97-168RESOLUTION NO. 97R -168
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING FEES AND
OTHERWISE IMPLEMENTING THE PROVISIONS
OF CHAPTER 7.50 OF TITLE 7 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO LOST, STOLEN
OR ABANDONED SHOPPING CARTS
WHEREAS, the City Council of the City of Anaheim has
heretofore adopted Chapter 7.50 of Title 7 of the Anaheim
Municipal Code (hereinafter the "Municipal Code establishing
procedures relating to the retrieval, impounding, storage and
disposal of lost, stolen or abandoned shopping carts; and
WHEREAS, Chapter 19 of Division 8 (commencing with Section
22435) of the Business and Professions Code of the State of
California (hereinafter the "State Statute also establishes
procedures relating to lost, stolen or abandoned shopping carts;
WHEREAS, the Municipal Code and the State Statute both
authorize the City Council to adopt fees and charges and
establish certain other procedures relating to shopping carts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim as follows:
Section 1. The "cart storage yard" referred to in
Section 7.50.020 of the Municipal Code shall mean and refer to
Taormina Industries, Inc., located at 1131 North Blue Gum Street,
Anaheim, California.
Section 2. The "custodian" referred to in Section
7.50.020 of the Municipal Code shall mean and refer to the
Operations Manager of Taormina Industries, Inc.
Section 3. The "retrieval fee" referred to in subsection
.0204 and subsection .0304 of Section 7.50.050 of the Municipal
Code shall be Ten Dollars ($10.00) per shopping cart retrieved;
provided, however, only one such fee shall be imposed per owner
or retailer where more than one shopping cart under the same
ownership or control is retrieved from the same location at the
same time. Said fee does not exceed the reasonable cost to the
City of providing such service. Said fee shall be deemed a lien
on the shopping cart while in the possession of the City which
lien shall be extinguished by payment prior to the release of the
shopping cart to the owner or by sale of the shopping cart in
accordance with the procedures set forth in this chapter.
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Section 4. The "storage charge" referred to in
subsection .0204 and subsection .0304 of Section 7.50.050 of the
Municipal Code shall be Fifty Cents ($0.50) per day per shopping
cart. Said charge does not exceed the reasonable cost to the
City of providing such service. Said charge shall be deemed a
lien on the shopping cart while in the possession of the City
which lien shall be extinguished by payment prior to the release
of the shopping cart to the owner or by sale of the shopping cart
in accordance with the procedures set forth in this chapter.
Section 5. The provisions of this resolution shall be
deemed operative upon the effective date of Chapter 7.50 of the
Municipal Code.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 16th day of September
1997
CITY CLERK OF THE CITY OF ANAHEIM
0023485.01
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r
MAYOR OF THE CITY OF AN
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
Resolution No. 97R -168 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 16th 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 Resolution
No. 97R -168 on the 16th day of september, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 16th day of September, 1997.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -168 was duly passed and adopted by the City Council of
the City of Anaheim on September 16th, 1997.
CITY CLERK OF THE CITY OF ANAHEIM