Chapter 12.30
SHOPPING CARTS
Sections:
12.30.010 Findings and purpose.
12.30.030 Declaration of public nuisance.
12.30.040 Mandatory shopping cart markings and signage.
12.30.050 Unlawful removal or possession of shopping carts prohibited – Power to contract.
12.30.060 Effective cart nuisance abatement program.
12.30.070 Modification, revocation, and renewal of effective cart nuisance abatement plan.
12.30.080 Abandoned shopping carts – Abatement and storage.
12.30.090 Option for immediate impoundment.
12.30.100 Notice of violation on unidentified shopping carts.
12.30.110 Final disposition of unclaimed shopping carts.
Prior legislation: Ords. 1336 and 1614.
12.30.010 Findings and purpose.
Many retail establishments provide shopping carts for the convenience of customers while shopping on the premises of such businesses. However, shopping carts removed from the premises of such businesses and left abandoned on public or private property throughout the City constitute a public nuisance and a potential hazard to the health and safety of the public. The proliferation of lost, stolen, or abandoned shopping carts on public and private property causes blighting conditions in the community, results in the obstruction of free access to public and private sidewalks, streets, parking lots, and other ways, interferes with pedestrian and vehicular traffic on public and private streets, and impedes emergency services. For the aforesaid reasons, such lost, stolen, or abandoned shopping carts are declared to be a public nuisance which shall be subject to abatement in the manner set forth in this Chapter or in any other manner provided by law.
The purpose of this Chapter is to set forth regulations to ensure that reasonable measures are taken by the owners and operators of businesses which provide shopping carts for the convenience of customers to deter the removal of shopping carts from business premises and parking lots, and provide for the prompt retrieval of lost, stolen, or abandoned shopping carts, to complement and supplement provisions of State law, and to adopt local regulations to the extent not otherwise preempted by State statute.
Retail establishments owning any shopping carts are subject to the provisions of this Chapter. (Ord. 1615 § 2, 2023)
12.30.020 Definitions.
Except as otherwise expressly set forth herein, the following words and terms as used in this Chapter shall have the following meanings:
“Abandoned shopping cart” means a shopping cart which is either (1) removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart, or (2) left unattended, discarded, or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with the permission of the owner. For purposes of this Chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen, or abandoned, even if in the possession of any person, unless such person in possession thereof either (1) is the owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart, (2) is an officer, employee, or agent of a cart retrieval service hired by the owner to retrieve such carts, or (3) is enforcement personnel retrieving, storing, or disposing of the cart pursuant to the provisions of this Chapter.
“Cart owner” means every business or person who, in connection with the conduct of a retail establishment, owns, rightfully possesses, or makes any cart available to patrons and/or the public. This shall include the owner’s agent or authorized representative.
“Contractor” means an authorized independent person approved by the City Council or their designee for the purpose of effecting the removal of abandoned shopping carts.
“Director” means the Manager of Planning of the City, or their designee.
“Effective containment program” means a system selected by the retail establishment that results in no more than five shopping carts being removed without the owner’s consent from the business premises or parking area within the 12-month period commencing with the issuance of a business registration and licensing or the renewal of the business registration and licensing (minimum of five carts in a 12-month time period). An effective containment program may include one or more of the following measures:
(1) Disabling devices on all shopping carts such as electronic or magnetic systems, which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts;
(2) Maintaining one or more security guards assigned the responsibility to deter or stop customers from removing shopping carts from the premises;
(3) Providing courtesy clerks to accompany customers out of the store and return shopping carts to the store; and/or
(4) Any other measure approved by the Director in writing as a means to contain carts on the premises.
“Effective retrieval program” means no more than five abandoned shopping carts are collected by the City or its contractor within the City limits and returned to the retail establishment within the 12-month period commencing with the issuance of a business registration and licensing or the renewal of the business registration and licensing (minimum of five carts in a 12-month time period). There is a rebuttable presumption that a cart found abandoned somewhere off the premises of the cart’s owner was removed from the premises without the owner’s consent, and that if the City or its contractor removes it and returns it to the retail establishment, the cart was abandoned for more than 48 hours.
“Effective shopping cart nuisance abatement” means the retail establishment’s ongoing activities to prevent the theft and abandonment of shopping carts from their parking area, combined with the retail establishment’s ongoing activity to retrieve any abandoned shopping cart owned by the retail establishment from public or private property within the City within 48 hours.
