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Chapter 11.100 — ABANDONMENT OF SHOPPING CARTS

Palm Springs Municipal Code · 2026-07 edition · updated 2026-09-27 · Palm Springs

§ 11.100.010. Declaration of public nuisance.

The city council makes the following findings and declarations: The accumulation and storage of wrecked, dismantled, or abandoned shopping carts, or parts thereof, on public or private property is found to create a condition tending to reduce property values, to promote blight and deterioration, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to be aesthetically detrimental to the community, and to be injurious to the health, safety and general welfare. 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. (Ord. 1514 § 1, 1995)

§ 11.100.020. Definitions.

The following definitions shall apply to this chapter:

"Abandoned shopping cart" means any empty shopping cart left on any public or private property with no person in the vicinity.

"Abatement of shopping cart" means the removal by the city of an abandoned shopping cart which is visible from any public right-of-way.

"City manager" means city manager, city manager's designee, and/or authorized representatives of the city manager.

"Director" means director of planning and building for the city, director's designee, and/or authorized representatives of the director.

"Parkway" means that area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. "Parkway" shall also include any area within a roadway which is not open to vehicular travel.

"Public property" means and includes, but is not limited to, all areas dedicated to public use for public street purposes, roadways, parkways, alleys, sidewalks, flood control channels and any public right-of-way.

"Shopping cart" means a basket which 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. (Ord. 1514 § 1, 1995)

§ 11.100.030. Abandoned shopping cart.

  • (a) Any shopping cart left on any public or private property shall be deemed to be abandoned and therefore a public nuisance pursuant to this chapter. The provisions of this section shall not apply to shopping carts left on the owner's private property (including the common areas of shopping centers adjacent thereto).

  • (b) In the event that a shopping cart is left on any public or private property, the owner of the shopping cart shall be responsible and liable for the removal and disposition of the abandoned shopping cart as provided in this chapter.

  • (c) The city manager may exempt a shopping cart owner from the provisions of this chapter if

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City of Palm Springs, CA

PEACE, MORALS AND SAFETY

§ 11.100.030

§ 11.100.060

the shopping cart owner has implemented a plan whereby employees provide shopping cart retrieval, or where the shopping cart owner has entered into a contract with a shopping cart retrieval service and has provided the city with proof of such contract; provided, that such plan or contract meets with the city manager's approval. The plan or contract shall provide that carts will be retrieved within seventy-two hours after abandonment and shall contain appropriate enforcement mechanisms. If an approved plan or contract fails to retrieve carts within seventy-two hours, the city manager may revoke such approval. Such revocation shall subject the shopping cart owner to the provisions of this chapter.

(Ord. 1514 § 1, 1995)

§ 11.100.040. Administration and enforcement.

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the city manager. In the enforcement of this chapter, the city manager may enter onto public or private property to examine a shopping cart or parts thereof, or to obtain information to identify the owner of the shopping cart and to order, pursuant to this chapter, the abatement and removal of the shopping cart, or parts thereof, declared to be a nuisance. Notwithstanding the foregoing, the director shall perform the day-to-day administration of this chapter.

(Ord. 1514 § 1, 1995)

§ 11.100.050. Shopping cart abatement.

  • (a) Upon discovering the existence of a wrecked, dismantled or abandoned shopping cart, or parts thereof, on public or private property within the city, the director shall have the authority to order the abatement and removal thereof in accordance with the procedure described in this chapter.

  • (b) Upon the abatement and removal of any shopping cart located on public or private property within the city, the director shall notify the owner thereof (if the name can be ascertained) by mailing an abatement notice to the owner's last known address. Such notice shall state the date the shopping cart was removed, the procedure for retrieving the shopping cart, and a statement that the owner may request a hearing to appeal the abatement order by submitting a writ-ten request within ten days of the date appearing on the notice.

  • (Ord. 1514 § 1, 1995)

§ 11.100.060. Hearings on shopping cart abatement.

