Chapter 12.32
SHOPPING CARTS
12.32.010 Findings and declaration.
12.32.020 Definitions.
12.32.030 Administration and enforcement.
12.32.040 Abatement.
12.32.050 Assessments for shopping cart removal-Hearing.
12.32.060 Identification.
12.32.070 Chapter not exclusive.
12.32.010 Findings and declaration.
The city council makes the following findings and declarations:
The accumulation of wrecked, dismantled or abandoned shopping carts, or parts thereof, on public property is found to create a condition tending to reduce property values, to promote blight and deterioration, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to be aesthetically detrimental to the community and to be injurious to the health, safety and general welfare. Therefore, the presence of wrecked, dismantled or abandoned shopping carts, or parts thereof, on public property, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Prior code º 26-20.1)
12.32.020 Definitions.
The following words and phrases shall have the meanings ascribed to them unless otherwise noted:
"Parkway" means that area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. "Parkway" also includes any area within a roadway which is not open to vehicular travel.
"Public property" means and includes, but is not limited to, all that area dedicated to public use for public street purposes, roadways, parkways, alleys, sidewalks, flood-control channels, and any public right-of-way. (Ord. 4969 º 1, 1991: prior code º 26-20.2)
12.32.030 Administration and enforcement.
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the community development and housing, public works, parks, recreation and community service, public service divisions of the city. In the enforcement of this chapter, employees of the aforementioned divisions may enter onto public property to examine a shopping cart or parts thereof, or to obtain information as to the identity of a shopping cart and to remove, or cause the removal of, a shopping cart, or parts thereof, declared to be a nuisance pursuant to this chapter. (Ord. 4969 º 1, 1991: prior code º 26-20.3)
12.32.040 Abatement.
Upon discovering the existence of a wrecked, dismantled or abandoned shopping cart, or parts thereof, on public property within the city, the previously mentioned authorized city divisions shall have the authority to cause the abatement and removal thereof in accordance with the procedure described in this chapter. (Prior code º 26-20.4)
12.32.050 Assessments for shopping cart removal-Hearing.
A. Upon the abatement and removal of any shopping cart located on public property within the city, the director of community development and housing or his/her designate shall notify the owner thereof by mailing a notice of abatement to the last known address of the owner. Such notice shall state the date the shopping cart was removed from public property, the location, and procedure for retrieval of the shopping cart, and a statement that, in order to receive a hearing with regard to the removal of the shopping cart the owner or its agent shall submit a request for such hearing either in person or in writing within ten days of the date appearing on the notice. Any such shopping cart removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within thirty days after such removal and upon the payment of reasonable administrative fees. Such administrative fees shall be waived if, after a hearing has been requested, a determination is made at such hearing that upon finding of good cause the administrative fees shall be waived.
B. The administrative fees for the removal and storage of the shopping cart shall be established or modified by resolution of the city council and shall include the actual cost of removal and storage of any shopping cart, or parts thereof, plus the proportionate share of administrative costs in connection therewith. The schedule for such fees shall remain on file and be available in the finance division of the city. The director of community development and housing shall review the fees charged for such service at least once annually, and shall, with the approval of the city manager, recommend changes to the council when the costs for such services make it appropriate.
C. Any hearing which is requested shall be conducted within five days of the receipt of the request for such hearing, excluding weekends and holidays, by the director of community development and housing or his/her designate, who should be designated as the hearing officer. The failure of either the owner or its agent to request a hearing shall satisfy the hearing requirement. If it is determined at a hearing that reasonable grounds for the abatement and removal of a shopping cart are not established, no fee for removal and storage of such shopping cart shall be imposed. At the close of the hearing, the hearing officer shall determine whether good cause was shown for the abatement and removal of the shopping cart from public property. The decision of the hearing officer shall be deemed the final administrative determination. If good cause is shown for the abatement and removal of the shopping cart, the owner or its agent shall have fifteen days from the date of the hearing to retrieve its shopping cart upon payment of the administrative fee. If good cause is not shown for the abatement and removal of the shopping cart from public property, the administrative fee shall be waived and the owner or its agent shall have fifteen days to retrieve its shopping cart from the public works yard.
D. Any shopping carts which are not retrieved by the owner of such shopping cart within thirty days after the mailing of written notice of abatement, when such owner has not requested a hearing, in accordance with this section, may be sold at public auction or otherwise disposed of at the end of thirty days following such notice. (Ord. 4969 º 2, 1991: prior code º 26-20.5)
12.32.060 Identification.
All shopping carts used in the city shall be properly identified by the owner thereof, including the name, address and telephone number of the local store in which such shopping cart is to be used. (Prior º 26-20.6)
12.32.070 Chapter not exclusive.
This chapter is not to be construed as the exclusive regulation of wrecked, dismantled or abandoned shopping carts within the city. It shall supplement and be in addition to other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, state or any other legal entity or agency having jurisdiction. (Prior code º 26-20.7)