* Prior history: Prior code §§ 26-20.1--26-20.7 and Ord. 4969.

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. Responsibility for minimizing or eliminating this impact rests with individuals who use shopping carts and the businesses which provide shopping carts for their patrons. Therefore, effective containment or control of the shopping carts shall be mandated, and 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. (Ord. 5453 § 1 (part), 2005)

12.32.020 Definitions.

The following word and phrases shall have the meanings ascribed to them unless otherwise noted:

"Abandoned shopping cart" means a shopping cart located outside the premises or parking lot or facility of the business establishment which furnishes the shopping cart for use by its patrons.

"Director" means the director of community development and housing or his or her designate.

"Shopping cart" means any basket of any size, mounted on wheels or a similar device, including parts thereof, provided by a store operator for the purpose of transporting goods of any kind within a business establishment or designated parking or loading area of that business establishment.

"Shopping cart owner" means the owner of the shopping cart, the agent of the owner of the shopping cart, including individuals or business entities, or the business establishment which furnishes the shopping cart for use.

"Store premises" mean the lot area, maintained and managed by the business, that may include the building, parking lot and adjacent walkways, and where the business' shopping carts are permitted. (Ord. 5453 § 1 (part), 2005)

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 department and police department of the city. In enforcing the provisions of this chapter, employees of the aforementioned departments 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 owner, and to remove, or cause the removal of, a shopping cart, or parts thereof, declared to be a nuisance pursuant to this chapter. (Ord. 5453 § 1 (part), 2005)

12.32.040 Retrieval.

All shopping cart owners shall secure and continuously maintain a service to retrieve shopping carts which have been removed from their premises, and provide evidence thereof, to the director upon request. (Ord. 5453 § 1 (part), 2005)

12.32.050 General Assessments.

A. The provisions contained in Title 30 of the Glendale Municipal Code related to shopping carts shall apply.

B. Upon request, shopping cart owners shall provide to the director information, including but not limited to, information concerning shopping cart use, loss and recovery specific to that business location, and such other information deemed reasonable by the director to determine the adequacy of the shopping cart containment system or control method.

C. All shopping cart owners shall post a multilingual sign not less than eighteen (18) inches in width and twenty-four (24) inches in height with block lettering not less than one-half (1/2) inch in width and two (2) inches in height in a conspicuous place on the building within two (2) feet of all customer entrances and exits stating, at a minimum, the following:

REMOVAL OF SHOPPING CARTS
FROM THE PREMISES IS
PROHIBITED BY LAW.
B & P Code Section 22435.2

(Ord. 5453 § 1 (part), 2005)

12.32.060 Unauthorized removal or possession.

Procedures related to removal and possession of any shopping carts shall be pursuant to Business and Professions Code, Sections 22435.2--22435.5. (Ord. 5453 § 1 (part), 2005)

12.32.070 Abandoned shopping carts--Abatement, removal and storage.

A. Procedures related to authorization for abatement, removal and storage of abandoned shopping carts shall be pursuant to Business and Professions Code, Section 22435.7.

B. The administrative fees for the removal and storage of shopping carts 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 department of the city. The director shall review the fees charged for such service at least once annually, and may, with the approval of the city manager, recommend changes to the council when the costs for such services make it appropriate. (Ord. 5453 § 1 (part), 2005)

12.32.080 Shopping cart violations--Misdemeanor.

Notwithstanding the provisions of Chapter 1.20 of this code, whenever in this chapter, any act is prohibited or declared unlawful or the doing of any act is required, or the failure to do any act is declared to be unlawful, it shall be a misdemeanor for each incident and/or each day of failure to comply. (Ord. 5453 § 1 (part), 2005)

12.32.090 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. (Ord. 5453 § 1 (part), 2005)