Chapter 8.60
ABANDONED CARTS
Sections:
8.60.015 Prohibited activity—Declaration of nuisance.
8.60.020 Identification of carts.
8.60.060 Enforcement procedures—Notice to correct.
8.60.070 Notice of administrative violation.
8.60.080 Abatement procedures—Impoundment of carts.
8.60.090 Liens and special assessments.
8.60.100 Abandoned carts possibly impeding emergency services.
8.60.010 Definitions.
As used in this chapter:
“Business day” means any day that the commercial establishment is open for business to the public, including Saturdays, Sundays and holidays.
“Cart” means and includes shopping carts and laundry carts.
“Identified cart” means those carts that exhibit in a permanent and conspicuous place all of the information required by Section 8.60.020.
“Non-identified cart” means those carts that do not exhibit in a permanent and conspicuous place all of the information required by Section 8.60.020.
“Parking area of a commercial establishment” means the actual parking area associated with the commercial establishment. If the establishment is located in a shopping center, the parking area shall include the entire parking area associated with the center.
“Responsible person” means and includes the user of the cart and/or the owner, operator, franchisor, franchisee, lessee and/or lessor of any commercial establishment in the city that provides carts for use by its customers. (Ord. 869 § 2 (part), 1997)
8.60.015 Prohibited activity—Declaration of nuisance.
A. No responsible person shall allow or cause the abandonment of carts on public or private property.
B. Abandoned carts, or parts thereof, on public and private property are hereby declared to be a public nuisance. Upon discovering the existence of an abandoned cart, or parts thereof, on public or private property within the city, the code enforcement officer or his/her designee shall have the authority to cause the abatement and removal thereof in accordance with the procedures specified in this chapter. (Ord. 869 § 2 (part), 1997)
8.60.020 Identification of carts.
Carts used in the city shall exhibit the following information in a permanent and conspicuous place: (1) the identity of the owner; (2) notice of the procedure for the authorized removal of the cart from the owner’s premises; (3) notice that removal of the cart or the unauthorized possession of the cart is a violation of state law; and (4) a phone number or address for returning the cart to the owner. (Ord. 869 § 2 (part), 1997)
8.60.030 Abandoned carts.
A. Identified Carts. An identified cart is abandoned when:
1. The cart is located outside the owner’s premises or the parking area of a commercial establishment and is not in the actual custody of the owner or his/her agent; and
2. The cart owner, or his/her designated agent, is given notice of the discovery of the cart, the cart’s location, and that the failure to retrieve the cart will lead to the cart being impounded; and
3. The cart is not retrieved within 3 business days from the date that the owner of the cart, or his or her designated agent, receives actual notice of the cart’s location.
B. Non-Identified Carts. A non-identified cart is abandoned when:
1. The cart is located outside the owner’s premises or parking area of the commercial establishment, and is not in the actual custody of the owner or his/her agent; and
2. The cart owner or his/her designated agent is given notice of the discovery of the cart, the cart’s location, and that the failure to retrieve the cart will lead to the cart being impounded; and
3. The cart is not retrieved within 12 hours from the time that the owner of the cart or his or her designated agent receives actual notice of the cart’s discovery and location.
C. Carts with No Owner Identification. If the cart is not identified and the owner or designated agent cannot reasonably be determined, the cart shall immediately be considered to be abandoned. (Ord. 869 § 2 (part), 1997)
8.60.040 Enforcement.
A. Except as modified herein, this chapter shall be enforced pursuant to the provisions of Chapters 1.08 through 1.10, inclusive.
B. The code enforcement officer or his/her designee shall enforce the provisions of this chapter. All departments within the city shall immediately report the sighting of abandoned carts on public or private property to the code enforcement officer for remedial action as provided for in this chapter.
C. Individuals may report the sighting of abandoned carts on public or private property to the code enforcement officer for remedial action. (Ord. 869 § 2 (part), 1997)
8.60.050 Penalties.
A. A violation of this chapter shall be an administrative violation as defined in Section 1.08.020.
B. Each of the sanctions for administrative violations identified in Section 1.09.013 shall be available for enforcement of the provisions of this chapter.
C. Based upon the criteria for the imposition of administrative sanctions set forth in Section 1.09.014, a violation of this chapter shall be deemed a Level A violation, as that term is described in Section 1.09.012.
1. Where an identified cart is abandoned, the maximum available financial penalty shall be imposed pursuant to California Business and Professions Code section 22435.7(f). If this statute is repealed, or if a court determines that cities are not preempted with respect to the amount of available financial penalties that may be imposed on an identified, abandoned cart, the full range of penalties specified in Section 8.60.050(C)(2) of this chapter shall be available as a sanction.
