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5615ORDINANCE NO. 5615 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 7.50 TO TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO LOST, STOLEN OR ABANDONED SHOPPING CARTS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That new Chapter 7.50 be, and the same is hereby, added to Title 7 of the Anaheim Municipal Code to read as follows: "Chapter 7.50 LOST, STOLEN OR ABANDONED SHOPPING CARTS 7.50.010 PURPOSE. DECLARATION OF NUISANCE. The proliferation of lost or stolen shopping carts abandoned or discarded on public and private property causes blighting conditions in the community, results in the obstruction of free access to public and private sidewalks, streets, parking lots and other ways, and impedes emergency services. For the aforesaid reasons, such lost, stolen or abandoned shopping carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this chapter. The purpose of this chapter is to set forth reasonable regulations for the removal of lost or abandoned shopping carts from public or private property, to complement and supplement provisions of state law, and to adopt local regulations to the extent not otherwise preempted by state statute. 7.50.020 DEFINITIONS. Except as otherwise expressly set forth herein, the following words and terms as used in this chapter shall have the following meanings: `Shopping cart' means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. The term `shopping cart' includes a laundry cart. `Laundry cart' means a basket which is mounted on wheels and used in a coin-operated laundry or dry-cleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them. E `Parking area' means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center. `Lost, stolen or abandoned shopping cart' means a shopping cart which is either (i) removed from the premises or parking area of a retail establishment by any person without the written permission or consent of the owner of the shopping cart ox the retailer otherwise entitled to possession of such cart, or (ii) left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises or parking area with the permission of the owner or retailer. For purposes of this chapter, any shopping cart located on any public or private property other than the premises or parking area of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen or abandoned, even if in the possession of any person, unless such person in possession thereof either (i) is the owner or retailer entitled to possession of said shopping cart, (ii) is an officer, employee or agent of a cart retrieval service hired by the owner or retailer to retrieve such carts, (ii) is an enforcement officer retrieving, storing or disposing of said cart pursuant to the provisions of this chapter, or (iii) has written permission or consent to be in possession of said shopping cart from the owner or retailer entitled to possession of said shopping cart. `Cart storage yard' means the location designated by resolution of the City Council of the City as the site for storage of lost, stolen or abandoned shopping carts retrieved by enforcement personnel or otherwise delivered to the City. `City' means the City of Anaheim, California. `Code enforcement officer' means a code enforcement officer employed by the City. `Contractor' means a business, or an officer, employee or agent of a business, which retrieves and transports shopping carts pursuant to an agreement with the City. `Custodian' means the person or entity designated by resolution of the City Council of the City as the custodian of all lost, stolen or abandoned shopping carts located at the cart storage yard. `Enforcement personnel' means any police officer, code enforcement officer or contractor as defined herein. 2 `Police officer' means a police officer employed by the City. `Required Identification' means all of the information required pursuant to the provisions of Section 22435.1 of the Business and Professions Code of the State of California. 7.50.030 ENFORCEMENT OF CHAPTER. The provisions of this chapter shall be enforced by any enforcement personnel. To the extent otherwise permitted by law, said enforcement personnel may enter onto any public or private property in the City to retrieve, remove, store and dispose of any lost, stolen or abandoned shopping cart, or any part thereof. Any act authorized to be performed by the City pursuant to any provision of this chapter may be performed by any enforcement personnel. 7.50.040 RETRIEVAL OF SHOPPING CARTS. .010 The City may immediately retrieve any lost, stolen or abandoned shopping cart within the City where the location of the shopping cart will impede emergency services within the meaning of Section 22435.7(c) of the Business and Professions Code of the State of California. .010 The City may immediately retrieve any lost, stolen or abandoned shopping cart within the City which shopping cart does not have the Required Identification affixed thereto. .030 The City may retrieve any lost, stolen or abandoned shopping cart within the City which shopping cart has the Required Identification affixed thereto after providing the requisite notice to the owner of the shopping cart, or his or her agent, as required by Section 22435.7(b) of the Business and Professions Code of the State of California unless such notice has been voluntarily waived by the owner or his or her agent. 7.50.050 STORAGE AND DISPOSAL OF SHOPPING CARTS. .010 Any shopping cart retrieved by the City pursuant to Section 7.50.040 above, or pursuant to Section 22435.7 of the Business and Professions code, shall be impounded and removed to the cart storage yard. .020 Any shopping cart which does not have the Required Identification affixed thereto and is impounded by the City shall be stored and disposed of as follows: .0201 The enforcement personnel retrieving the shopping cart shall attach a tag thereto, or make a written ft3 report, identifying the date, time and general location from where the shopping cart was removed as well as the name of the enforcement personnel who retrieved the shopping cart. .0202 The shopping cart shall be delivered and custody thereof given to the custodian at the cart storage yard. .0203 If the shopping cart has the name, address, telephone number, or other identifying marks of any retail establishment or person thereon, the city shall attempt to notify such establishment or person of the retrieval and location of the shopping cart and provide an opportunity