Article X — SHOPPING CARTS

SEC. 7-165. DECLARATION OF PUBLIC NUISANCE.

The city council finds and declares that the accumulation and storage of wrecked, dismantled, or abandoned shopping carts, or parts thereof, on public or private property reduces property values, promotes blight and deterioration, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is aesthetically displeasing and injurious to the health, safety and general welfare of the community. Therefore, the presence of wrecked, dismantled, or abandoned shopping carts, or parts thereof, on public or private property, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(`64 Code, Sec. 19-70.1) (Ord. No. 2380)

SEC. 7-166. DEFINITIONS.

For purpose of this article, the following words shall have the following meanings:

(A) PUBLIC PROPERTY - Includes, but is not limited to, all areas dedicated to public use for parks, parking lots, street purposes, roadways, parkways, alleys, sidewalks, flood control channels and any public right-of-way.

(B) SHOPPING CART - A metal or plastic basket that is mounted on wheels or a similar device generally used in retail establishments by a customer for the purpose of transporting goods of any kind.

(`64 Code, Sec. 19-70.2) (Ord. No. 2380)

SEC. 7-167. ABANDONED SHOPPING CART.

(A) When a shopping cart is left standing on any public or private property, the shopping cart shall be deemed to be abandoned and to constitute a public nuisance. This subsection shall not apply to shopping carts left standing on the private property of the owner of the shopping cart, as such owner is identified by the sign affixed to the shopping cart as required by section 7-170.

(B) If a shopping cart is left standing on any public or private property or if the shopping cart does not bear the sign required by section7-170, the owner of the shopping cart shall be responsible and liable for the costs of removal and storage of the abandoned shopping cart.

(C) The city manager may exempt a shopping cart owner from the provisions of subsection (B) of this section if the shopping cart owner has implemented a plan whereby the shopping cart owner's employees retrieve shopping carts, or whereby the shopping cart owner has entered into a contract with a shopping cart retrieval service and has provided the city manager with proof of such contract, provided the frequency of the shopping cart retrieval service is satisfactory to the city manager.

(`64 Code, Sec. 19-70.3) (Ord. No. 2380)

SEC. 7-168. ADMINISTRATION AND ENFORCEMENT.

The provisions of this chapter shall be administered and enforced by the city manager, who may enter onto public or private property to examine a shopping cart or parts thereof, to obtain information as to the identity of a shopping cart and to cause the abatement and removal of shopping carts declared to be a nuisance.

(`64 Code, Sec. 19-70.4) (Ord. No. 2380)

SEC. 7-169. ASSESSMENTS FOR SHOPPING CART REMOVAL; NOTICE, HEARINGS, SALE.

(A) Upon the abatement and removal of any shopping cart located on public or private property, the city manager shall notify the owner thereof, if the same can be ascertained, by mailing a notice of abatement to the last known address of the owner. Such notice shall state the date the shopping cart was removed from public or private property, the location and procedure for retrieval of the shopping cart, and that in order to receive a hearing about the removal of the shopping cart, the owner or its agent shall submit a request for such hearing to the city manager either in person or in writing within ten days of the date appearing on the notice.

(B) Any shopping cart removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within 30 days after such removal and upon the payment of reasonable administrative fees. Such administrative fees may be waived if a determination is made at a hearing that the administrative fees are unduly burdensome or otherwise unfair.

(C) The administrative fees for the removal and storage of the shopping cart shall be established or modified by resolution of the city council and shall include the actual cost of removal and storage of any shopping cart, or parts thereof, plus the proportional share of administrative costs in connection therewith.

(D) Any hearing shall be conducted within five days of the receipt of the request for such hearing, excluding weekends and holidays, by the city manager, who shall be the hearing officer. The failure of either the owner or its agent to request a hearing within ten days from the date appearing on the notice shall satisfy the hearing requirement.

(E) If a hearing is requested, the hearing officer shall determine whether good cause was shown for abatement or removal of the shopping cart from public or private property. The decision of the hearing officer shall be the final administrative remedy available to the owner or its agent.

(F) If good cause is shown for the abatement and removal of the shopping cart, the owner or its agent shall have 15 days from the date of the hearing to retrieve the shopping cart upon payment of the administrative fee. If good cause is not shown for the abatement and removal of the shopping cart from public or private property, the administrative fee shall be waived and the owner or its agent shall have 15 days to retrieve the shopping cart from the storage area.

(G) Any shopping cart that is not retrieved by the owner of such shopping cart within 30 days after the mailing of written notice of abatement when such owner has not requested a hearing in accordance with this section, or within 30 days of storage of the shopping cart by the city in all other cases, shall be deemed to be permanently abandoned and may be sold at public auction or otherwise disposed of at the end of 30 days following such notice.

(H) (1) At such time as shall be convenient, the city shall advertise for the sale of permanently abandoned shopping carts.

(2)  Notice of such sale shall be posted in three conspicuous places located within the city.

(3) Ten days after the posting of such notice and the time and place fixed in the notice for the sale such permanently abandoned shopping carts may be sold and delivered to the highest bidder free and clear of the claims of the owner thereof.

(I) The proceeds of such sale shall be disbursed to the city.

(`64 Code, Sec. 19-70.5) (Ord. No. 2380)

SEC. 7-170. IDENTIFICATION BY OWNER.

(A) All shopping carts used in the city shall be properly identified by the owner thereof, including the name of the local business in which such shopping cart is to be used. Each shopping cart shall have a sign permanently affixed to the shopping cart in a conspicuous location stating in substantially the same language that: “Removal of this shopping cart from these premises without written consent is prohibited by section 7-171 of the Oxnard City Code.”

(B) Every business owner using shopping carts shall post in a conspicuous place a sign containing the substantially similar words to the effect that: “Removal of shopping carts from these premises without written consent is unlawful by section 7-171 of the Oxnard City Code.”

(`64 Code, Sec. 19-70.6) (Ord. No. 2380)

SEC. 7-171. REMOVAL FROM PREMISES PROHIBITED; EXCEPTIONS.

No person shall remove any shopping cart from the immediate structure or parking premises of any food store, market, mercantile establishment, or other business in the city, unless such person is the owner, owner's employee or agent or obtains written consent from the shopping cart owner.

(`64 Code, Sec. 19-70.7) (Ord. No. 2380)

SEC. 7-172. ABANDONMENT PROHIBITED.

No person shall abandon or leave any shopping cart, which has been removed from the owner's premises, upon public property or upon any private property not under the control of the person abandoning or leaving the shopping cart or under the control of the shopping cart owner.

(`64 Code, Sec. 19-70.8) (Ord. No. 2380)

SEC. 7-173. UNLAWFUL POSSESSION.

No person shall possess any shopping cart that has been removed from the owner's premises without written consent or that has been abandoned or left on private property under circumstances as described in section 7-167 unless such person so having possession has notified the owner or city of the presence and location of such shopping cart.

(`64 Code, Sec. 19-70.9) (Ord. No. 2380)