Findings. | |
Definitions. | |
Scope; Declaration of Nuisance. | |
Impoundment. | |
Emergency Impoundment. | |
Hearing. | |
Carts Bearing Identification Signs. | |
Nature of Director's Duties. | |
Limitation of Liability. | |
Severability. | |
Signage Required on Carts. | |
Mandatory Signage on Premises. | |
Exemptions. | |
Securing of Carts. | |
Penalty. | |
The Board of Supervisors finds as follows:
(a) The City and County of San Francisco has a substantial interest in promoting the public health, safety, welfare and convenience of its citizens and visitors by ensuring that public streets, sidewalks and rights-of-way not be obstructed by unattended empty shopping carts left on either public property or on private property without the owner's consent.
(b) The proliferation of unattended empty shopping carts on City streets and public and private property has contributed to congestion of City sidewalks, impeded the flow of pedestrian and vehicular traffic, interfered with the use of streets, sidewalks and public rights-of-way, presented hazards to persons and property, contributed to litter problems and resulted in visual blight.
(c) The purpose of this ordinance is to promote the public health, safety and welfare and the aesthetic qualities of the City by promoting removal of unattended empty shopping carts on public property or on private property without the owner's consent so as to:
(1) Provide for pedestrian and vehicular safety and convenience;
(2) Ensure that there is no unreasonable interference in the flow of pedestrian or vehicular traffic, including ingress into, or egress from, any residence, place of business or public facility, or any legally parked or stopped vehicle; and
(3) Reduce visual blight and clutter and litter problems associated with empty shopping carts.
(Added by Ord. 32-02, File No. 012234, App. 3/22/2002)
(a) "Director" means the Director of the Department of Public Works, or his or her designee.
(b) "Empty shopping cart" means a shopping cart that does not contain personal property or merchandise purchased from a retail establishment. A shopping cart containing only litter or trash shall be considered an empty shopping cart for purposes of this definition.
(c) "Parking area" means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle.
(d) "Personal property" shall mean property that consists of readily identifiable personal effects in usable condition or that appear to be temporarily stored for later retrieval including, but not limited to, blankets, clothing, radios, TVs, sleeping bags, ground covers, toiletries, eye glasses, jewelry, medications, personal papers, recyclables, shoes, tarpaulins, bags, backpacks, tents or luggage and other items of significant value.
(f) "Property owner" means the owner of real property or his or her designated agent.
(g) "Shopping Cart" means a basket that is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.
(Added by Ord. 32-02, File No. 012234, App. 3/22/2002)
The requirements of this Article shall apply only to unattended empty shopping carts. Unattended empty shopping carts located on either public property or on private property without the owner's consent are hereby declared a nuisance.
(Added by Ord. 32-02, File No. 012234, App. 3/22/2002)
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