  • (a) Any shopping cart removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within thirty days of the date appearing on the abatement notice and upon the payment of reasonable administrative fees. Such administrative fees shall be waived if, after a hearing to appeal has been requested, a determination is made at such hearing that the fees shall be waived. 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.

  • (b) Any hearing to appeal an abatement order which is requested shall be conducted within five days of the receipt of the request, excluding weekends and holidays, by the city manager, or his designee, who should be designated as the hearing officer. The failure of either the owner or his agent to request a hearing shall waive the right to a hearing. At the

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City of Palm Springs, CA § 11.100.060

PALM SPRINGS CODE

§ 11.100.100

hearing, the hearing officer shall determine whether good cause was shown for the abatement and removal of the shopping cart. The decision of the hearing officer shall be deemed the final administrative determination. If good cause is shown for the abatement and removal of the shopping cart, the owner or his agent shall have thirty days from the hearing date to retrieve his shopping cart upon payment of the administrative fee. If good cause is not shown for the abatement and removal of the shopping cart, the administrative fee shall be waived and the owner or his agent shall have thirty days from the hearing date to retrieve his shopping cart.

  • (Ord. 1514 § 1, 1995)

§ 11.100.070. Disposition of shopping carts.

  • (a) Any shopping cart not retrieved by its owner within thirty days of the date appearing on the abatement notice when such owner has not requested a hearing to appeal, or within thirty days of the hearing date when such owner has requested a hearing to appeal, shall be deemed to be permanently abandoned and may be sold at public auction or otherwise disposed of.

  • (b) At a time convenient to the city, the city shall advertise the sale of permanently abandoned (as provided in subsection (a) of this section) shopping carts. Notice of such sale, including the time and place, shall be posted in three conspicuous places within the city. Ten days after posting such notice, such shopping carts may be sold and delivered to the highest bidder free and clear of any claims of the owner thereof.

  • (c) The proceeds of such sale shall be disbursed to the city. (Ord. 1514 § 1, 1995)

§ 11.100.080. Removal and disposal of wrecked shopping carts.

The director may determine that a wrecked shopping cart is in such poor condition that it may be immediately disposed of. This action will be a discretionary decision of the director and shall be based upon the director's determination that the shopping cart is inoperable, unsafe, or that the cost to repair exceeds the value of the shopping cart. In such case, the shopping cart or parts thereof may be destroyed without providing the appeal hearing provided in Section 11.100.060, but the director shall give notice of his action to the owner, if the same can be determined. The owner shall not be liable for any cost for removal and abatement in such case. (Ord. 1514 § 1, 1995)

§ 11.100.090. Identification of shopping carts.

Every owner of a shopping cart, as defined in this chapter, shall permanently affix a sign to such shopping cart conspicuously identifying the owner thereof including name, address, and a telephone number for purposes of providing any necessary notice hereunder to the owner. (Ord. 1514 § 1, 1995)

§ 11.100.100. Removal from premises prohibited—Exceptions.

No person shall remove any shopping cart from the premises or parking area of any business establishment if such shopping cart has permanently affixed to it a sign identifying it as belonging to the owner or operator of such business establishment, and a notification to the effect that the shopping cart is not to be removed from the owner's premises. This section shall not

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City of Palm Springs, CA

PEACE, MORALS AND SAFETY

§ 11.100.100

§ 11.100.140

apply to the removal by the owner or his agent or an employee of the business, nor to removal by a customer with the consent of its owner, owner's manager, or owner's authorized agent. (Ord. 1514 § 1, 1995)

§ 11.100.110. Abandonment prohibited.

No person shall abandon or leave any shopping cart which has been removed from the owner's premises upon any public street, alley, sidewalk, parkway or other public place, nor upon any private property except that of the owner of the shopping cart. (Ord. 1514 § 1, 1995)

§ 11.100.120. Owner's responsibility to prevent littering.

The action of an owner or owner's agent or employee to permit any shopping cart to be removed from the owner's premises shall be considered littering by the owner. (Ord. 1514 § 1, 1995)

§ 11.100.130. Unlawful possession.

