(A) This chapter shall be administered and enforced by the Director with the assistance of the Police Chief, Fire Chief and their designated agents and Code Enforcement Officers. The Director is hereby authorized and directed to promulgate and implement rules, regulations and procedures necessary or appropriate for the enforcement of this chapter. The Director, Police Chief, Fire Chief and their designated agents and code enforcement officers are authorized as follows:
(1) To enter upon and inspect any public and private property or premises to ascertain whether the provisions of this chapter or applicable state laws are being obeyed. As used herein,
PUBLIC PROPERTY includes the outdoor common area of any building, business premises, apartment building or complex or other premises or portion thereof which is adjacent to public property, open to the public and which contains a shopping cart or shopping carts visible at street or ground level from the adjacent public property. All inspections, entries and examinations shall be done in a reasonable manner. If
an owner, tenant, occupant or agent or other responsible party refuses to grant the city permission to enter or inspect, the city may seek an inspection warrant pursuant to the procedures provided for in the California Code of Civil Procedure. Nothing contained in this section shall be deemed a limitation upon the Director to enter private property pursuant to permission from the owner or occupant thereof or pursuant to a duly issued inspection warrant or other court order;
(2) To examine a shopping cart or parts thereof, or to obtain information as to the identity of the owner of any shopping cart, or to retrieve shopping carts in accordance with the provisions of this chapter;
(3) To determine whether a violation of this chapter exists and to take appropriate action to gain compliance with the provisions of this chapter and applicable state laws; and
(4) To issue administrative citations and to impose civil penalties for any violation of this chapter.
(B) The Police Chief, city police officers and designated city employees, who shall be designated by a separate resolution pursuant to the provisions of Cal. Penal Code § 836.5, shall have the authority to issue criminal citations for violations of this chapter. The City Attorney and the District Attorney shall have the authority to file criminal complaints to enforce this chapter.
(1995 Code, § 7.60.030) (Ord. 06-2011, passed - -2006)