“Enforcement personnel” means any person authorized to issue citations as set forth in PMC § 1.16.010 (Issuance of citations by designated employees).
“Identified cart” means a shopping cart that has a permanently affixed sign that identifies, in accordance with California Business and Professions Code Section 22435.1, the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the owner’s premises; notifies the public that the unauthorized removal of the cart from the cart owner’s premises or cart owner’s parking area or the unauthorized possession of the cart, is a violation of State law; and lists a valid telephone number or address for returning the cart to the owner or retailer. If the cart owner operates more than one store, the sign shall identify the location of the store where the cart is used.
“Parking area” means a parking lot or other property provided by a retail establishment for use by a customer for parking an automobile or other vehicle. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the multistore complex or shopping center.
“Person” means a natural person, firm, association, organization, partnership, business, trust, corporation, limited liability company, or other entity.
“Retail establishment” means any business located in the City which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, or is a private club or business, or is a membership store.
“Unidentified cart” means a shopping cart that is not an identified cart, as defined above. (Ord. 1615 § 3, 2023)
12.30.030 Declaration of public nuisance.
Any violation of this Chapter shall constitute a public nuisance subject to abatement procedures prescribed herein and in PMC Chapter 8.36 (Regulation of Property Maintenance). (Ord. 1615 § 4, 2023)
12.30.040 Mandatory shopping cart markings and signage.
(A) Each shopping cart used within the City shall be maintained as an identified cart and shall have a permanently affixed, and clearly visible, sign that:
(1) Identifies the owner of the cart or owner’s retail establishment, or both;
(2) Lists the address of the owner of the retail establishment for shopping cart return and a telephone number at which a person may contact the owner to retrieve the shopping cart;
(3) Notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; and
(4) Notifies 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.
(B) It shall be the responsibility of each shopping cart owner to comply with Subsection (A) of this Section, and to continuously maintain, or cause to be maintained, the required sign in such a manner that the required information is accurate, current, and clearly legible.
(C) It shall be the responsibility of each shopping cart owner to provide signage on their premises in a conspicuous location near all customer entrances and exits and throughout the premises, including the parking area, in both English and Spanish, notifying cart users that removal of carts from the premises or parking area is prohibited by State law without the written consent of the retail establishment. (Ord. 1615 § 5, 2023)
12.30.050 Unlawful removal or possession of shopping carts prohibited – Power to contract.
(A) Unlawful Possession. It is unlawful for any person other than a cart owner or its authorized representative to do any of the following acts:
(1) To remove or cause to be removed any cart from a retail establishment or a parking area without the prior written consent of the owner;
(2) To possess any cart that has been removed from a parking area without the prior written consent of the cart owner or retail establishment, with the intent to temporarily or permanently deprive the owner of possession of the cart;
(3) To alter, convert, or tamper with any cart, or remove any part or portion thereof, or to remove, obliterate, or alter any identification, including, but not limited to, any serial numbers, or to possess any cart that has been altered, converted, or tampered with or whose identification has been removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart without the prior written consent of the cart owner; or
(4) To abandon or leave any cart, which has been removed from a business establishment or a parking facility, upon any public property or upon any private property that is not the premises of the retail establishment or the parking facility.
(B) This Section shall not apply to the owner of a shopping cart or to a retailer, or to their agents or employees, or to a customer of a retail establishment who has written consent from the owner of a shopping cart or a retailer to be in possession of the shopping cart or to remove the shopping cart from the premises or the parking area of the retail establishment, or to do any of the acts specified in subsection (A) of this Section. For purposes of all provisions in this Chapter, any person removing a cart from the retail business or parking area with consent of the cart owner shall carry a copy of such written consent on their person.
(C) Engagement of Contractor. The City may, in accordance with the applicable City policies and as approved by City Council, cause the City to engage a contractor to retrieve abandoned carts and such contractor shall comply with the provisions of this chapter and applicable State law including, but not limited to, Business and Professions Code Section 22435.10 et seq.
(D) In any civil proceeding, any shopping cart which has a sign affixed to it pursuant to PMC § 12.30.040 (Mandatory shopping cart markings and signage) shall establish a rebuttable presumption affecting the burden of producing evidence that the property is that of the person or business named in the sign and not abandoned by the person or business named in the sign.
