(a)The Legislature hereby finds that the retrieval by local governmental agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section and Section 22435.7.5.
(b)
(1)A city, county,
or city and county may do either of the following with a shopping cart that has a sign affixed to it in accordance with Section 22435.1 that is located outside the premises or parking area of a retail establishment:
(A)Pursuant to an ordinance adopted by a city, county, or city and county in accordance with Section 22435.7.5, retrieve and return the shopping cart to the parking area or premises of the owner or retailer identified on the sign.
(B)Except as provided in subdivision
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(a)
The Legislature hereby finds that the retrieval by local governmental agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section and Section 22435.7.5.
(b)
(1)
A city, county,
or city and county may do either of the following with a shopping cart that has a sign affixed to it in accordance with Section 22435.1 that is located outside the premises or parking area of a retail establishment:
(A)
Pursuant to an ordinance adopted by a city, county, or city and county in accordance with Section 22435.7.5, retrieve and return the shopping cart to the parking area or premises of the owner or retailer identified on the sign.
(B)
Except as provided in subdivision (i), if the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or their
agent, receives actual notice from the city, county, or city and county of the shopping cart’s discovery and location, impound the shopping cart.
(2)
For purposes of this subdivision, the parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.
(c)
In instances where the location of a shopping cart will impede emergency services, a city, county, or city and county is authorized to immediately impound the shopping cart from public or private property.
(d)
Any city, county, or city and county that impounds a shopping cart under the
authority provided in subdivisions (b) and (c) is authorized to recover its actual costs for providing this service.
(e)
Any shopping cart that is impounded by a city, county, or city and county pursuant to subdivisions (b) and (c) shall be held at a location that is both:
(1)
Reasonably convenient to the owner of the shopping cart.
(2)
Open for business at least six hours of each business day.
(f)
(1)
A city, county, or city and county may fine the owner of a shopping cart in an amount not to exceed one hundred dollars ($100) for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with
subparagraph (B) of paragraph (1) of subdivision (b) or subdivision (c).
(2)
For purposes of this paragraph, “occurrence” means a failure to retrieve a shopping cart within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city, county, or city and county of the shopping cart’s discovery and location.
(g)
Any shopping cart not reclaimed from the city, county, or city and county within 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 entity in possession of the shopping cart.
(h)
This section shall not invalidate any contract entered into prior to June 30, 1996, between a city, county, or city and county and a person or business entity for the purpose of retrieving or impounding shopping carts.
(i)
Notwithstanding subparagraph (B) of paragraph (1) of subdivision (b), a city, county, or city and county may impound a shopping cart that otherwise meets the criteria set forth in that subparagraph without complying with the three-day advance notice requirement provided that:
(1)
The owner of the shopping cart, or their agent, is provided actual notice within 24 hours following the
impound and that notice informs the owner, or their agent, as to the location where the shopping cart may be claimed.
(2)
Any shopping cart so impounded shall be held at a location in compliance with subdivision (e).
(3)
Any shopping cart reclaimed by the owner or their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to subdivision (d) or (f). Any cart reclaimed within the three-business-day period shall not be deemed an occurrence for purposes of subdivision (f).
(4)
Any
shopping cart not reclaimed by the owner or their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be subject to any applicable fee or fine imposed pursuant to subdivision (d) or (f) commencing on the fourth business day following the date of the notice.
(5)
Any shopping cart not reclaimed by the owner or their agent, within 30 days of receipt following the date of actual notice as provided pursuant to paragraph (1), may be sold or disposed of in accordance with subdivision (g).
(j)
For purposes of this section, actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limited to,
telephone, mail with delivery confirmation, or electronic transmission with delivery confirmation. The city, county, or city and county shall maintain a record of that proof of delivery.