for such establishment or person to establish ownership or the right to possession of the retrieved shopping cart to the custodian. In addition, if the shopping cart was retrieved from private property, the city shall attempt to notify the owner or occupant, if any, of such property and provide an opportunity for such owner or occupant to establish ownership or the right to possession of the retrieved shopping cart to the custodian. .0204 The shopping cart shall be released to any establishment or person who submits evidence satisfactory to the custodian to prove ownership or the right to possession of the shopping cart. The shopping cart shall be released only upon payment of the retrieval fee and applicable storage charges as established by resolution of the City Council of the City; provided, however, no fee shall be required in any instance where the owner or person entitled to possession of the shopping cart proves to the satisfaction of the custodian that said shopping cart was not a lost, stolen or abandoned shopping cart within the meaning of this chapter. .0205 If the owner or other person or establishment entitled to possession of a lost, stolen or abandoned shopping cart does not appear and present evidence satisfactory to the custodian for the release of the shopping cart within ninety (90) calendar days following the date said cart is retrieved by the City, the shopping cart may be sold or disposed of by the custodian. .030 Any shopping cart which has the Required Identification affixed thereto and is impounded by the City following compliance with the applicable provisions of Section 7.50.040 of this chapter shall be stored and disposed of as follows: .0301 The enforcement personnel retrieving the shopping cart shall attach a tag thereto, or make a written report, identifying the date, time and general location from where the shopping cart was removed as well as the name of the enforcement personnel who retrieved the shopping cart. M .0302 The shopping cart shall be delivered and custody thereof given to the custodian at the cart storage yard. .0303 The City shall provide a written notice of violation to the retail establishment or owner as identified on the Required Identification informing such owner or establishment of the retrieval and location of the shopping cart. In addition, if the shopping cart was retrieved from private property, the City shall attempt to notify the owner or occupant, if any, of such property of the retrieval and location of the shopping cart and provide an opportunity for such owner or occupant to establish ownership or the right to possession of the retrieved shopping cart to the custodian. .0304 The shopping cart shall be released to any establishment or person who submits evidence satisfactory to the custodian to prove ownership or the right to possession of the shopping cart. The shopping cart shall be released only upon payment of the retrieval fee and applicable storage charges as established by resolution of the City Council of the City; provided, however, no fee or charges shall be imposed or required in any instance where the owner or person entitled to possession of the shopping cart proves to the satisfaction of the custodian that said shopping cart was not a lost, stolen or abandoned shopping cart within the meaning of this chapter. In addition, no fee or charges shall be imposed or required to the extent the City and the owner or retail establishment have entered into an agreement waiving any such fee or charges, or any portion thereof, pursuant to Section 7.50.080 of this chapter. .0305 If the owner or other person or establishment entitled to possession of the shopping cart does not appear and present evidence satisfactory to the custodian for the release of the shopping cart within thirty (30) calendar days following the date of the notice of violation provided pursuant to subsection .0303 above, the shopping cart may be sold or disposed of by the custodian. 7.50.060 APPEAL OF DECISIONS OF CUSTODIAN. Any decision of the custodian pursuant to this chapter shall be subject to appeal to the City Council of the City by filing a written notice of appeal, and specifying the grounds therefor, with the City Clerk of the City within ten (10) calendar days following the date of said decision by the custodian. In the absence of a timely filed appeal, the decision of the custodian shall be final. If a timely appeal is filed, the City Clerk shall notify the appellant of the date, time and place where such appeal will be considered by the City Council. In such instances, the decision of the City Council shall be final. 5 7.50.070 FINES FOR VIOLATIONS. The owner of a shopping cart shall pay a fine, and there is hereby imposed upon such owner as a debt owing to the City, the sum of Fifty Dollars ($50) for each occurrence in excess of three occurrences during any six-month period for failure to retrieve shopping carts in accordance with Section 22435.7 of the Business and Professions Code of the State of California. 7.50.080 CITY AGREEMENTS WITH RETAIL ESTABLISHMENTS. Notwithstanding any other provision of this chapter to the contrary, nothing contained in this chapter shall be deemed to impose a requirement upon the City with regard to advance notice to a shopping cart owner or retail establishment prior to the retrieval and impounding of a shopping cart to the extent the City and the owner or retail establishment have entered into an agreement which waives such requirement. Nothing contained herein shall require the City and any owner or retailer to enter into any such agreement. The City Manager of the City is hereby authorized to enter into such agreements on behalf of the City." SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. E ,r - THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 23rd day of September MAY OF THE CITY 010ANAHEIM NW610" ATTES� T:� // ac CITY CLERK OF THE CITY OF ANAHEIM 0023471.02 'i" STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5615 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 16th day of September, 1997, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 23rd day of September, 1997, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5615 on the 23rd day of September, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of September, 1997. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5615 and was published once in the North County News on the 2nd day of October, 1997. 1 CITY CLERK OF THE CITY OF ANAHEIM