(E) In any criminal proceeding, it may be inferred that any shopping cart which has a sign affixed to it pursuant to PMC § 12.30.040 (Mandatory shopping cart markings and signage) is the property of the person or business named in the sign and has not been abandoned by the person or business named in the sign. (Ord. 1615 § 6, 2023)
12.30.060 Effective cart nuisance abatement program.
It is unlawful for any person owning a retail establishment located in the City where carts are available for customer use not to implement and maintain an effective cart nuisance abatement program. Effectiveness is measured by the performance of the retail establishment’s effective cart nuisance abatement program in compliance with this Section. Any cart owner shall implement and use any reasonable means in any combination to: (A) prevent the removal or theft of their carts from their premises and parking area and subsequent abandonment of their carts within the City limits; and (B) if such prevention measures are not 100 percent effective, cart owners shall retrieve any and all of their abandoned shopping carts from within the City boundaries within 48 hours.
(A) Elements of an Effective Cart Nuisance Abatement Program. Within the time frames set forth in Subsections (B) and (D) of this Section, all retail establishments/cart owners must: (1) notify the Director that they own carts for the use of their customers on their premises; and (2) submit a written plan for the implementation of an effective cart nuisance abatement program. The program shall include, but is not limited to, the following:
(1) Either an effective containment program or an effective retrieval program as each is defined in PMC § 12.30.020 (Definitions), or both.
(2) If a retail establishment has a valid and operational contract with a contractor recognized by the City to retrieve abandoned shopping carts and return them to the retail establishment on an ongoing and regular basis of at least three times per week, then the owner is presumptively deemed to have an effective cart nuisance abatement program, which presumption may be rebutted if the cart retrieval contractor fails to meet the standards for effectiveness set forth in this Section. Nothing in this Section waives or limits compliance with the signage and cart marking mandates in PMC § 12.30.040 (Mandatory shopping cart markings and signage).
(B) Submission of Plans for Implementing Effective Cart Nuisance Abatement Program. All retail establishments operating within the City limits shall submit, obtain approval from the City, and implement an effective cart nuisance abatement program.
(1) New or Relocated Retail Establishments. Each new retail establishment, and any existing retail establishment relocating to a different location within the City, shall submit a proposed plan for implementing an effective cart nuisance abatement program complying with the requirements of Subsection (C) of this Section to the Director, and obtain approval thereof by the City, prior to providing any shopping carts to customers of the retail establishment. Each proposed plan shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed plan shall be accepted for filing and processing by the Director unless accompanied by the processing fee established by the City Council.
(2) Existing Retail Establishments. Each existing retail establishment that otherwise does not already have an approved plan for effective cart nuisance abatement program, shall either (a) submit a proposed plan complying with the requirements of Subsection (C) of this Section to the Director within 180 calendar days following the date of the most recent amendment of this Chapter or (b) submit a proposed plan complying with the requirements of Subsection (C) of this Section to the Director in conjunction with the retail establishment’s business license renewal application submitted to the City pursuant to PMC § 3.44.240 (Renewal license application), whichever is sooner. Each proposed plan shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed plan shall be accepted for filing and processing by the Director unless accompanied by the processing fee as established by the City Council.
(C) The owner shall have the obligation to provide demonstrable evidence to the Director that the elements proposed will be effective. The proposed plan for an effective cart nuisance abatement program shall contain the following information:
(1) That the retail establishment owns carts for the use of their customers on their premises and parking areas;
(2) The address of the retail establishment and identity of associated parking areas utilized directly for its carts;
(3) A contact phone number at the retail establishment in Palmdale for the person or persons, or job title of the person, who will be responsible for accepting all carts retrieved by the City and returned to the retail establishment during its normal hours of business;
(4) The type, color, and number of carts owned;
(5) Provisions for the retrieval of abandoned shopping carts consistent with the provisions below:
(a) Retrieval Plan. The owner shall provide a plan for purposes of the retrieval of abandoned shopping carts. Such personnel may be either employees of the business or one or more independent contractors hired by the owner to provide shopping cart retrieval services, or a combination of both.
(b) Retrieval Area. The owner shall provide a retrieval plan to ensure that all public streets within a minimum one and one-half mile radius of the premises of the retail establishment are patrolled not less often than every 48 hours, and all bus stops within a minimum one and one-half mile radius of the retail establishment are patrolled not less often than every 24 hours, and each abandoned shopping cart owned or provided by the retail establishment which is found as a result of such patrols is immediately retrieved and removed from any public or private property upon which the cart is found.
