Hawaiian Gardens Municipal Code Ch. 9.71 Abandonment of Shopping Carts

The City finds that the accumulation of wrecked, dismantled and abandoned shopping carts, or parts thereof, on public or private property, tends to create conditions that could impede emergency services, reduce property values, promote blight and deterioration, comprises an attractive nuisance, creates potential hazards to the health and safety of the community, and interferes with pedestrian and vehicular traffic within the City. As such, the wrecked, dismantled and abandoned carts are injurious to the health, safety and general welfare and are aesthetically detrimental to the community.

(Ord. 441 § 2, 1997)

The presence of wrecked, dismantled or abandoned shopping carts, or parts thereof, on public property or private property, is declared to constitute a public nuisance that could impede emergency services, reduces property values, promote blight and deterioration, comprises an attractive nuisance, creates potential hazards to the health and safety of the community, and interferes with pedestrian and vehicular traffic within the City.

(Ord. 441 § 2, 1997)

Cart means a basket which is mounted on wheels or a similar device generally used in a retail or wholesale establishment by a customer for the purpose of transporting goods of any kind, including, but not limited to, grocery and retail store shopping carts and laundry carts.

Cart owners or owner means every person who, in connection with the conduct of a business, including but not limited to grocery stores, retail or wholesale stores, discount stores, lumber and hardware stores, and laundries, owns, rightfully possesses, or makes any cart available to patrons and/or the public. This shall include the owner's agent or authorized representative.

Person means any person, corporation, partnership, association, joint stock company or other entity.

Placarded cart means a cart that has a sign affixed to it, containing all the information required in accordance with Section 22435.1 of the Business and Professions Code.

Private property means property owned by other than a public entity. Private property shall not include the property owned or shared in common by the cart owner.

(Ord. 441 § 2, 1997)

Except as otherwise provided herein, the provisions of this subchapter shall be administered and enforced by the City. In the enforcement of this subchapter, the City may enter upon public or private property in a manner consistent with the United States and California Constitutions to examine a cart, or parts thereof, or to obtain information as to the identity of the owner of a cart.

(Ord. 441 § 2, 1997)

A. Every cart owner shall conspicuously mark each cart in their possession, in accordance with the provisions of Section 22435.1 of the Business and Professions Code.

B. If the owner authorizes the removal of any cart from its business premises, the owner shall establish a written policy including a verifiable and reliable system to ensure the cart will be returned or retrieved within 24 hours. Said written policy shall be disclosed to the City upon request.

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

(Ord. 441 § 2, 1997)

It is unlawful for any person other than the cart owner or their authorized representative to remove a cart from the premises of the business that owns or rightfully possesses the cart, unless the cart owner expressly authorizes removal of the cart in writing.

(Ord. 441 § 2, 1997)

It is unlawful for any person, or an agent thereof, to leave or permit to be left, any cart, either owned by him/her or in his/her possession, custody or control, upon any sidewalk, street, or other public place, or upon any private property.

(Ord. 441 § 2, 1997)

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

1. The cart is located outside of the premises or parking lot of the retail establishment which owns the placarded cart;

2. The owner of the placarded cart or his/her agent has received notice of its location from the City;

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

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

C. Notwithstanding subsection A. of this section, the City is authorized to immediately retrieve any placarded cart from any public or private property in instances where the location of the cart may impede emergency services. Locations in which carts 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 class I or class II bike path.

5. 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.

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

7. 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.

8. 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.

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

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

11. The cart is located within 15 feet of a flood control catch basin.

12. The cart is located in a flood control channel.

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

D. Notwithstanding subsections A., B. and C. of this section, a private or public (other than the City) property owner may bring to the City's impound yard, any abandoned cart that may be found on their property.

E. Notwithstanding subsections A., B., and C. of this section, an abandoned placarded or unplacarded cart may be impounded as part of a criminal investigation.

(Ord. 441 § 2, 1997)

A. Enforcement. The City may enforce this chapter through any available legal means, including but not limited to civil enforcement, criminal prosecution, or nuisance abatement.

B. Notice. Whenever the City removes or takes custody of a cart, the City shall notify the owner advising that such a cart is held by the City and that the cart must be redeemed within 30 days and upon payment of any redemption fees and/or fines. If the cart is not marked entirely in accordance with Section 22435.1 of the Business and Professions Code, no such notice shall be required.

C. Redemption fees. A redemption fee shall be charged to each owner for each cart recovered. The redemption fee shall include the actual cost of recovery service, storage, and cart owner notification process, of any cart, or parts thereof, plus all administrative costs in connection therewith. The redemption fee shall be established or modified by resolution of the City Council.

D. Fines. A fine of $50.00 for each occurrence in excess of three during any six-month period shall be made for failure to retrieve carts. An occurrence includes all carts impounded by the City in a one-day period.

(Ord. 441 § 2, 1997)

A. Owners of carts or their authorized representatives, may, upon prior appointment, inspect carts removed to the appropriate facility to determine if any of their carts are present and may redeem such carts upon proof of ownership and payment of the redemption fee and/or fine.

B. An impounded cart may be redeemed by the owner at any time prior to disposal or destruction. The owner shall be entitled to receive the cart upon payment of the redemption fee and/or any fine.

C. No cart shall be released to a person seeking to redeem such cart, unless proof is submitted establishing to the satisfaction of the City such person's ownership or right to possession.

D. Any release to a person deemed entitled thereto by the City from the proof submitted shall be an absolute defense of the City against any other person claiming to be entitled thereto.

(Ord. 441 § 2, 1997)

A. Any cart not reclaimed from the City within 30 days of receipt of a notice of impoundment by the owner of the cart, may be sold or otherwise disposed of by the City.

B. In the event a cart remains unclaimed, is disposed of or destroyed, the City reserves its right to collect the redemption fee and/or fine from the cart owner.

(Ord. 441 § 2, 1997)

Any disposition of such cart made pursuant to this chapter shall impose no liability of the City to the owner of such cart or other person lawfully entitled thereto or having an interest therein.

(Ord. 441 § 2, 1997)