2. Where a non-identified cart is abandoned, the range of monetary sanctions available for a violation of this chapter shall be as set forth in Section 1.09.012(A)(1). Any other violation of this chapter not specifically enumerated in this section shall also be subject to the monetary sanctions set forth in this subparagraph. (Ord. 869 § 2 (part), 1997)
8.60.060 Enforcement procedures—Notice to correct.
A. Prior to the commencement of any other enforcement action pursuant to this chapter, the code enforcement officer shall follow the procedures set forth in Sections 1.09.020 through 1.09.048, inclusive. The rights to judicial review set forth in Sections 1.09.050 through 1.09.059, inclusive, shall apply. Any notices required pursuant to these provisions shall be served first on the owner of the cart or his/her designated agent if this information can be determined. The code enforcement officer shall not be required to serve notices on any other person or entity defined in Section 8.60.010(F) as a responsible person unless prior efforts at enforcement with the owner of the cart have been unsuccessful or the city intends to impose a lien on the property as provided for in Section 8.60.090.
B. A notice to correct may be served in accordance with the provisions of Section 1.09.023. As an alternative method of providing notice to a responsible person, the code enforcement officer may provide verbal notification of the notice to correct to the designated agent specified pursuant to Section 8.60.100. A written confirmation of the verbal notice may be sent to the responsible person by facsimile.
C. The time allowed to retrieve an abandoned cart shall be as follows:
1. If the cart is properly identified, 3 business days from the date the responsible person or his/her designated agent receives actual notice of an abandoned cart;
2. If a cart is non-identified but the owner or other responsible person can be determined, the time to correct any violation of this chapter shall be no more than 12 hours;
3. If a cart is non-identified and the responsible person has violated this chapter within the preceding year, no notice to correct shall be required and the cart may be immediately impounded. The code enforcement officer shall immediately serve a notice of administrative violation and notice of impoundment as provided for in Section 8.60.070; and
4. If no owner or other responsible person can be determined, no notice to correct shall be required and the cart may immediately be impounded as provided for in Section 8.60.080.
D. The time allowed to correct a violation of Section 8.60.110 pertaining to the identification of a designated agent shall be 10 business days. (Ord. 869 § 2 (part), 1997)
8.60.070 Notice of administrative violation.
A. A notice of administrative violation shall be issued if the cart is not removed within the time period specified in the notice to correct. A notice of impoundment shall accompany the notice of administrative violation. The notice of administrative violation and notice of impoundment shall be served in accordance with the procedures set forth in Section 1.09.027.
B. The notice of administrative violation shall provide for those penalties allowed for in Section 8.60.050.
C. The notice of administrative violation and notice of impoundment shall specify the rights to an administrative hearing as allowed for in Sections 1.09.030 to 1.09.049. (Ord. 869 § 2 (part), 1997)
8.60.080 Abatement procedures—Impoundment of carts.
A. If a cart is not removed within the time period specified in the notice to correct, the code enforcement officer has the authority to impound the cart.
B. Impounded carts shall be stored within the city at a location that is open at least 6 hours each city business day.
C. Any costs incurred by the city in impounding the cart shall be added to the administrative fine imposed pursuant to Section 8.60.050.
D. The responsible person shall be notified in writing that the cart was impounded, the times available to retrieve the cart, and all costs and penalties that must be paid before the cart can be reclaimed. No cart shall be released unless the responsible person pays all costs and penalties contained in the notice, or unless a final determination is made that the cart was impounded without proper authority.
E. If a responsible person does not request an administrative hearing within the times specified in Section 1.09.030, and the responsible person also has not claimed the cart within 30 days of the date of the notice of administrative violation and notice of impoundment, the cart may thereafter be destroyed, sold or otherwise disposed of by the code enforcement officer.
F. If a responsible person requests an administrative hearing, the cart(s) that are the subject of this hearing shall not be sold or otherwise destroyed pending the final outcome of such hearing and any subsequent court action, if any.
G. If a cart is impounded pursuant to Section 8.60.060(C)(4), the cart shall not be destroyed for a period of 30 days. If the city is contacted by a responsible person who makes a claim to the cart, the cart shall be returned to the responsible person upon receipt of: (1) satisfactory proof of ownership; (2) payment of all costs associated with the removal and impoundment of the cart; and (3) proof that the cart will be properly identified as required by Section 8.60.020. (Ord. 869 § 2 (part), 1997)
8.60.090 Liens and special assessments.
If a responsible person fails to retrieve an abandoned cart within the times set forth in Section 8.60.070 and has not filed a timely request for an administrative hearing, all penalties and costs may be imposed as a lien or special assessment against the property of the responsible person as provided for in Section 1.09.062. (Ord. 869 § 2 (part), 1997)
8.60.100 Abandoned carts possibly impeding emergency services.
The code enforcement officer or any other designated city employee is authorized to immediately impound carts (whether identified or not) from public or private property without prior notice to the owner if the cart may impede emergency services. In such cases of an emergency impoundment, the responsible person shall be notified within 12 hours of the location of the cart. The procedures set forth in Section 8.60.080 shall thereafter govern the retrieval of the cart. (Ord. 869 § 2 (part), 1997)
8.60.110 Designated agent.
Each commercial establishment within the city that provides carts to its customers shall provide to the city a list of designated agents who can be notified during business hours that a cart is abandoned and must be retrieved. The designated agent shall be authorized to receive verbal notification of the notice to correct as specified in Section 8.60.060. (Ord. 869 § 2 (part), 1997)