El Monte Municipal Code Ch. 8.54 Abandoned Carts—retrieval and Impoundment

A. Carts Subject to this Section. This section shall apply to all carts that satisfy all of the signage requirements set forth under Section 8.54.040 (Mandatory Cart Signage) of this chapter.

B. General Prohibition. It is unlawful for any person to do any of the following with any cart subject to this section:

1. Remove the cart from the premises of a business establishment to which it is furnished with the intent to temporarily or permanently deprive the cart owner and/or the business establishment of possession of the cart;

2. Be in possession of any cart that has been removed from the premises of a business establishment to which it is furnished with the intent to temporarily or permanently deprive the cart owner and/or the business establishment of possession of the cart;

3. Be in possession of any cart with serial numbers removed, obliterated, or altered with the intent to temporarily or permanently deprive the cart owner and/or the business establishment to which it is furnished of possession of the cart;

4. Alter, convert, or tamper with a cart, or remove any part or portion thereof or to remove, obliterate or alter serial numbers on the cart with the intent to temporarily or permanently deprive the cart owner and/or the business establishment to which it is furnished of possession of the cart; or

5. Be in possession of any cart while that cart is not located on the premises of a business establishment to which it is furnished with the intent to temporarily or permanently deprive the cart owner and/or the business establishment of possession of the cart.

Any cart that is owned by, provided to, or otherwise used by a business establishment or its customers in connection with the operations of the business establishment shall be considered to have been "furnished" to the business establishment for purposes of this section.

C. Exceptions to General Prohibition. The unlawful acts set forth in subsection A of this section shall not constitute an offense when carried-out by the following persons under any of the following circumstances:

1. By a cart owner or the agents or employees of the cart owner acting in the lawful and customary course of their agency or employment;

2. By a business establishment that has been furnished with the cart or the agents or employees of the business establishment acting in the lawful and customary course of their agency or employment; or

3. By any person given written permission to engage in any of the acts enumerated under subsection A of this section by the cart owner, or the on-duty manager of the business establishment to which the cart is furnished. No such written permission shall remain valid for a period in excess of seventy-two (72) consecutive hours from the date and time of its issuance. In order to be deemed valid and adequate, any documentation evidencing such written permission must include the following information:

a. The date and time upon which the permission was given;

b. The name of the person who granted such permission on behalf of the cart owner or the business establishment to which the cart is furnished;

c. The name of the person to whom such permission is granted;

d. A brief description of the nature and scope of such permission; and

e. Notice and instruction advising the person granted permission that abandonment of the cart is a violation of state law and the El Monte Municipal Code.

Any person who has not been granted such permission or who fails to produce written documentation which adequately evidences the grant of such permission may be cited.

D. Seizure of Carts. Any cart seized in the course of issuing a citation for the violations enumerated under subsection A of this section shall be impounded in accordance with the provisions of Section 8.54.020 of this chapter.

E. Statutory Authorization. The procedures set forth under this section shall be enforced pursuant to, and in accordance with, Sections 22435.2 through 22435.5 of the California Business and Professions Code.

(Ord. 2704 §§ 8, 15 (part), 2007; Ord. 2691 § 1 (part), 2007)

A. Carts Subject to this Section. This section shall apply to all carts that satisfy all of the signage requirements set forth under Section 8.54.040 (Mandatory Cart Signage) of this chapter.

B. General Prohibition Against Abandonment. It is unlawful for any person to leave or abandon any cart subject to this section at a location other than the premises of the business establishment to which the cart is furnished, with the intent to temporarily or permanently deprive the cart from the cart owner and/or the business establishment. Any cart owned by, provided to, or otherwise used by a business establishment or its customers in connection with its operations shall be considered to have been "furnished" to the business establishment for purposes of this section.

C. Expedited Impoundment Procedures.

1. Immediate Impoundment. With respect to any cart subject to this section, the Director and the City Manager shall have authority to immediately retrieve and impound any such cart located outside the property perimeter of the premises of the business establishment to which the cart is furnished, provided the cart owner or its agent is given actual notice of the City's immediate impoundment of the cart within twenty-four (24) hours following such impoundment and provided the cart owner or agent is given the location of the facility where the cart has been impounded.

2. Emergency Removal and Impoundment. With respect to any cart subject to this section, the Director, the City Manager and any other employee of the City may immediately remove and impound any such cart located on private property or in the public right-of-way in any instance where the location of the cart impedes emergency services or otherwise poses a hazard to the public. The City shall provide notice of such impoundment in accordance with subsection (C)(1) of this section.