(6) Photographic proof of compliance with the signage and cart marking mandates in PMC § 12.30.040 (Mandatory shopping cart markings and signage);
(7) A plan for storing shopping carts during nonbusiness hours to prevent theft while the retail establishment is closed; and
(8) A narrative description, and any plans, photographs, or other evidence demonstrating the implementation of an effective cart nuisance abatement program as defined in PMC § 12.30.020 (Definitions) and in compliance with this Section.
(D) Director Review and Approval. The Director shall review the plan for the proposed effective cart nuisance abatement program and approve or deny the plan within 30 days of its receipt. If the program plan is approved, the cart owner/retail establishment shall implement the approved effective cart nuisance abatement program within 30 days from the date of approval. If the plan is incomplete, the Director shall notify the cart owner in writing to revise the plan and resubmit it within 30 days of Director’s notice. The Director may deny a plan for a proposed effective cart nuisance abatement program based upon one or more of the following grounds:
(1) Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police, or other provision of this code or any County, State, or Federal law that substantially affects public health, welfare, or safety;
(2) The plan fails to include all of the information required by this Chapter;
(3) The proposed plan is insufficient or inadequate to qualify as an effective cart nuisance abatement program as defined in PMC § 12.30.020 (Definitions) and in compliance with this Section;
(4) The plan is insufficient or inadequate to ensure the prompt retrieval of shopping carts removed from the premises;
(5) The proposed program fails to address any special or unique conditions to the geographical location of the business establishment or parking facility as such conditions relate to cart retention and theft removal prevention;
(6) Implementation of the proposed program would violate a term or condition of any agreement between the City on one hand, and the retail establishment, or owner of the parking area, or cart owner, on the other hand; or
(7) The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made.
(E) The decision of the Director shall be made in writing and notice thereof shall be transmitted to the owner of the retail establishment by the United States Postal Service, first-class mail, postage prepaid, or by personal delivery or fax transmission. If the proposed plan is denied, the notice of decision given to the owner shall state the grounds upon which the proposed plan was denied. If the plan is rejected as incomplete or inadequate, the Director shall indicate areas of incompleteness or inadequacy, and the owner shall have an additional 30 days in which to resubmit a complete and adequate plan. The decision of the Director is final.
(F) Noncompliance. A cart owner who fails to submit an effective cart nuisance abatement program, or whose program is denied, or whose program is approved but who then does not comply with the terms of the approved program, shall be subject to enforcement of these requirements as set forth in PMC § 12.30.120 (Enforcement). Each day during which a retail establishment/cart owner has not complied with the provisions of this Chapter shall constitute a separate violation. (Ord. 1615 § 7, 2023)
12.30.070 Modification, revocation, and renewal of effective cart nuisance abatement plan.
For purpose of enforcing this Chapter, enforcement personnel may enter public or private property as allowed by law, or with the consent of the property owner, or by warrant, to examine a cart or to cause the removal of such cart if authorized pursuant to this Chapter.
(A) Modification – Amendments by Owner. The owner of any retail establishment which has an approved effective cart nuisance abatement plan conforming to the requirements of this Chapter may, at any time, submit a proposed amendment to the approved plan, which amendment shall be processed in accordance with the procedure provided for a proposed effective cart nuisance abatement plan as set forth in PMC § 12.30.060 (Effective cart nuisance abatement program). Each proposed amendment shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed amendment shall be accepted for filing and processing by the Director unless accompanied by the processing fee as established by the City Council.
(B) Revocation or Amendment by City. An approved effective cart nuisance abatement plan may be revoked by the Director, or modified in lieu of revocation in the exercise of the Director’s sound discretion, upon any of the following grounds:
(1) The owner of any retail establishment is operating, or is permitting operation of, the retail establishment in violation of one or more of the provisions of the approved effective cart nuisance abatement plan and has failed to correct the violation(s) for a period of at least 15 calendar days following the date of receipt of written notice of such violation(s) from the City;
(2) The owner of any retail establishment with an approved effective cart nuisance abatement plan is operating, or is permitting the operation of, the retail establishment in violation of one or more of the requirements of this Chapter and has failed to correct the violation(s) for a period of at least 15 calendar days following the date of receipt of written notice of such violation(s) from the City;
(3) The effective cart nuisance abatement plan, as approved, is inadequate to prevent the removal of shopping carts from the premises of the retail establishment, or reasonably ensure the prompt retrieval of abandoned shopping carts; or
(4) The owner of any retail establishment knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the effective cart nuisance abatement plan, or in any amendment or in any other required document.