No person shall have in his possession any shopping cart which has been removed from the owner's premises without authorization or which has been abandoned or left on public or private property unless such person has notified the police department of the presence and location of such shopping cart.

(Ord. 1514 § 1, 1995)

§ 11.100.140. Supplementation of codes, statutes, ordinances, etc.

This chapter is not to be construed as the exclusive regulation of wrecked, dismantled or abandoned shopping carts within the city. It shall supplement and be in addition to other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, state or legal entity or agency having jurisdiction.

(Ord. 1514 § 1, 1995)

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City of Palm Springs, CA

PEACE, MORALS AND SAFETY

§ 11.102.010

§ 11.102.010

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▸Contents — Palm Springs Municipal Code
Palm Springs Municipal Code
  1. Article IV — CITY COUNCIL APPOINTED OFFICERS; CITY MANAGER AND…
  2. Article V — OFFICERS AND EMPLOYEES
  3. Article VII — PERSONNEL SYSTEM
  4. Title 1
  5. Title 2
  6. Chapter 2.02 — MUNICIPAL ELECTIONS
  7. Chapter 2.04 — COUNCIL
  8. Chapter 2.05 — APPEAL TO CITY COUNCIL
  9. Chapter 2.06
  10. Chapter 2.08 — CITY MANAGER
  11. Chapter 2.12
  12. Chapter 2.16
  13. Chapter 2.18 — PARKS AND RECREATION COMMISSION
  14. Chapter 2.20 — DISASTER COUNCIL
  15. Chapter 2.22 — VILLAGEFEST BOARD
  16. Chapter 2.24 — PUBLIC ARTS COMMISSION
  17. Chapter 2.28 — SUSTAINABILITY COMMISSION
  18. Chapter 2.29 — PLANNING COMMISSION
  19. Chapter 2.32 — PUBLIC LIBRARY
  20. Chapter 2.40 — PERSONNEL
  21. Chapter 2.45 — HUMAN RIGHTS COMMISSION
  22. Chapter 2.50 — ADMINISTRATIVE APPEALS BOARD
  23. Chapter 2.55 — OFFICE OF NEIGHBORHOODS
  24. Chapter 2.59
  25. Chapter 2.60 — PUBLIC INTEGRITY
  26. Chapter 2.65 — COMMERCIAL DISTRICT FORMATION
  27. Title 3
  28. Chapter 3.35 — CANNABIS AND MARIJUANA TAX
  29. Chapter 3.04 — FUNDS
  30. Chapter 3.08 — INVESTMENT OF MONEYS AND FUNDS
  31. Chapter 3.16
  32. Chapter 3.22 — SALES AND USE TAX
  33. Article II — Transactions and Use Tax (Measure D)
  34. Chapter 3.24 — TRANSIENT OCCUPANCY TAX
  35. Chapter 3.29
  36. Chapter 3.30
  37. Chapter 3.32 — UTILITY USER TAX
  38. Chapter 3.34 — PARKING TAX
  39. Chapter 3.36
  40. Chapter 3.37 — PUBLIC ARTS FEE, FUND AND PROGRAM
  41. Chapter 3.38 — JOB CREATION INCENTIVE PROGRAM
  42. Chapter 3.40 — GENERAL PROVISIONS
  43. Chapter 3.48 — REQUIREMENTS—EXEMPTIONS
  44. Chapter 3.52 — ISSUANCE OF LICENSES
  45. Chapter 3.56 — PAYMENT—COLLECTION
  46. Chapter 3.60 — ASSESSMENTS IN CERTAIN CASES
