Modesto Municipal Code Art. 3 Retrieval of Shopping Carts by City

(a) The City of Modesto may impound a shopping cart when the following conditions exist:

(1) The shopping cart is located on a public right-of-way;

(2) In instances where the location of a shopping cart will impede emergency services, the City is authorized to immediately retrieve the shopping cart from public or private property; and

(3) Except as provided in Section 4-16.302, 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 on private property; and

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

(ii) The shopping cart has a sign affixed to it as required by Section 4-16.201 of this Code.

(b) Any shopping cart that is impounded by the City pursuant to Section 4-16.301 shall be held at a location that is both:

(1) Reasonably convenient to the owner of the shopping cart; and

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

(c) 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 City.

(d) In addition to any other remedy available by law, the City may impose an administrative penalty on the owner of a shopping cart in an amount not to exceed fifty dollars ($50.00) for each occurrence in excess of three (3) during a specified six (6) month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one (1) day period.

(e) The City is authorized to recover actual costs incurred for impounding a shopping cart under the authority provided in subsections (a) and (b) above.

(Ord. 3486-C.S., § 1, effective 6-5-08)

Notwithstanding Section 4-16.301(a)(3), the City may impound a shopping cart that otherwise meets the criteria set forth in Sections 4-16.301(a)(1) and/or, 4-16.301(a)(2) without complying with the three (3) day advance notice requirement provided that:

(a) The owner of the shopping cart, or his or her agent, is provided actual notice within twenty-four (24) hours following the impound and that the notice informs the owner, or his or her agent, as to the location where the shopping cart may be claimed.

(b) Any shopping cart so impounded shall be held at a location in compliance with Section 4-16.301.

(c) Any shopping cart reclaimed by the owner, or his or her agent, within three (3) business days following the date of actual notice shall be released and surrendered to the owner or agent without charge. Thereafter, if a cart is not retrieved within three (3) business days of notification by the City then an impound fee as established by the City Council, shall be imposed. Any cart reclaimed within the three (3) business day period shall not be deemed an occurrence for purposes of Sections 4-16.401 and 4-16.301(d).

(d) Any shopping cart not reclaimed by the owner, or his or her agent, within three (3) business days following the date of actual notice shall be, in addition to payment of an impound fee, required to pay a storage fee commencing on the fourth business day following the date of the notice, as established by the City Council.

(e) Any shopping cart not reclaimed by the owner, or his or her agent, within thirty (30) days of receipt following the date of actual notice may be sold or disposed of as provided for in Section 4-16.301(c). The proceeds shall be applied against the impound and storage fees due. In the event there are excess proceeds, the City shall refund the amount to the owner. If the proceeds are not sufficient to cover the costs, the City shall bill the owner for the remainder.

(Ord. 3486-C.S., § 1, effective 6-5-08)

Specific physical measures may be required by the City to prevent cart removal from the business premises if the business has had more than three (3) carts impounded in any six (6) month period. These measures may include, but are not limited to: ordering the business to immediately install disabling devices on all of their shopping carts, requiring the posting of a security guard to deter and stop customers who attempt to remove carts from the premises, installation of bollards, chains or similar devices around the premises to prevent cart removal, requiring a security deposit of customers for the use of all carts, or requiring that the business provide for the rental or sale of carts that can be temporarily or permanently used by customers for transport of purchases to a location outside the premises.

(Ord. 3486-C.S., § 1, effective 6-5-08)