(A) (1) Pursuant to the provisions of § 22435.7(f) of the Cal. Bus. and Prof. Code, upon a fourth failure and upon each successive failure thereafter within any six consecutive month period by an owner of an owner identified shopping cart, to retrieve any such cart or carts for which notice of discovery thereof has been given by the city pursuant to §§ 132.01 through 132.11, a civil penalty in the amount of $50 shall be paid by such owner.
(2) Upon a fourth failure and upon each successive failure thereafter within any six consecutive month period by an owner of an unidentified shopping cart, to retrieve any such cart or carts within the 30-day period specified in § 132.06(B), a civil penalty in the amount of $50 shall be paid by such owner.
(3) No more than one failure to retrieve may accrue for any given day as to any owner, regardless of the number of such owner’s carts retrieved on such day.
(4) Any and all civil penalties authorized by this division (A) shall be deemed to be imposed without prior notice being given by the city. The City Manager or designee shall maintain records of facts relevant to the imposition of any and all civil penalties. Within 90 days, and at the city’s discretion and convenience, notice of assessment of a civil penalty or penalties shall be given to affected shopping cart owners by first class mail addressed to their respective retail establishments. Such notice shall set forth the date and circumstance surrounding the imposition of each civil penalty and shall further state that the amount of the penalty is payable within 30 days of the date of the notice. Thereafter, each civil penalty imposed shall be paid within such period unless, within ten calendar days of the date of such notice, the shopping cart owner files a written appeal with the City Council or its designee. Thereafter, a hearing will be scheduled and conducted within 30 calendar days at which time the owner or authorized representative may appear and be heard on the matter. If the City Council or designee determines that the city did not substantially comply with applicable provisions of §§ 132.04 through 132.11 and this division (A), or finds that any civil penalty was otherwise not properly imposed, the owner shall not be required to pay such civil penalty. The decision of the City Council or designee shall be final.
(5) In the event any civil penalty, not successfully appealed, remains unpaid after 30 days of the date of the notice thereof, such penalty shall constitute a civil debt of the shopping cart owner and may be collected as a contract debt by way of legal action or otherwise as permitted by law. Furthermore, such civil penalties may be added to any tagging and retrieval fees which may accrue to such shopping cart owner. In such instance, the entire amount of tagging and retrieval fees, plus accrued civil penalties shall be paid prior to any impounded shopping carts being released to such owner.
(2) Additional penalties. Whenever deemed appropriate, it is the city’s intent to petition a sentencing court to impose the following additional penalties or conditions of any grant or probation, diversion, deferred entry of judgment, or other court supervision (including upon a determination that a minor is to be a ward of the court as a result of committing an act of vandalism or graffiti) upon conviction:
(a) Suspension or delay in issuance of driver’s license (pursuant to Cal. Veh. Code § 13202.6);
(c) Payment of restitution for the expenses/costs of abatement pursuant to Cal. Penal Code § 1202.4, Cal. Gov’t Code § 38772, or other state law.
(3) Cumulative remedies. The remedies provided in this division (B) are in addition to other remedies and penalties available under provisions of other applicable city ordinances, the laws of the State of California, or the laws of the United States.
(Ord. 992, passed 6-26-08; Am. Ord. 996, passed 1-22-09)