3. Timely Retrieval from Impoundment. If the cart is reclaimed by the cart owner, the business establishment or their respective agents within three (3) business days following notice of the impoundment, the cart shall be released to the same at no charge, including any impound or storage fees or fines that would otherwise have been applicable under subsections (C)(4) and (C)(5) of this section. Furthermore, any cart reclaimed within the three (3) business-day period set forth in this subsection shall not be deemed an "occurrence" within the meaning of subsection (C)(5) of this section.

4. Payment of Costs and Storage Fees. With respect to any cart impounded in accordance with subsection (C)(1) or (C)(2) of this section, the owner of a cart and the business establishment furnished with the cart shall be jointly and severally liable for the City's actual cost of retrieval and storage for any cart that is not retrieved within three (3) business days following notice of its impoundment as required under subsection (C)(1) or (C)(2) of this section. By resolution, the City Council may adopt and from time to time amend a schedule of costs which reasonably estimates the cost of retrieving a cart and the per day cost of storing the same.

5. Payment of Fines. In addition to the costs and storage fees referenced in subsection (C)(4) of this section, the City may fine the cart owner and/or the business establishment in an amount that does not exceed fifty dollars ($50.00) for each occurrence in excess of three (3) occurrences during a specified six (6) month period. For purposes of this subsection (C)(5) of this section, the relevant six (6) month periods shall be January 1st through June 30th of each calendar year and July 1st through December 31st of each calendar year. As required under subdivision (f) of Section 22435.7 of the California Business and Professions Code, a single occurrence includes all carts impounded within a twenty-four (24) hour period.

6. Appeal of Costs, Fees and Fines. The decision of the Director or the City Manager to impose costs, fees and/or fines under this subsection C of this section shall be final unless appealed in writing within ten (10) calendar days of the imposition of the costs, fees and/or fine. All such appeals shall be filed at the office of the City Clerk.

7. Disposal of Unclaimed Carts. Any cart that remains unclaimed after thirty (30) days from the date notice of impoundment was received may be sold or otherwise disposed of by the City.

D. Delayed Impoundment.

1. Three-Day Retrieval Period. With respect to any cart subject to this section, the Director and the City Manager shall have authority to retrieve and impound any such cart located outside the property perimeter of the premises of the business establishment to which the cart is furnished, provided the cart has not been retrieved after three (3) business days' notice to the cart owner or the cart owner's agent of the discovery and location of the abandoned cart.

2. Payment of Costs and Fees. With respect to any cart impounded in accordance with subsection (D)(1) of this section, the owner of a cart and the business establishment furnished with the cart shall be jointly and severally liable for the City's actual cost of retrieval and storage. The City Council may adopt a schedule of costs which reasonably estimates the cost of retrieving a cart and the per day cost of storing an impounded cart.

3. Payment of Fines. In addition to the costs and storage fees referenced in subsection (D)(2) of this section, the City may fine the cart owner and/or the business establishment in an amount that does not exceed fifty dollars ($50.00) for each occurrence in excess of three (3) occurrences during a specified six (6) month period. For purposes of subsection D of this section, the relevant six (6) month periods shall be January 1st through June 30th of each calendar year and July 1st through December 31st of each calendar year. As required under subdivision (f) of Section 22435.7 of the California Business and Professions Code, a single occurrence includes all carts impounded in a twenty-four (24) hour period.

4. Appeal of Costs, Fees and Fines. The decision of the Director or the City Manager to impose costs and/or fines under subsection D of this section shall be final unless appealed in writing within ten (10) calendar days of the imposition of the costs and/or fine. All such appeals shall be filed at the office of the El Monte City Clerk.

5. Disposal of Unclaimed Carts. Any cart the remains unclaimed after thirty (30) days from the date notice of impoundment was received may be sold or otherwise disposed of by the City.

E. Proof of Ownership or Authorized Possession. All persons seeking to reclaim a cart impounded in accordance with this section shall be required to present documentation which establishes proof of ownership or authorized possession to the reasonable satisfaction of the Director or the City Manager. The presentation of such proof of ownership shall be an absolute defense of the Director, the City Manager and/or the City against any claim brought be a person contesting the true ownership to the cart.

