(A) The City of Tulare hereby adopts Cal. Business and Professions Code § 22435 in reference to the impoundment of abandoned carts. Pursuant to the provisions of the Business and Professions Code, a cart that has a sign affixed to it in accordance with Cal. Business and Professions Code § 22435.1 may be impounded by the city provided both of the following conditions have been satisfied.
(1) The shopping cart is located outside the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multi-store complex or shopping center shall include the entire parking area used by the complex or center.
(2) Except as provided in division (G) above, the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the city of the shopping cart’s discovery and location.
(B) In instances where the location of a shopping cart will impede emergency services the city is authorized to immediately retrieve the shopping cart from public or private property.
(C) When the city impounds a shopping cart under the authority provided in divisions (A) and (B) above, the city is authorized to recover its actual costs for providing this service.
(D) Any shopping cart that is impounded by the city pursuant to divisions (A) and (B) above shall be held at a location that is both:
(1) Reasonably convenient to the owner of the shopping cart; and
(2) Open for business at least six hours of each business day.
(E) The city shall fine the owner of a shopping cart in an amount as set by the Tulare City Council for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one-day period.
(F) The city may sell or otherwise dispose of any shopping cart not reclaimed from the city within 30 days of receipt of a notice of violation by the owner of the shopping cart.
(G) Notwithstanding division (A)(2) of this section, the city may impound a shopping cart that otherwise meets the criteria set forth in division (A)(1) without complying with the three-day advance notice requirement provided that:
(1) The owner of the shopping cart, or his or her agent, is provided actual notice within 24 hours following the impound and that notice informs the owner, or his or her agent, as to the location where the shopping cart may be claimed.
(2) Any shopping cart so impounded shall be held at a location in compliance with division (D) of this section.
(3) Any shopping cart reclaimed by the owner or his or her agent, within three business days following the date of actual notice as provided pursuant to division (G)(1) of this section, shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to divisions (C) or (E) of this section. Any cart reclaimed within the three business day period shall not be deemed an occurrence for purposes of division (E) of this section.
(4) Any shopping cart not reclaimed by the owner or his or her agent, within three business days following the date of actual notice as provided pursuant to division (G)(1) of this section, shall be subject to any applicable fee or fine imposed pursuant to divisions (C) or (E) of this section commencing on the fourth business day following the date of the notice.
(5) Any shopping cart not reclaimed by the owner or his or her agent, within 30 days of receipt following the date of actual notice as provided pursuant to division (G)(1) of this section, may be sold or disposed of in accordance with division (F) of this section.
(1995 Code, § 7.60.100) (Ord. 06-2011, passed - -2006)