  47. Chapter 3.64 — ENFORCEMENT
  48. Chapter 3.72 — RECORDS CONFIDENTIAL
  49. Chapter 3.76 — VIOLATIONS
  50. Chapter 3.80 — BUSINESS LICENSE TAX RATES—GENERALLY
  51. Chapter 3.84 — FIXED LICENSE RATES
  52. Chapter 3.88 — GRADUATED SCALE TAX RATES
  53. Chapter 3.90 — GRADUATED SCALE WITH MINIMUM TAX
  54. Chapter 3.94
  55. Chapter 3.96 — LICENSE TAXES COMPUTED ON GROSS RECEIPTS BASIS
  56. Title 4
  57. Chapter 4.04 — RENT REVIEW COMMISSION
  58. Chapter 4.10 — RENT STABILIZATION
  59. Title 5
  60. Chapter 5.02 — SECURITY ALARM SYSTEMS
  61. Chapter 5.03
  62. Chapter 5.04 — AUCTION SALES
  63. Chapter 5.08 — CABARETS
  64. Chapter 5.20 — HANDBILLS
  65. Chapter 5.22 — HOME OCCUPATIONS
  66. Chapter 5.24 — HOTEL REGISTRATION
  67. Chapter 5.25 — VACATION RENTALS
  68. Chapter 5.26 — HOTEL OPERATIONS INCENTIVE PROGRAM
  69. Chapter 5.27 — HOTEL OPERATIONS INCENTIVE PROGRAM
  70. Chapter 5.28 — ICE VENDING MACHINES
  71. Chapter 5.36 — NOVELTY SALES AT SPECIAL EVENTS
  72. Chapter 5.38 — MANAGED PARKING
  73. Chapter 5.40 — PASSENGER CARRIERS
  74. Article I — General Provisions
  75. Article II — Pedicab Owners
  76. Article III — Pedicab Drivers
  77. Article IV — Pedicab Vehicles
  78. Article V
  79. Article VI
  80. Article VII — Enforcement
  81. Article VIII
  82. Chapter 5.42 — ESCORTS AND ESCORT BUREAUS
  83. Chapter 5.44
  84. Chapter 5.48
  85. Chapter 5.52 — PRIVATE PATROLS
  86. Chapter 5.55
  87. Chapter 5.56 — PSYCHIC ACTIVITIES
  88. Chapter 5.58 — GARAGE, PATIO AND YARD SALES
  89. Chapter 5.60 — BUSINESS CLOSING SALES
  90. Chapter 5.64 — SEARCHLIGHT OPERATIONS
  91. Chapter 5.68 — SOUND TRUCKS
  92. Chapter 5.72 — MISCELLANEOUS BUSINESSES REGULATED
  93. Chapter 5.75 — EVENT HOUSES
  94. Chapter 5.76
  95. Chapter 5.77
  96. Chapter 5.78 — LANDSCAPE RELATED BUSINESSES
  97. Chapter 5.79 — STATE VIDEO FRANCHISE HOLDERS
  98. Chapter 5.81
  99. Chapter 5.83
  100. Chapter 5.85
  101. Chapter 5.87
  102. Chapter 5.89 — SIDEWALK VENDING
  103. Chapter 5.91
  104. Chapter 5.92 — CO-OWNED MANAGED HOUSING
  105. Title 6
  106. Chapter 6.04 — WASTE DISPOSAL AND DIVERSION
  107. Chapter 6.05
  108. Chapter 6.06 — RESTAURANT INSPECTION AND GRADING
  109. Chapter 6.07 — REGULATION OF FOOD HANDLERS
  110. Chapter 6.08 — NUISANCES
  111. Chapter 6.09
  112. Chapter 6.10
  113. Chapter 6.11 — TOBACCO RETAILER PERMITS
  114. Chapter 6.12
  115. Chapter 6.14 — PUBLIC SWIMMING POOLS AND SPAS
  116. Chapter 6.15 — MOBILE FOOD VENDING VEHICLES
  117. Title 7
  118. Chapter 7.07 — CONTRACT ADMINISTRATION
  119. Chapter 7.01 — GENERAL PROVISIONS
  120. Chapter 7.03 — PROCUREMENT REQUIREMENTS