F. Statutory Authorization. The procedures set forth under this section shall be enforced pursuant to and in accordance with Section 22435.7 of the California Business and Professions Code.

(Ord. 2704 §§ 9, 14 (part), 15 (part), 2007; Ord. 2691 § 1 (part), 2007)

A. Carts Subject to Section. This section shall apply to any cart which does not satisfy all of the signage requirements of set forth under Section 8.54.040 of this chapter.

B. Prohibition Against Abandonment. It is unlawful for any person to leave or abandon any cart subject to this section (i) upon any portion of the public right-of-way, including, but not limited to, any sidewalk, alley, street or roadway; (ii) upon any public property, including, but not limited to, any public park or school; or (iii) upon any portion of private property without the express permission of the property owner.

C. Prohibition Against Unauthorized Removal or Possession. It is unlawful for any person to do any of the following with any cart subject to this section without the written permission of the business establishment to which the cart is furnished:

1. Remove the cart from the premises of the business establishment;

2. Be in possession of the cart after it has been removed from the premises of the business establishment;

3. Be in possession of the cart with serial numbers removed, obliterated or altered;

4. Alter, convert, or tamper with the cart;

5. Remove any part or portion of the cart from the premises of the business establishment;

6. Remove, obliterate or alter serial numbers on the cart;

7. Be in possession of any such cart while that cart is not located on the premises of the business establishment.

Any cart that is owned by, provided to, or otherwise used by a business establishment or its customers in connection with the operations of the business establishment shall be considered to have been "furnished" to the business establishment for purposes of this section. No written permission contemplated under this subsection shall remain valid for a period in excess of seventy-two (72) consecutive hours from the date and time of its issuance. In order to be deemed valid and adequate, any documentation evidencing such written permission must include the following information: (i) the date and time upon which the permission was given; (ii) the name of the person who granted such permission on behalf of the cart owner or the business establishment to which the cart is furnished; (iii) the name of the person to whom such permission is granted; (iv) a brief description of the nature and scope of such permission; and (v) notice and instruction advising the person granted permission that abandonment of the cart is a violation of state law and the El Monte Municipal Code. Any person who has not been granted such permission or who fails to produce written documentation which adequately evidences the grant of such permission may be cited.

D. Impoundment Procedures. Any abandoned cart subject to this section may be immediately impounded, maintained and subsequently destroyed or otherwise disposed of in conformity with Section 2080.4 of the California Civil Code.

E. Procedures for Final Disposition of Carts. In the event a valid and up-to-date phone number or address for returning the cart does not appear on an abandoned cart, the Director shall deliver possession of the cart to the El Monte Police Department (hereinafter, the "Police Department"). The Police Department shall hold the cart for a period of at least three (3) months. If the cart remains unclaimed beyond the expiration of the three (3) month holding period, the cart may be sold for its reasonable scrap value or at a public auction to the highest bidder, with notice of such sale being given by the Director at least five (5) calendar days before the time fixed therefore by publication once in a newspaper of general circulation published in the county of Los Angeles.

F. Retrieval by Cart Owner. If the owner of an abandoned cart or the business establishment to which it was furnished appears within the three (3) month holding period, the Police Department shall release and surrender the cart to the cart owner subject to payment of any and all fines set forth under the El Monte Municipal Code and the payment of all actual costs for retrieving and storing the cart and any impoundment fees established by City Council resolution. The owner of any such cart and the business establishment to which the cart is furnished shall be jointly and severally responsible for the payment of any fines, storage costs and fees established or otherwise authorized under this section. All persons seeking to reclaim a cart impounded in accordance with this section shall be required to submit proof identification in the manner required under subsection E of Section 8.54.020.

G. Occurrence. Each cart subject to this section shall constitute a separate occurrence for purposes of imposing fines, storage fees and other impoundment fees.

(Ord. 2704 § 15 (part), 2007; Ord. 2691 § 1 (part), 2007)

A. Required Cart Signage. Every cart owned by, furnished to, or otherwise used by, a business establishment for use by its customers or employees shall have, permanently affixed and easily visible, a cart identification sign or engraved surface which includes the following information:

1. The name of the owner of the cart and the name of the specific business establishment to which the cart has been furnished if different from the cart owner;

2. Notice that the unauthorized removal and/or possession of the cart beyond the perimeter of the premises upon which the business establishment is located is a violation of the El Monte Municipal Code and the laws of the state of California;

3. A written explanation of the procedures to be followed for the authorized removal of a cart from the premises; and

4. A valid and up-to-date telephone number or a valid and up-to-date address for reporting the location of an abandoned cart so that it may be retrieved by the cart owner or the business establishment to which it is furnished.

