It is unlawful to do any of the following acts:
(1) Remove an unidentified shopping cart from the premises or parking area of a retail establishment;
(2) Be in possession of an unidentified shopping cart that has been removed from the premises or the parking area of a retail establishment;
(3) Leave or abandon a shopping cart on public or private property and at a location other than the premises or parking area of the retail establishment.
Any cart in the possession of, or abandoned by, any person found to be in violation of subsections (1), (2) or (3) above, may be impounded in accordance with the procedures set forth in Section 9.112.030 applicable to unidentified shopping carts, whether or not such cart is actually located on public or private property.
This section shall not apply to any person who can satisfactorily demonstrate ownership of the shopping cart, or to any person having written permission of the owner to have the cart in his or her possession.
Removal, possession and abandonment of owner identified shopping carts, shall be governed by the provisions of Business and Professions Code Section 22435.2. Any cart in the possession of any person found to be in violation of Business and Professions Code Section 22435.2 may be impounded by the city provided, however, that written notice shall be given to the identified owner of the impoundment of such cart. Provided the owner or representative thereof makes a proper claim for such cart within thirty calendar days of the date of mailing of such notice, no costs of retrieval shall be imposed upon such owner or representative. In the event any such cart remains unretrieved for thirty days following the mailing of such notice, the city may sell or otherwise dispose of such cart.
(Ord. 516 § 2 (part), 1997).