Chapter 7.62
SHOPPING AND LAUNDRY CARTS
Sections:
7.62.020 Need to identify shopping and laundry carts.
7.62.030 Duty to post parking areas.
7.62.040 Shopping or laundry carts as a public nuisance—Impounding.
7.62.050 Violations—Infraction—Application of other laws.
7.62.010 Definitions.
The terms "shopping cart," "laundry cart" and "parking area" as used in this chapter, shall have the same meaning ascribed to said terms in Section 22435 of the Business and Professions Code of the state of California.
(Ord. 1659 § 1 (part), 6-24-85: Ord. 1333 § 1 (part), 8-8-77 (repealed))
7.62.020 Need to identify shopping and laundry carts.
The operator of a commercial establishment which has available to the customers thereof shopping or laundry carts shall permanently affix to said carts a sign that states the following:
(1) The name and address of the owner of the cart or the retailer which uses same in its business operations, or both;
(2) Notifies the public of the procedure to be utilized for the authorized removal of the cart from the premises;
(3) Notices 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
(4) Lists the telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer.
(Ord. 1659 § 1 (part), 6-24-85: Ord. 1333 § 1 (part), 8-8-77 (repealed))
7.62.030 Duty to post parking areas.
The owner or operator of a commercial establishment which has available for the customers thereof shopping or laundry carts shall place at each of the exits of the parking area which is under the control of said owner or operator of the business establishment a sign, constructed and affixed in a manner consistent with the requirements of this municipal code, notifying its customers and the general public that the unauthorized removal of a shopping or laundry cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law.
(Ord. 1659 § 1 (part), 6-24-85: Ord. 1333 § 1 (part), 8-8-77 (repealed))
7.62.040 Shopping or laundry carts as a public nuisance—Impounding.
Any shopping or laundry cart which is abandoned or left upon any public street, alley, sidewalk or other public property is a nuisance and is subject to abatement in the manner hereinbelow provided:
(A) The commercial establishment identified on the carts as being the owner thereof, which carts have identifying telephone numbers, will be contacted by telephone to recover the cart prior to enforcement of the provisions of this chapter by impoundment.
(B) Any such shopping or laundry cart so abandoned or left after twenty-four hours of the phone call, if any, may be picked up by the city or its duly authorized officer, agent, or employee and impounded at a location set aside therefor by the city.
(C) Written notice that such shopping or laundry cart has been impounded by the city shall be given to the owner or retailer identified by a permanently affixed sign as required in Section 7.62.020. Such notice shall state that the shopping or laundry cart may be retrieved at the hours and days specified therein upon payment of the fees and charges provided for herein. Such notice shall provide that the one seeking to retrieve the cart must present evidence of authority to act on behalf of the owner or retailer. The written notice shall be delivered within twenty-four hours after impound either by personal service upon the owner, retailer or store manager or by delivery of first-class pre-paid postage United States mail to the owner, retailer or store manager. Such notice shall be deemed complete either at the time of personal delivery or forty-eight hours after deposit of mail.
(D) For each shopping or laundry cart impounded, there shall be an impound fee of fifteen dollars.
(E) If within ten days from the date of notice, the owner or retailer has not claimed the same and has not paid the fees prescribed for the impounding and storage of such shopping or laundry cart, such cart may be offered for sale at public sale at the best price obtainable. Notice of the date, time and place of sale shall be given by the city in the manner it deems reasonable, but in any event, notice of such sale shall be published at least once in the official newspaper of the city. Such publication shall be at least five days prior to the date set for the sale.
(F) At the time for the sale, each such shopping or laundry cart shall be sold to the highest bidder for cash, but the city shall have the right to refuse any bid.
(G) Any such shopping or laundry cart sold by the city under the provisions of this section shall have removed therefrom prior to such sale, any identifying sign.
(H) The proceeds shall be used to reimburse the city for the impound and storage fees, and such administrative costs incurred in the impound, storage and sale of the shopping or laundry cart. The excess, if any, shall be paid to the person identified on the sign as the owner.
(Ord. 1659 § 1 (part), 6-24-85: Ord. 1333 § 1 (part), 8-8-77 (repealed))
7.62.050 Violations—Infraction—Application of other laws.
Any person who violates any of the provisions of this chapter is guilty of an infraction punishable as follows: (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year. The provisions of this section are not intended to preclude the application of any other laws relating to prosecution for theft.
(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 1659 § 1 (part), 6-24-85: Ord. 1333 § 1(part), 8-8-77 (repealed))