Costa Mesa Municipal Code § 15-24 Recovery by owner

Claims to recover an impounded shopping cart shall be presented to the director of public services, or his designee, in accordance with the following:

(a) A cart owner or his authorized representative, may, by appointment, inspect impounded carts to determine if any of the owner's carts are present.

(b) A cart owner may reclaim an impounded cart at any time during normal business hours prior to disposal or destruction by paying all applicable administrative fees and fines, except as provided in subsection (c) below.

(c) The owner of an identified cart may reclaim it within three business days following the date of actual notice of impoundment at no charge whatsoever, including the waiver of any administrative fees and fines that would otherwise be applicable pursuant to section 15-23 above. Any identified cart reclaimed by the owner or his authorized representative within the three business days shall not be deemed an occurrence for purposes of section 15-23(b) above. Any impounded identified cart that is not reclaimed by the owner within three business days following the date of actual notice of impoundment shall be subject to any applicable administrative fees and fines imposed pursuant to section 15-23 commencing on the fourth (4th) business day following the date of actual notice of impoundment.

(d) No cart shall be released to a person seeking to reclaim it, unless such person submits to the city reasonably credible evidence of ownership or right to possession of the impounded cart. There shall be a presumption that an identified cart is owned by the business establishment designated on the cart.

(e) Any release of a cart to a person deemed by the city to be entitled thereto, shall be an absolute defense of the city against any other person claiming to be entitled thereto.

(Ord. No. 09-8, § 1, 7-21-09)

Any identified or unidentified cart may be sold or otherwise disposed of by the city if not reclaimed from the city within 30 days of receipt of a notice of impoundment by the owner of the cart, or within 30 days from the date of impoundment if no notice was required by this article. In the event an unclaimed cart remains unclaimed, is disposed of or destroyed, the city retains the right to collect any applicable fees and/or fines from the cart owner.

(Ord. No. 09-8, § 1, 7-21-09)

A person who can demonstrate that he or she is the owner of an impounded cart may appeal the imposition of the nuisance abatement administrative fee and/or fine by presenting evidence that the cart removal and storage was not performed substantially in accordance with the provisions of this article. Appeals shall be made in writing to the director of public services or his designee within 10 calendar days of the receipt of a request for an appeal. The cart owner or authorized representative shall appear and be heard on the matter. If the director of public services or his designee determines that the shopping cart was not removed and stored in substantial accordance with the provisions of this article, the nuisance abatement administrative fee and/or fine shall be refunded. The decision of the public services director or his designee shall be final.

(Ord. No. 09-8, § 1, 7-21-09)

(a) Any violation of the provisions of this article shall be subject to section 1-33 of this Code. Each day on which a violation of any provision of this article exists shall be a new and separate violation.

(b) Notwithstanding any other enforcement action allowed under this Code, the city council may prescribe the civil fine for any person owning a retail establishment who is given a civil citation for not having established an effective containment system pursuant to section 15-16, above.

(Ord. No. 09-8, § 1, 7-21-09)