Maywood Municipal Code Ch. 28 Shopping Carts

As used in this chapter:

(a) "Shopping cart" means a basket which is mounted on wheels or a similar service generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.

(b) "Laundry cart" means a basket which is mounted on wheels and used in a coin-operated laundry or drycleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them.

(c) "Parking area" means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle.

(d) "Permanently affixed sign" shall mean that a shopping cart or a laundry cart has a sign permanently affixed to it that identifies the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law; and lists a valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer.

(§ 1, Ord. 97-445, eff. July 24, 1997)

(a) A shopping cart that has a permanently affixed sign may be impounded and processed in accordance with this section by any authorized employee of the City of Maywood, 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 (3) 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.

(b) In instances where the location of a shopping cart will impede emergency services the city may immediately retrieve the shopping cart from public or private property.

(c) The City may recover its actual costs for notifying the owner, retrieving and storing any shopping cart impounded under the authority provided in subdivisions (a) and (b).

(d) Any shopping cart that is impounded by the City pursuant to subdivisions (a) and (b) shall be held at a location that is both:

(1) Reasonably convenient to the owner of the shopping cart.

(2) Open for business at least six (6) hours of each business day.

(e) Any owner of a shopping cart who fails to retrieve an impounded shopping cart in accordance with this section shall be fined in an amount not to exceed Fifty and no/100ths ($50.00) Dollars for each occurrence in excess of three (3) during a specified six (6) month period. An occurrence includes all shopping carts impounded in accordance with this section in a one-day period.

(f) Any shopping cart not reclaimed from the city within thirty (30) days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the entity in possession of the shopping cart.

(§ 1, Ord. 97-445, eff. July 24, 1997)

(a) Notwithstanding any other provision of this Code to the contrary, any person violating any of the provisions of California Business and Professions Code Section 22435.2 relating to unlawful removal or possession of shopping carts or laundry carts containing a permanently affixed sign may be issued a "Notice to Return Shopping Cart" in lieu of a criminal citation. Said notice shall require the person in possession of said shopping cart to return the shopping cart to the store designated as the rightful owner thereof within twenty-four (24) hours of issuance of the notice (or if the store designated as owner is not open on the day following issuance of the notice, then by the same time of day on the next day the store is open). The person issued such notice shall secure a receipt from the store which receipt identifies the cart returned with as much specificity as possible, and shall deliver such receipt to the Police Department of the City of Maywood within twenty-four (24) hours after return of the shopping cart.

(b) In the event a person who has not already delivered a receipt to the Police Department within the preceding thirty (30) days and has not been prosecuted criminally for violation of California Business and Professions Code Section 22435.3 within the preceding twelve (12) months, fully complies with the requirements of subsection (a) hereof, the Police Department of the City may exercise discretion by not citing such person for violation of Section 22435.3.

(c) Any person who fails to fully and timely comply with the requirements of subsection (a) hereof may be prosecuted for a misdemeanor violation in accordance with California Business and Professions Code Section 22435.3.

(§ 1, Ord. 97-445, eff. July 24, 1997)