal entity or agency having jurisdiction.