Mountain View Municipal Code Art. IV Impoundment and Disposal of Abandoned Shopping Carts

The city council hereby finds that the accumulation of wrecked, dismantled and abandoned shopping carts, or parts thereof, on public or private property, tends to create conditions that reduce property values, promote blight and deterioration, constitute an attractive nuisance, create potential hazards to the health and safety of minors and interfere 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. No. 26.95, 12/12/95.)

"Cart" shall mean 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, including, but not limited to, grocery store shopping carts.

"Cart owner" or "owner" shall mean every person who, in connection with the conduct of a business, including but not limited to a food dispensing business, owns, rightfully possesses or makes any cart available to patrons or the public and shall include the owner's agent.

"Person" shall mean any person, corporation, partnership, association, joint stock company or other entity.

"Private property" shall mean property owned by other than a public entity, including a street as defined in this chapter. Private property shall not include the property owned or shared in common by the cart owner.

"Street" shall mean a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, sidewalk, parks, parking lots and parking area.

(Ord. No. 26.95, 12/12/95.)

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.

(Ord. No. 26.95, 12/12/95.)

Every cart owner shall conspicuously mark each cart with the name, address and telephone number of the owner. Such identification shall be in the form of a metal or plastic tag or plate securely fastened to the cart or a cutting or engraving on the frame of the cart. 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 twenty-four (24) hours. Said written policy shall be disclosed to the city upon request.

(Ord. No. 26.95, 12/12/95.)

It shall be unlawful for any person other than the cart owner to remove the cart from the premises of the business that owns or rightfully possesses the cart, unless the cart owner expressly authorizes removal of the cart.

(Ord. No. 26.95, 12/12/95.)

It shall be 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. No. 26.95, 12/12/95.)

When a cart is left standing on any public or private property, the shopping cart shall be deemed to be abandoned and, therefore, a public nuisance pursuant to this article. If a cart is left standing on any public or private property, the owner shall be responsible for the removal and disposition of the abandoned shopping cart as provided in this article.

(Ord. No. 26.95, 12/12/95.)

a. City removal. The city may enforce this article through any available legal means, including but not limited to civil enforcement, criminal prosecution or nuisance abatement. The city may also summarily remove abandoned cart(s) to the city's municipal operations center (MOC).

b. Notice. Whenever the city removes or takes custody of a cart, the city shall notify the owner advising that such cart is held by the city and that the cart may be redeemed within fifteen (15) days upon payment of the redemption fee. If the cart is unmarked, no such notice shall be required.

c. Redemption fee. The redemption fee shall be established or modified by resolution of the city council and shall include actual cost of removal and storage of any cart, or parts thereof, plus the proportional share of administrative costs in connection therewith.

(Ord. No. 26.95, 12/12/95.)

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

b. Owners of carts may, upon prior appointment, inspect carts removed to the MOC to determine if any of their carts are present and may redeem such carts upon proof of ownership and payment of the redemption fee.

(Ord. No. 26.95, 12/12/95.)

Thirty (30) days after notice to the owner, any unclaimed carts may be disposed of or destroyed by the city. Carts that are unidentifiable as to ownership may be disposed of by the city thirty (30) days after impounding.

In the event a cart remains unclaimed, is disposed of or destroyed, the city reserves its right to collect the redemption fee from the cart owner.

(Ord. No. 26.95, 12/12/95.)

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. No. 26.95, 12/12/95.)