§ 4-16.301. Authority to Impound.

(a)

The City of Modesto may impound a shopping cart when the following conditions exist:

(1)

The shopping cart is located on a public right-of-way;

(2)

In instances where the location of a shopping cart will impede emergency services, the City is authorized to immediately retrieve the shopping cart from public or private property; and

(3)

Except as provided in Section 4-16.302, the shopping cart is not retrieved within three (3) business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the City of the shopping cart's discovery and location on private property; and

(i)

The shopping cart is located outside the premises or parking area of a business establishment. The parking area of a business establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center; and

(ii)

The shopping cart has a sign affixed to it as required by Section 4-16.201 of this Code.

(b)

Any shopping cart that is impounded by the City pursuant to Section 4-16.301 shall be held at a location that is both:

(1)

Reasonably convenient to the owner of the shopping cart; and

(2)

Open for business at least six (6) hours of each business day.

(c)

Any shopping cart not reclaimed from the City within thirty (30) days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the City.

(d)

In addition to any other remedy available by law, the City may impose an administrative penalty on the owner of a shopping cart in an amount not to exceed fifty dollars ($50.00) for each occurrence in excess of three (3) during a specified six (6) month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one (1) day period.

(e)

The City is authorized to recover actual costs incurred for impounding a shopping cart under the authority provided in subsections (a) and (b) above.

(Ord. 3486-C.S., § 1, effective 6-5-08)