(C) Renewal. Prior to the expiration of an approved effective cart nuisance abatement plan, the owner of any retail establishment holding an approved effective cart nuisance abatement plan shall submit to the Director a request for renewal. Each request for renewal shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No request for renewal shall be accepted for filing and processing by the Director unless accompanied by the processing fee as established by the City Council.
(1) The request for renewal shall:
(a) Include a copy of the approved effective cart nuisance abatement plan; and
(b) Identify any proposed amendments to the approved effective cart nuisance abatement plan.
(2) Requests for renewal shall be processed in accordance with PMC § 12.30.060(D) (Effective cart nuisance abatement program) and the decision of the Director shall be made in accordance with PMC § 12.30.060(E) (Effective cart nuisance abatement program).
(3) A renewed effective cart nuisance abatement plan shall be valid for a period of one year or until the date required for renewal of the retail establishment’s existing business license. Each year, a renewal application must be submitted with the retail establishment’s business license renewal application submitted to the City pursuant to PMC § 3.44.240 (Renewal license application). (Ord. 1615 § 8, 2023)
12.30.080 Abandoned shopping carts – Abatement and storage.
(A) Removal. Enforcement personnel shall have the authority to remove any abandoned cart on public or private property, other than from the property of the cart owner, under the following conditions:
(1) Identified Carts. If the abandoned cart is an identified cart, removal may occur three business days after enforcement personnel gives the cart owner actual notice of the cart’s discovery and location. A cart owner is deemed to have actual notice three days after the deposit of written notice in the United States mail, posted first-class to the address indicated on the cart or the cart owner’s last known address. If actual notice is provided by telephone, enforcement personnel shall maintain a record of the time, date, and name of the person notified.
(2) Unidentified Carts. If the abandoned cart is an unidentified cart, but other information on the cart provides sufficient information as to the identification of the cart owner, removal may occur either after enforcement personnel notifies the owner by telephone of the cart’s discovery and location and grants a reasonable period of time, not to exceed 24 hours, for the cart owner to retrieve such cart, or immediately after reasonable efforts by enforcement personnel to notify the owner by telephone have failed. Enforcement personnel shall maintain a record of the time, date, and name of the person notified or attempted to be notified. If the owner cannot be determined from information on the cart, the cart shall be deemed an “unidentified cart” subject to PMC § 12.30.090 (Option for immediate impoundment).
(B) Storage. Any abandoned cart removed from public or private property by enforcement personnel shall be stored for 30 days at a location designated by the Director, which is reasonably convenient to the cart owner and open for business at least six hours of each business day.
(C) Fees for Actual Costs Payable to City. Any abandoned cart removed from public or private property and stored pursuant to this Section shall be released to the lawful cart owner if claimed within 30 days after such removal and upon payment of a redemption fee. The redemption fee for the removal and storage of any abandoned cart under this Section shall be established by City Council resolution and shall cover the actual costs of removal, storage, and related administrative procedures. The schedule for such fees shall remain on file and be available in the office of the Director and the office of the City Clerk.
(D) Fines. In addition to any redemption fee for which a cart owner is liable, the owner shall also be liable for a fine in an amount established by resolution of the City Council for each occurrence in excess of three during any six-month period for failure to retrieve a cart in accordance with PMC § 12.30.090(A)(4) (Option for immediate impoundment). As used herein, an “occurrence” includes all of owner’s carts impounded in accordance with this Chapter in a one-day period.
(E) Opportunity to Obtain Personal Property. If there is personal property within an abandoned cart and the owner of that personal property is accompanying the abandoned cart, the person will be given written notice to remove such personal property within the cart before removal of the cart under Subsection (A) of this Section. If there is no person accompanying the abandoned cart containing personal property, enforcement personnel shall follow the procedures under PMC Chapter 12.28 (Storage of Personal Property in Public Places) for storage of personal property in public places, be the cart located on public or private property. (Ord. 1615 § 9, 2023)
