(A) Upon the discovery of an unidentified shopping cart on public property, the city or its authorized contractor may remove the cart. Such carts shall be tagged with date and location and shall be impounded for 30 calendar days at a location selected by the city. A claim for a cart shall be presented to the City Manager or designee, and shall be accompanied by proof of ownership of the cart. A person demonstrating proof of ownership of a cart stored by the city shall pay the city’s tagging and retrieval fee, as set by City Council resolution, prior to the cart being released.
(B) Upon the discovery of any owner-identified shopping cart on public property, the city or its authorized contractor may remove the cart and promptly return it to the owner or premises identified thereon, or store the same for safekeeping and promptly notify the owner where it may be retrieved. Such safe storage shall not be deemed to be an impoundment, and no tagging and retrieval fee or civil penalty may accrue as a result thereof. Alternatively, any owner-identified shopping cart which is not retrieved within three business days from the date the owner of the cart, or his or her agent, receives actual notice including, but not limited to, telephonic notice, from the city of the shopping cart’s discovery and location, may be impounded and stored in accordance with § 22435.7 of the Code. Each such cart shall be tagged with the date and location of impoundment. Pursuant to § 22435.7(g) of the Code, written notice shall be mailed to the owner of any owner-identified shopping cart which is impounded pursuant to this section, which shall specify the date and time of such impoundment, the location where the cart may be retrieved, the cost of retrieval and that failure to retrieve such cart within 30 calendar days may result in the cart being disposed of as permitted by law.
(C) This section shall not apply to a cart attended by any person who can demonstrate, to the satisfaction of the city or its authorized contractor, ownership of the shopping cart or written permission of the owner, to have the cart in his or her possession.
(Ord. 996, passed 1-22-09) Penalty, see § 132.99