Such mandatory cart signage shall be conspicuously located on each cart and all wording shall be in a font size of no less than sixteen (16) points so as to be easily visible and readable.

B. Parties Responsible for Cart Signage. The requirements of subsection A of this section shall be a joint and several responsibility of the cart owner and the business establishment to which the cart is furnished, if different from the cart owner.

C. Compliance Period. All cart owners shall be required to comply with this section within one hundred eighty (180) days from the effective date of the ordinance which codifies this chapter.

(Ord. 2704 §§ 10, 11, 15 (part), 2007; Ord. 2691 § 1 (part), 2007)

A. Business Permit Required. Any business establishment which is furnished with a cart that is provided to, or otherwise made available for use by its customers, agents or employees; or which otherwise uses a cart in connection with its operations shall be required to posses a valid business permit accompanied by a duly approved cart containment plan as set forth under Chapter 5.25 (Use of Shopping and Laundry Carts) of this code. Except as otherwise provided under this section, every business establishment shall be required to comply with all of the terms, conditions and other requirements of its most current business permit and the corresponding cart containment plan.

B. Compliance with Zoning Requirements and Land Use Approvals. Every business establishment shall be required to comply with all requirements of Section 17.60.060 of this code relating to the installation of physical containment measures designed to prevent the unauthorized removal of carts from a premises. Every business establishment shall be required to comply with all of the conditions of any and all applicable discretionary land use approvals (e.g., conditional use permits, minor use permits, variances, minor variances, design review approvals, subdivision maps, parcel maps and the like) approved by the El Monte Planning Commission or the El Monte City Council on appeal, including all such conditions of approval relating to the installation and/or implementation of devices and/or practices designed to contain carts within the premises of the business establishment.

C. Conflicts with Land Use Approvals. In the event of any conflict or inconsistency between the express requirements or conditions of any discretionary land use approvals and the express requirements or conditions of any applicable business permit or cart containment plan approved by the Permit Committee, the terms of the discretionary land use approval shall control but only in so far as there is a conflict or inconsistency and no further. Unless expressly stated under the terms or conditions of any land use approval, nothing in any such approval shall be construed to prohibit the Permit Committee from imposing additional cart containment requirements in accordance with Chapter 5.25 (Use of Shopping and Laundry Carts).

D. Commencement of Business Permit Requirement. All business establishments shall be required to comply with subsection A of this section within one hundred twenty (120) days from the effective date of this chapter. Subsections B and C of this section shall take effect upon the effective date of this chapter.

(Ord. 2691 § 1 (part), 2007; Ord. 2704 §§ 12, 15 (part), 2007; Ord. No. 3023, § 4.C(Exh. C), 5-2-2023)

A. Criminal Prosecution. Any person who violates any of the provisions of Section 8.54.010 or 8.54.020 shall be guilty of a misdemeanor as provided under Section 22435.3 of the California Business and Professions Code. Violations of Section 8.54.010, Section 8.54.020 and all other provisions of this chapter shall also constitute a misdemeanor as set forth under subsection A of Section 1.24.010 of this code and any person so convicted shall be punishable in accordance with subsection A of Section 1.24.010.

B. Administrative Citation Process. In lieu of criminal prosecution pursuant to subsection A of this section, violations of this chapter may be prosecuted by the issuance of an administrative citation issued pursuant to the provisions of Chapter 1.18 (Administrative Citations) of this code.

(Ord. 2704 § 15 (part), 2007; Ord. 2691 § 1 (part), 2007)

The provisions of this chapter are cumulative and in addition to any and all other procedures or remedies provided under this code or the laws of the state of California for the abatement of, or prosecutions for, nuisances. The proceedings for abatement pursuant to this chapter shall not prejudice nor affect any other action, whether civil, criminal, equitable or administrative, for the abatement or other remedy of such conditions.

(Ord. 2691 § 1 (part), 2007)

A. Notices. Any notices or written communication issued by the Director, the Permit Committee or any other official, officer or employee of the City which are required under this chapter shall be conclusively deemed received by the recipient on the date of personal service or three (3) consecutive days following deposit of the same in the United States Mail, certified and properly addressed. In the event contact information for a cart owner or a business establishment changes, the cart owner or business establishment, whichever the case may be, shall provide the Director and the Permit Committee with an update within three (3) business days of said change.

