Cudahy Municipal Code Ch. 12.08 Shopping Carts

Editor’s Note: Prior ordinance history includes portions of Ordinance Nos. 169 and 246.

For purposes of this chapter “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. (Ord. 523 § 1. 2002 Code § 13-2.1).

The city may impound a shopping cart that has a sign affixed to it in compliance with Section 22435 of the California Business and Professions Code, provided both of the following conditions have been satisfied:

(1) The shopping cart is located outside the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.

(2) The shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the city of the shopping cart’s discovery and location. (Ord. 523 § 1. 2002 Code § 13-2.2).

The city may impound a shopping cart that does not have a sign affixed to it in compliance with Section 22435 of the California Business and Professions Code if the following conditions have been satisfied:

(1) The shopping cart is located outside the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.

(2) The shopping cart is located on private property, and the owner or occupant of the property indicates that he or she does not desire to retain the shopping cart. (Ord. 523 § 1. 2002 Code § 13-2.3).

In instances where the location of a shopping cart will impede emergency services, the city may immediately impound the shopping cart without complying with the requirements of CMC 12.08.020 and 12.08.030. (Ord. 523 § 1. 2002 Code § 13-2.4).

The city shall hold all impounded shopping carts at a location in the city that is open at least six hours of each business day. (Ord. 523 § 1. 2002 Code § 13-2.5).

The city shall provide notice of the impound to the owner of the shopping cart listed on the sign or, if there is no sign, to the person or entity, if any, the city has reason to believe owns the shopping cart. Nothing in this chapter shall require the city to take affirmative steps to ascertain the owner of a shopping cart which is not affixed with a sign identifying the owner of the cart. (Ord. 523 § 1. 2002 Code § 13-2.6).

The city may sell or otherwise dispose of any shopping cart that is not reclaimed by the owner of the shopping cart within 30 days of receipt of the notice provided in CMC 12.08.060. If the city provided no notice pursuant to CMC 12.08.060 because the owner could not be ascertained, the city may sell or otherwise dispose of the shopping cart within 30 days of impoundment. (Ord. 523 § 1. 2002 Code § 13-2.7).

Owners who reclaim impounded carts shall pay a fee to be set by resolution of the city council. The fee shall be equal to the actual costs to the city of operating the shopping cart impound program. (Ord. 523 § 1. 2002 Code § 13-2.8).

The owner of a shopping cart shall pay the city a fine of $50.00 for each occurrence in excess of three during any six-month period for failure to retrieve shopping carts in accordance with this chapter. An occurrence includes all shopping carts impounded in accordance with this chapter in a one-day period. (Ord. 523 § 1. 2002 Code § 13-2.9).