A. Any shopping cart retrieved by the city pursuant to section 4-5-3 of this chapter, or pursuant to Business and Professions Code section 22435.7, shall be impounded and removed to the cart storage yard.
B. Any shopping cart which does not have the required identification affixed hereto and is impounded by the city shall be stored and disposed of as follows:
1. The code enforcement officer retrieving the shopping cart shall attach a tag thereto, or make a written report, identifying the date, time and general location from where the shopping cart was removed as well as the name of the enforcement personnel who retrieved the shopping cart.
2. The shopping cart shall be delivered and custody thereof given to the custodian at the cart storage yard.
3. If the shopping cart has the name, address, telephone number or other identifying marks of any retail establishment or person thereon, the city shall attempt to notify such establishment or person of the retrieval and location of the shopping cart and provide an opportunity for such establishment or person to establish ownership or the right to possession of the retrieved shopping cart to the custodian. In addition, if the shopping cart was retrieved from private property, the city shall attempt to notify the owner or occupant, if any, of such property and provide an opportunity for such owner or occupant to establish ownership or the right to possession of the retrieved shopping cart to the custodian.
4. The shopping cart shall be released to any establishment or person who submits evidence satisfactory to the custodian to prove ownership or the right to possession of the shopping cart. The shopping cart shall be released only upon payment of the retrieval fee and applicable storage charges as established by resolution of the city council; provided, however, no fee shall be required in any instance where the owner or person entitled to possession of the shopping cart proves to the satisfaction of the custodian that said shopping cart was not a lost, stolen or abandoned shopping cart within the meaning of this chapter.
5. If the owner or other person or establishment entitled to possession of a lost, stolen or abandoned shopping cart does not appear and present evidence satisfactory to the custodian for the release of the shopping cart within ninety (90) calendar days following the date said cart is retrieved by the city, the shopping cart may be sold or disposed of by the custodian.
C. Any shopping cart which has the required identification affixed thereto and is impounded by the city following compliance with the applicable provisions of section 4-5-3 of this chapter shall be stored and disposed of as follows:
1. The enforcement personnel retrieving the shopping cart shall attach a tag thereto, or make a written report identifying the date, time and general location from where the shopping cart was removed as well as the name of the code enforcement officer who retrieved the shopping cart.
2. The shopping cart shall be delivered and custody thereof given to the custodian at the cart storage yard.
3. The city shall provide a written notice of violation to the retail establishment or owner as identified on the required identification informing such owner or establishment of the retrieval and location of the shopping cart. In addition, if the shopping cart was retrieved from private property, the city shall attempt to notify the owner or occupant, if any, of such property of the retrieval and location of the shopping cart and provide an opportunity for such owner or occupant to establish ownership or the right to possession of the retrieved shopping cart to the custodian.
4. The shopping cart shall be released to any establishment or person who submits evidence satisfactory to the custodian to prove ownership or the right to possession of the shopping cart. The shopping cart shall be released only upon payment of the fine, if any, established by section 4-5-8 of this chapter, the redemption fee and applicable storage charges as established by resolution of the city council; provided however, no fee or charges shall be imposed or required in any instance where the owner or person entitled to possession of the shopping cart proves to the satisfaction of the custodian that said shopping cart was not a lost, stolen or abandoned shopping cart within the meaning of this chapter. In addition, no fee or charges shall be imposed or required to the extent the city and the owner or retail establishment have entered into an agreement waiving any such fee or charges, or any portion thereof, pursuant to section 4-5-5 of this chapter.
5. If the owner or other person or establishment entitled to possession of the shopping cart does not appear and present evidence satisfactory to the custodian for the release of the shopping cart within thirty (30) calendar days following the date of the notice of violation provided herein, the shopping cart may be sold or disposed of by the custodian. (Ord. 2006-06, 4-25-2006)