12.30.090 Option for immediate impoundment.
(A) Notwithstanding PMC § 12.30.080(A) (Abandoned shopping carts – Abatement and storage), enforcement personnel may impound an abandoned cart that otherwise meets the criteria set forth in PMC § 12.30.080(A) (Abandoned shopping carts – Abatement and storage) without complying with the three-business day advance-notice requirement, provided that each of the following is met:
(1) The cart owner of the abandoned cart is provided actual notice within 24 hours following the impound and that notice informs the cart owner as to the location where the cart may be claimed;
(2) Any cart so impounded shall be held at a location in compliance with PMC § 12.30.080(B) (Abandoned shopping carts – Abatement and storage);
(3) Any cart reclaimed by the cart owner within three business days following the date of actual notice as provided pursuant to this Section shall be released and surrendered to the owner at no charge whatsoever, including the waiver of any redemption fees that would otherwise be applicable pursuant to PMC § 12.30.080(C) (Abandoned shopping carts – Abatement and storage); and
(4) Any cart not reclaimed by the cart owner within three business days following the date of actual notice as provided pursuant to this Section shall be subject to any applicable fee imposed pursuant to PMC § 12.30.080(C) (Abandoned shopping carts – Abatement and storage) commencing on the fourth business day following the date of notice but accruing from the date of retrieval and storage, and any applicable fine imposed pursuant to PMC § 12.30.080(D) (Abandoned shopping carts – Abatement and storage). Any cart reclaimed by the owner within three business days following the date of actual notice as provided pursuant to this Section shall not be deemed an “occurrence” under PMC § 12.30.080(D) (Abandoned shopping carts – Abatement and storage).
(5) If any cart to be impounded contains personal property, and the owner of that personal property is accompanying the cart, the person will be given written notice to remove such personal property within the cart before immediate impoundment under Subsection (A) of this Section. If there is no person accompanying the cart containing personal property, immediate impoundment of the cart is allowed only if the personal property is “intentionally abandoned,” “contraband,” or “hazardous waste” which may be disposed of or “constitutes evidence in a criminal investigation” as provided under PMC § 12.28.040(A) and (B) (Notice of impound and/or disposal).
(B) Any shopping cart involved in a violation of PMC § 12.30.050(A) (Unlawful removal or possession of shopping carts prohibited – Power to contract) is subject to immediate impoundment, and such impoundment shall follow the procedures provided in Subsection (A) of this Section.
(C) Sale; Final Disposition. Any cart not reclaimed by the cart owner within 30 days of receipt following the date of actual notice as provided pursuant to this Section, may be sold or disposed of in accordance with PMC § 12.30.110 (Final disposition of unclaimed shopping carts). (Ord. 1615 § 10, 2023)
12.30.100 Notice of violation on unidentified shopping carts.
Within 10 days of the removal of an abandoned cart pursuant to this Chapter, enforcement personnel shall provide notice to any known owner of the cart by first-class mail at the address indicated on the cart or the cart owner’s last known address. The notice shall include the following information:
(A) Date and location of removal of the cart from public or private property;
(B) Procedure for recovering such cart; and
(C) Last possible date such cart may be recovered.
If the cart owner is unknown and not clearly identified on the cart, the cart shall be designated “unidentified.” Enforcement personnel, for each unidentified cart, shall maintain a record containing the information above and a brief description of the cart. (Ord. 1615 § 11, 2023)
12.30.110 Final disposition of unclaimed shopping carts.
Thirty days after notice is given to the owner, or after any shopping cart is designated “unidentified” pursuant to PMC § 12.30.100 (Notice of violation on unidentified shopping carts), any abandoned cart not claimed may be sold at public auction or otherwise disposed of. Any proceeds derived from such auction or disposal shall be used to pay the costs of removal, storage, and related administrative procedures. Surplus proceeds derived from such auction or disposal shall be deposited in the general fund of the City. (Ord. 1615 § 12, 2023)
12.30.120 Enforcement.
For purpose of enforcing this Chapter, enforcement personnel may enter public or private property as allowed by law, or with the consent of the property owner, or by warrant, to examine a cart or to cause the removal of such cart if authorized pursuant to this chapter. Any person violating any of the provisions of this Chapter shall be punishable as set forth in PMC Title 1 (General Provisions). Where the conduct constituting the violation is of a continuing nature, each day that the conduct continues shall be deemed a separate and distinct violation.
All retail establishments governed by this Chapter shall also comply with all other regulations and provisions in the City, including zoning and business licensing requirements. (Ord. 1615 § 13, 2023)