§ 8.54.040. Impoundment of shopping carts with identification signs.

The impoundment procedures contained in this section shall apply only to shopping carts that have the identification sign required by Section 8.54.030.

A. Any abandoned shopping cart may be impounded by the city at the owner's cost if, prior to said impoundment, the city provides to the owner or the owner's agent a minimum of three business days actual notice of the shopping cart's discovery and location. Notice may be given by any appropriate means, including by telephone. After said impoundment, the city shall notify either the owner of the shopping cart or the owner's agent, either by telephone or in writing, that the city has impounded the shopping cart and the address at which the shopping cart is then located. Any owner wishing to reclaim a shopping cart impounded pursuant to this subsection may appear during normal business hours at the applicable location and reclaim the shopping cart upon paying the fifty dollar fine authorized by Business and Professions Code Section 22435.7 subsection (f) (the "fine"), if applicable, and the city's actual costs incurred for impoundment and storage of the shopping cart. The fine shall only be required to be paid if the owner or the owner's agent fails to retrieve one or more shopping carts within the applicable three-day period on three separate occurrences within any six month period.

B. Any abandoned shopping cart may be immediately impounded by the city provided that the city shall, within twenty-four hours of the shopping cart's impoundment, notify the owner or the owner's agent that the shopping cart has been impounded and the location at which the shopping cart was impounded. Any owner wishing to reclaim a shopping cart impounded pursuant to this subsection may appear during normal business hours within three business days of the date of notice at the location and times indicated in the notice and reclaim the shopping cart free of charge, unless the shopping cart was impounded pursuant to subsection C of this section. Any shopping cart reclaimed within the three-business-day period shall not be deemed an "occurrence" for the purposes of assessing the fine referred to in subsection A of this section. Any shopping cart not reclaimed within the three-business-day period shall be subject to any applicable fee or fine imposed pursuant to subsection A of thi ssection commencing on the fourth business day following the date of the notice.

C. Notwithstanding anything contained in subsections A or B of this section, any abandoned shopping cart found in a location where it will impede emergency services or otherwise cause an immediate threat of danger to persons or property may be immediately impounded by the city. After said impoundment, the city shall, within twenty-four hours of the shopping cart's impoundment, notify the owner of the shopping cart or the owner's agent, in writing, that the city has impounded the shopping cart and the address at which the shopping cart is then located. Any owner wishing to reclaim a shopping cart impounded pursuant to this subsection may appear during normal business hours within three business days of the date of notice at the applicable location and reclaim the shopping cart upon paying the fine, if applicable, and the city's actual costs incurred for impoundment and storage of the shopping cart.

(Ord. 2001-06-1286 § 1 (part))