Lindsay Municipal Code § 8.18 Lost, Stolen Or Abandoned Shopping Carts

The proliferation of lost or stolen shopping carts abandoned or discarded on public and private property causes blighting conditions in the community, results in the obstruction of free access to public and private sidewalks, streets, parking lots and other ways, and impedes emergency services. For the aforesaid reasons, such lost, stolen or abandoned shopping carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this chapter. The purpose of this chapter is to set forth reasonable regulations for the removal of lost, stolen, or abandoned shopping carts from public or private property, to complement and supplement provisions of state law, and to adopt local regulations to the extent not otherwise preempted by state statute.

(Ord. 502 § 1 (part), 2001)

For the purpose of this chapter, certain terms are defined as follows:

"Enforcement personnel" means an employee of the city of Lindsay who has been designated to enforce various elements of this chapter.

"Custodian" means an employee of the city of Lindsay who has been designated to be the custodian of shopping carts as defined in this chapter.

"Laundry cart" means a basket which is mounted on wheels and used in a coin-operated laundry or dry cleaning retail establishments by a customer or an attendant for the purpose or transporting fabrics and the supplies necessary to process them.

"Police officer" means a police officer employed by the city.

"Required identification" means all of the information required pursuant to the provisions of Section 22435.1 of the Business and Professional Code of the State of California.

"Shopping cart" means 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.

The term "shopping cart" includes a laundry cart.

(Ord. 502 § 1 (part), 2001)

The provisions of this chapter shall be enforced by any enforcement personnel, including, but not limited to police officers. To the extent otherwise permitted by law, said enforcement personnel may enter onto any public or private property in the city to retrieve, remove, store and dispose of any lost, stolen or abandoned shopping cart, or any part thereof. Any act authorized to be performed by the city pursuant to any provisions of this chapter may be performed by any enforcement personnel.

(Ord. 502 § 1 (part), 2001)

1. The city may immediately retrieve any lost, stolen or abandoned shopping cart within the city where the location of the shopping cart will impede emergency services within the meaning of Section 22435.7(c) of the Business and Professions Code of the State of California.
2. The city may immediately retrieve any lost, stolen or abandoned shopping cart within the city which shopping cart does not have the required identification affixed thereto.
3. The city may retrieve any lost, stolen or abandoned shopping cart within the city which shopping cart has the required identification affixed thereto after providing the requisite notice to the owner of the shopping cart, or his agent, as required by Section 22435.7(b) of the Business and Professions Code of the State of California unless such notice has been voluntarily waived by the owner or his or her agent.

(Ord. 502 § 1 (part), 2001)

1. Any shopping cart retrieved by the city pursuant to Section 8.18.040 above, or pursuant to Section 22435.7 of the Business and Professions Code, shall be impounded and removed to the cart storage yard.
2. Any shopping cart which does not have the required identification affixed thereto and is impounded by the city shall be stored and disposed of as follows.
3. The enforcement personnel retrieving the shopping cart shall attach a tag thereto, or make a written report, identifying the date, time and general location from where the shopping cart was removed as well as the name of the enforcement personnel who retrieved the shopping cart.
4. The shopping cart shall be delivered and custody thereof given to the custodian at the cart storage yard.
5. If the shopping cart has the name, address, telephone number, or other identifying marks of any retail establishment or person thereon, the city shall attempt to notify such establishment or person of the retrieval and location of the shopping cart and provide an opportunity for such establishment or person to establish ownership or the right to possession of the retrieved shopping cart to the custodian. In addition, if the shopping cart was retrieved from private property, the city shall attempt to notify the owner or occupant, if any of such property and provide an opportunity for such owner or occupant to establish ownership or the right to possession of the retrieved shopping cart to the custodian.
6. The shopping cart shall be released to any establishment or person who submits evidence satisfactory to the custodian to prove ownership or the right to possession of the shopping cart. The shopping cart shall be released only upon payment of the retrieval fee and applicable storage charges as established by resolution of the city council of the city; provided, however, no fee shall be charged in any instance where the owner or person entitled to possession of the shopping cart proves to the satisfaction of the custodian that said shopping cart was not a lost, stolen or abandoned shopping cart within the meaning of this chapter.
7. If the owner or other person or establishment entitled to possession of a lost, stolen or abandoned shopping cart does not appear and present evidence satisfactory to the custodian for the release of the shopping cart within ninety calendar days following the date said cart is retrieved by the city, the shopping cart may be sold or disposed of by the custodian.
8. Any shopping cart which has the required identification affixed thereto and is impounded by the city following compliance with the applicable provisions of this chapter shall be stored and disposed of as follows:
9. The enforcement personnel retrieving the shopping cart shall attach a tag thereto, or make a written report, identifying the date, time and general location from where the shopping cart was removed as well as the name of the enforcement personnel who retrieved the shopping cart.
10. The shopping cart shall be delivered and custody thereof given to the custodian at the cart storage yard.
11. The city shall provide a written notice of violation to the retail establishment or owner as identified on the required identification informing such owner or establishment of the retrieval and location of the shopping cart. In addition, if the shopping cart was retrieved from private property, the city shall attempt to notify the owner or occupant, if any, of such property of the retrieval and location of the shopping cart and provide an opportunity for such owner or occupant to establish ownership or the right to possession of the retrieved shopping cart to the custodian.
12. The shopping cart shall be released to any establishment or person who submits evidence satisfactory to the custodian to prove ownership or the right to possession of the shopping cart. The shopping cart shall be released only upon payment of the fine, if any, established by this chapter, the redemption fee and applicable storage charges as established by resolution of the city council of the city; provided, however, no fee or charges shall be imposed or required in any instance where the owner or person entitled to possession of the shopping cart proves to the satisfaction of the custodian that said shopping cart was not a lost, stolen or abandoned shopping cart within the meaning of this chapter.
13. If the owner or other person or establishment entitled to possession of the shopping cart does not appear and present evidence satisfactory to the custodian for the release of the shopping cart within thirty calendar days following the date of the notice of violation provided herein, the shopping cart may be sold or disposed of by the custodian.

(Ord. 502 § 1 (part), 2001)

Any decision of the custodian pursuant to this chapter shall be subject to appeal to the city manager of the city by filing a written notice of appeal, and specifying the grounds therefore, with the city clerk of the city within ten calendar days following the date of said decision by the custodian. In the absence of a timely filed appeal, the decision of the custodian shall be final. If a timely appeal is filed, the city clerk shall notify the appellant of the date, time and place where such appeal will be considered by the city manager. In such instances, the decision of the city manager shall be final.

(Ord. 502 § 1 (part), 2001)

The owner of a shopping cart shall pay a fine, and there is hereby imposed upon such owner as a debt owing to the city, in an amount which is set by resolution of the City Council in accordance with Section 22435.7 of the Business and Professions Code of the State of California.

(Ord. 604 2023, Ord. 502 § 1 (part), 2001)

Notwithstanding any other provision of this chapter to the contrary, nothing contained in this chapter shall be deemed to impose a requirement upon the city with regard to advance notice to a shopping cart owner or retail establishment prior to the retrieval and impounding of a shopping cart to the extent the city and the owner or retail establishment have entered into an agreement which waives such requirement. Nothing contained herein shall require the city and any owner or retailer to enter into any such agreement. The city manager of the city is authorized to enter into such agreements on behalf of the city.

(Ord. 502 § 1 (part), 2001)