B. Deadline Dates. If any deadline date set forth under this chapter falls on a date in which the City of El Monte is not open for business, the deadline date shall be extended to five-thirty p.m. of the next day in which the City of El Monte is open for business.

(Ord. 2704 §§ 14 (part), 15 (part), 2007; Ord. 2691 § 1 (part), 2007)

A. Except as otherwise provided herein, this chapter shall be administered and enforced by the Director and the Permit Committee. Subject to approval by City Council resolution, the Director and the Permit Committee are authorized to promulgate, implement and enforce such rules, regulations and procedures as may be desirable, necessary or appropriate for the enforcement of this chapter and other provisions of this code relating to the use of carts.

B. The Director and the Permit Committee are authorized to enter into, on or upon any, public area to examine a cart or parts thereof, or to obtain information as to the identity of the cart owner, or to retrieve carts in accordance with the provisions of this chapter. Nothing in this section is intended to prohibit or otherwise limit the authority of the Director and/or the Permit Committee to enter private property pursuant to permission granted by the owner or occupant thereof or pursuant to any duly issued inspection warrant or other court order.

C. In the event the City of El Monte delays enforcement of the provisions of this chapter against any person, the City of El Monte fully retains its right to prosecute or penalize violations in accordance with the powers granted herein. The City of El Monte shall not waive any violations of this chapter.

(Ord. 2704 § 14 (part), 2007; Ord. 2691 § 1 (part), 2007)

For purposes of this chapter, the following words, phrases and terms shall have the meanings set forth as follows:

Abandoned Cart. The term "abandoned cart" means (i) any cart owned by, or otherwise furnished to, a business establishment which is placed or otherwise located outside of outer perimeter of the premises upon which business establishment is located; or (ii) any other cart left unattended in the public right-of-way, on a public street or on private property without the consent of the private property owner.

Business Establishment. The term "business establishment" refers to any person, as defined herein, engaged in a for-profit or non-profit enterprise, undertaking or activity for which a City of El Monte business license and/or business permit is required, including but not limited to any for-profit commercial retail business or enterprise.

Cart. The term "cart" means either a shopping cart or a laundry cart as defined herein.

Cart Owner. The term "cart owner" means (i) any person who owns a cart that is use or otherwise located within the City of El Monte; (ii) any business establishment located in the City of El Monte which is furnished with a cart for use by its customers, agents, or employees; or (iii) any business establishment which uses a cart in connection with its operations in the City of El Monte.

City. The capitalized term "City" means the City of El Monte, California.

City Council. The term "City Council" means the City Council of the City of El Monte.

City Manager. The term "City Manager" means the City Manager for the City of El Monte or designee.

Director. The term "Director" means the Chief of Police of the City of El Monte or designee.

Laundry Cart. The term "laundry cart" means any basket or other like container of any size, dimension or material construction which is mounted on wheels and used in a cash operated laundry or dry cleaning business establishment by the customer, agents, employees typically, but not necessarily exclusively, for the purpose of transporting clothing, fabrics and/or the supplies necessary to process them.

Lot; Lot Area. The term "lot" means a parcel of real property shown with a separate and distinct number on a plot of map recorded or filed with the Registrar-Recorder/County Clerk for the county of Los Angeles, or as otherwise deemed under the Subdivision Map Act. The term "Lot Area" means the total horizontal area within the lot lines of a lot (excluding public streets and other public rights-of-way).

Parking Area. The term "parking area" means any area within the perimeter of a premises as defined herein that is designated or otherwise used for the parking, stopping, loading or unloading of vehicles, including, but not limited to, any and all motor vehicles used by customers of the business establishment located on the premises.

Permit Committee. The term "Permit Committee" means the El Monte Permit Committee organized under Chapter 5.12 (Business Permits Generally) of this code.

Person. The term "person" means and includes, but is not limited to, any natural person, individual, firm, association, organization, sole proprietorship, general partnership, limited partnership, corporation, limited liability company, limited liability partnership, business trust, living trust, joint venture or any other legal entity. The term "person" as applied under this chapter is to be given the broadest possible meaning and is inclusive of any business establishment or cart owner.

