§ 4-16.302. Requirements; Impound Fee After Three (3) Days.

Notwithstanding Section 4-16.301(a)(3), the City may impound a shopping cart that otherwise meets the criteria set forth in Sections 4-16.301(a)(1) and/or, 4-16.301(a)(2) without complying with the three (3) day advance notice requirement provided that:

(a)

The owner of the shopping cart, or his or her agent, is provided actual notice within twenty-four (24) hours following the impound and that the notice informs the owner, or his or her agent, as to the location where the shopping cart may be claimed.

(b)

Any shopping cart so impounded shall be held at a location in compliance with Section 4-16.301.

(c)

Any shopping cart reclaimed by the owner, or his or her agent, within three (3) business days following the date of actual notice shall be released and surrendered to the owner or agent without charge. Thereafter, if a cart is not retrieved within three (3) business days of notification by the City then an impound fee as established by the City Council, shall be imposed. Any cart reclaimed within the three (3) business day period shall not be deemed an occurrence for purposes of Sections 4-16.401 and 4-16.301(d).

(d)

Any shopping cart not reclaimed by the owner, or his or her agent, within three (3) business days following the date of actual notice shall be, in addition to payment of an impound fee, required to pay a storage fee commencing on the fourth business day following the date of the notice, as established by the City Council.

(e)

Any shopping cart not reclaimed by the owner, or his or her agent, within thirty (30) days of receipt following the date of actual notice may be sold or disposed of as provided for in Section 4-16.301(c). The proceeds shall be applied against the impound and storage fees due. In the event there are excess proceeds, the City shall refund the amount to the owner. If the proceeds are not sufficient to cover the costs, the City shall bill the owner for the remainder.

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