  121. Chapter 7.04 — PROCUREMENT EXEMPTIONS
  122. Chapter 7.05 — CONTRACTS
  123. Chapter 7.06 — CONTRACT CHANGES
  124. Chapter 7.07 — CONTRACT ADMINISTRATION
  125. Chapter 7.08 — DISPOSITION OF SURPLUS PROPERTY
  126. Title 8
  127. Article I — Building Codes
  128. Article II — Building Security Regulations
  129. Article III
  130. Article IV — Palm Springs Building Administrative Code
  131. Article V — Undergrounding of Utilities
  132. Article VI — Fire Code
  133. Article VIII — Displacement Payments to Tenants
  134. Article IX
  135. Article I — General Provisions
  136. Article II
  137. Article III
  138. Article IV
  139. Article V — Historic Preservation on Tribal Lands
  140. Chapter 8.30 — MUNICIPAL SOLAR UTILITY
  141. Chapter 8.32 — MSU LEASEHOLD MARKETING
  142. Chapter 8.40
  143. Chapter 8.50 — FUGITIVE DUST CONTROL
  144. Chapter 8.60 — WATER EFFICIENT LANDSCAPING
  145. Chapter 8.68 — FLOOD DAMAGE PREVENTION
  146. Chapter 8.70 — STORMWATER MANAGEMENT AND DISCHARGE CONTROLS
  147. Chapter 8.80 — VACANT BUILDINGS AND BOARDING REGULATIONS
  148. Chapter 8.90 — TRANSPORTATION UNIFORM MITIGATION FEE
  149. Chapter 8.95 — MSHCP MITIGATION FEE
  150. Chapter 8.100
  151. Chapter 8.105 — ELECTRIC VEHICLE CHARGING STATION STREAMLINED …
  152. Title 9
  153. Chapter 9.60 — GENERAL PROVISIONS
  154. Chapter 9.65 — IMPROVEMENT SECURITY
  155. Chapter 9.66 — REVERSIONS
  156. Chapter 9.67 — ENFORCEMENT—JUDICIAL REVIEW
  157. Chapter 9.68 — VESTING TENTATIVE MAPS
  158. Chapter 9.69 — CANYON AREA IMPACT FEES
  159. Title 10
  160. Chapter 10.04 — DEFINITIONS
  161. Chapter 10.18 — DANGEROUS AND VICIOUS ANIMALS
  162. Chapter 10.12 — ANIMAL CONTROL OFFICER
  163. Chapter 10.18 — DANGEROUS AND VICIOUS ANIMALS
  164. Chapter 10.22 — UNATTENDED ANIMALS IN ENCLOSED VEHICLES
  165. Title 11
  166. Chapter 11.08 — DISORDERLY CONDUCT
  167. Chapter 11.76 — UNCLAIMED PROPERTY
  168. Chapter 11.03 — PUBLIC SAFETY RADIO SYSTEM COVERAGE
  169. Chapter 11.04 — UNSAFE CONDUCT
  170. Chapter 11.06
  171. Chapter 11.08 — DISORDERLY CONDUCT
  172. Chapter 11.10 — PUBLIC NUDITY
  173. Chapter 11.13 — BINGO PERMITS
  174. Chapter 11.20 — EXPLOSIVES
  175. Chapter 11.28 — CIVIL DISPUTES
  176. Chapter 11.30 — MUNICIPAL BUS SYSTEM
  177. Chapter 11.32 — MUNICIPAL GOLF COURSE
  178. Chapter 11.36 — WILDLIFE PROTECTION
  179. Chapter 11.40 — ENCAMPMENTS ON PUBLIC PROPERTY
  180. Chapter 11.44 — PARKS AND RECREATION AREAS
  181. Chapter 11.48 — SCHOOL GROUNDS
  182. Chapter 11.56 — CURFEW AND TRUANCY
  183. Chapter 11.60 — OCCUPANCY OF HOTEL ROOMS BY MINORS
  184. Chapter 11.64 — TRESPASS
  185. Chapter 11.70 — GRAFFITI
