A. The city may impound an abandoned shopping cart located on public property outside the premises or parking lot of a retail establishment (or private property at the request and with the consent of the property owner) under the following conditions:
1. Where the location of the cart will impede emergency services.
2. When the shopping cart does not identify the owner of the cart as required by Code Section 9.27.050.
3. When the city has contacted either the owner, the owner's agent, or the entity contracted by the owner under the abandoned cart prevention plan and notified it of the abandoned cart's location.
4. When the city has notified the above entities of the abandoned cart, its location and/or the cart has not been retrieved within the three (3) business days of receipt of the notice.
5. When the cart is in a public right-of-way.
B. Any cart removed from public or private property by the director shall be stored for thirty (30) days at a location designated by the director which is reasonably convenient for the owner of the cart and is open for at least six (6) hours of each business day.
C. In cases where a cart does not provide adequate identification or markings to determine its owner, the city shall only be required to notify the cart owner when that owner has been identified.
D. A cart owner has thirty (30) days to retrieve any cart that has been impounded by the city. If the cart has not been retrieved by its owner/representative within thirty (30) days of receiving a notice, or if the cart's owner cannot be determined within thirty (30) days of being impounded, the cart may be sold or destroyed by the city, its agents and/or contractors.
E. The city shall provide notice of each impounded shopping cart as follows:
1. If the cart contains information identifying a specific entity or person as the owner or contact, the city shall give notice to that person. Otherwise, the city shall give notice to the entity or person that the city has reason to believe is the owner.
2. Where an empty shopping cart lacks sufficient markings to enable the city to determine the owner or owner's agent, the city may treat the empty shopping cart as abandoned property.
3. The city will follow the approved notice requirements imposed by this section by placing a telephone call during regular business hours to the owner or owner's designated representative.
F. Any cart removed from public or private property and stored pursuant to this section shall be released to the lawful cart owner if claimed within thirty (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 City Clerk.
G. In addition to any redemption fee for which a cart owner is liable, owner shall also be liable for a fine in an amount not to exceed the amount set forth in Business and Profession Code section 22435.7 and established by resolution of the city council for each occurrence in excess of three (3) during any six (6) month period for failure to retrieve a cart in accordance with Section 9.27.120. As used herein, an "occurrence" includes all of owner's carts impounded in accordance with this chapter in a one-day period.
(Ord. 2593 §1 (part))