Premises. The term "premises" means the lot area or portion thereof owned, leased, managed, maintained, occupied or otherwise used by a business establishment, including all buildings, structures parking areas, public areas, common areas owned, leased, managed, maintained, occupied or otherwise used by the business establishment or the customers, agents or employees of a business establishment in connection with, or in the furtherance of, its operations.

Public Area. The term "public area" means any real property within the territorial boundaries of the City of El Monte that is open to, or otherwise accessible by, members of the general public, including, but not limited to, any public right-of-way, any public street and those areas of privately owned real property that are customarily open to, or otherwise accessible by, members of the general public such as the parking areas or common areas within a premises as defined herein.

Shopping Cart. The term "shopping cart" means any basket or other like container of any size, dimension or material construction which is mounted on wheels or a similar device and is typically (but not necessarily exclusively) used by the customers, agents or employees of a retail business establishment for the purpose of transporting goods of any kind.

(Ord. 2704 §§ 13, 14 (part), 15 (part), 2007; Ord. 2691 § 1 (part), 2007)

A. The abandonment of carts on public property or upon the public right-of-way (including, but not limited to, public streets and sidewalks) as well as the unauthorized abandonment of carts upon private property constitutes a public nuisance that adversely effects the public health, safety and welfare in multiple ways set forth in subsection B of this section below.

B. The El Monte City Council has adopted this chapter in consideration of the following findings:

1. Abandoned carts contribute to visual blight that adversely impacts the image and quality of life in a community by contributing to a sense and atmosphere of neglect, decay, and public apathy. Abandoned carts can also become unsightly receptacles for trash and other debris and can even become trash themselves when damaged. The proliferation of abandoned carts also has an adverse impact on property values and generally undermines efforts to promote individual responsibility for the maintenance, upkeep and appearance of a community.

2. Abandoned carts are potential hazards to pedestrians and motorists alike as they can roll onto, or block, pedestrian and motor vehicle rights-of-way and even block sidewalk access to wheelchair bound residents and other persons with impaired mobility.

3. As determined by the American Academy of Pediatrics and news media reports on the subject, the design of many carts poses an inherent danger to young children in the form of tip-overs even when parents are present. It follows that abandoned carts pose an even greater threat to children who are attracted to carts, in the absence of any parental supervision whatsoever, when such devices are left abandoned on public streets, parks or other places where children pass or congregate.

4. Stolen and abandoned carts are all too frequently used to facilitate the unlawful scavenging of recyclable materials from City-authorized waste receptacles thereby undermining the City's efforts to meet certain recycling and waste diversion goals.

5. A significant number of the carts collected at the City's expense included carts that were not promptly collected by business establishments, including those who purportedly retain the services of companies in the business of shopping cart or laundry cart retrieval. The delayed or untimely retrieval of carts increases the likelihood that they will cause harm and/or be misused.

6. Although the installation of physical containment measures will involve an initial investment in containment equipment, a long term savings should be realized by business establishments, consumers/residents, and the City as the need for costly ongoing retrieval is diminished.

7. Section 22435 et seq. of the California Business and Professions Code (hereinafter, the "State Scheme"). The state scheme relates to the following: (i) the manner by which abandoned carts which satisfy certain marking and identification requirements set forth under Business and Professions Code Section 22435.1 may be impounded by municipalities; (ii) the circumstances under which certain statutorily specified penalties and costs may (or may not) be imposed upon the owner of a properly marked cart as a result of its abandonment by a third-party and subsequent impoundment by a municipality; and (iii) the circumstances under which the removal, alteration or abandonment of a properly marked cart may be deemed unlawful and thereby become punishable as a misdemeanor.

8. In recognition of finding in subsection (B)(7) of this section, this chapter is not in conflict with, or otherwise preempted by, the provisions of the state scheme in that provisions of this chapter do not expressly conflict with any provision of the state scheme and largely track the provisions of the state scheme.

9. This chapter is found to satisfy the provisions of Business and Professions Code Section 22435.8 which provides that the state scheme (Business and Professions Code Section 22435 et seq.) "shall not invalidate an ordinance of, or be construed to prohibit the adoption of an ordinance by, a City...which ordinance regulates or prohibits the removal of shopping carts or laundry carts from the premises or parking area of a retail establishment except to the extent any provision of such an ordinance expressly conflicts with any provision of the [State Scheme].

(Ord. 2704 § 14 (part), 2007; Ord. 2691 § 1 (part), 2007)