  186. Chapter 11.72 — PUBLIC NUISANCES
  187. Chapter 11.74 — NOISE ORDINANCE
  188. Chapter 11.76 — UNCLAIMED PROPERTY
  189. Chapter 11.80 — ABANDONED VEHICLES
  190. Chapter 11.82 — POLICE TOW SERVICES STANDARDS
  191. Chapter 11.84 — FALSE STATEMENTS
  192. Chapter 11.88 — TAPPING TELEVISION CABLES
  193. Chapter 11.90
  194. Chapter 11.96
  195. Chapter 11.100 — ABANDONMENT OF SHOPPING CARTS
  196. Chapter 11.102
  197. Title 12
  198. Chapter 12.08 — ADMINISTRATION
  199. Chapter 12.24 — TURNING MOVEMENTS
  200. Chapter 12.12 — ENFORCEMENT—OBEDIENCE
  201. Chapter 12.16 — TRAFFIC CONTROL DEVICES
  202. Chapter 12.20 — SPECIAL SPEED ZONES
  203. Chapter 12.24 — TURNING MOVEMENTS
  204. Chapter 12.28 — STOPPING, STANDING AND PARKING
  205. Chapter 12.40 — MUNICIPAL AIRPORT LOT NO. 3
  206. Chapter 12.44 — STOP INTERSECTIONS
  207. Chapter 12.48 — YIELD RIGHT-OF-WAY SIGNS
  208. Chapter 12.52 — ONE-WAY STREETS AND ALLEYS
  209. Chapter 12.56 — RESTRICTED USE OF CERTAIN STREETS
  210. Chapter 12.60 — LOADING ZONES
  211. Chapter 12.64 — DRIVING RULES
  212. Chapter 12.68 — PEDESTRIANS
  213. Chapter 12.80 — TEMPORARY STREET CLOSURE NECESSITATED BY ASSEM…
  214. Chapter 12.84 — GOLF CARTS
  215. Chapter 12.90
  216. Title 14
  217. Chapter 14.04 — STREET NUMBERS
  218. Chapter 14.08 — STREET NAME CHANGES
  219. Chapter 14.12 — STREET NAMES FOR TRAILER PARKS
  220. Chapter 14.16 — ENCROACHMENTS
  221. Chapter 14.20 — MOVING BUILDINGS
  222. Chapter 14.24 — WATER AND RUBBISH IN STREETS
  223. Chapter 14.26
  224. Chapter 14.28 — WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
  225. Title 15
  226. Chapter 15.08 — DEFINITIONS
  227. Chapter 15.14 — REQUIRED USE OF SEWERS
  228. Chapter 15.04 — GENERAL PROVISIONS
  229. Chapter 15.12 — ENFORCEMENT
  230. Chapter 15.14 — REQUIRED USE OF SEWERS
  231. Chapter 15.28 — SEWER USE REGULATIONS
  232. Chapter 15.32 — REGULATION OF WATER WELLS
  233. Title 16
  234. Chapter 16.02
  235. Chapter 16.04 — GENERAL RULES AND REGULATIONS
  236. Chapter 16.06
  237. Chapter 16.08 — FIXED BASE OPERATOR
  238. Chapter 16.10
  239. Chapter 16.12
  240. Chapter 16.14
  241. Chapter 16.16
  242. Chapter 16.18
  243. Chapter 16.20 — AIRCRAFT STORAGE OPERATOR (SASO)
  244. Chapter 16.22
  245. Chapter 16.24
  246. Chapter 16.26
  247. Chapter 16.28
  248. Chapter 16.30 — PRIVATE FLYING CLUB
  249. Chapter 16.32
  250. Chapter 16.34
  251. Chapter 16.36
  252. Chapter 16.37
  253. Chapter 16.38
  254. Chapter 16.39
  255. Chapter 16.40
  256. Title CR
  257. Chapter 91.00
  258. Chapter 92.00
  259. Chapter 93.00
  260. Chapter 94.00

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