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Abandoned shopping carts are declared to be a public nuisance. The city’s enforcement rights for abandoned shopping carts are nonexclusive, and include the enforcement methods provided in this chapter and in this title of the city code, as well as any other methods for abatement of nuisances, and any other enforcement methods available under the law or in equity, including the following:

A. Civil Enforcement. Any owner who violates any provision of this chapter shall be subject to enforcement procedures for each violation in accordance with Chapter 1.25 ACC.

B. Impoundment, Retrieval and Notification.

1. As an alternative to civil enforcement or other methods of enforcement, the director may impound any abandoned shopping carts left on any public property owned by or under the control of the city, or left on any public right-of-way within the city. The director may hold impounded shopping carts at the city’s maintenance and operations yard until retrieved by the owner or disposed of by the city as herein provided.

2. Whenever the director has impounded any abandoned shopping carts bearing the identification of ownership as required by ACC 8.18.030(B), or such other ownership information or identification that is sufficient, in the city’s determination, to allow the city to mail to the owner an invoice/notice of impoundment by certified mail, return receipt requested, the director or designee shall mail an invoice/notice of impoundment by certified mail, return receipt requested, to the owner at the address shown on the shopping cart’s identification label, or such address as is determined by the director to be appropriate to give reasonable notice to the owner where the identification requirements of ACC 8.18.030(B) are not met. Such invoice/notice shall advise that the impounded shopping carts may be redeemed at the city’s maintenance and operations yard during the normal work day (between 8:00 a.m. and 3:00 p.m., Monday through Friday, except holidays) upon payment of the administrative impoundment fee of $30.00 per shopping cart. The invoice/notice shall also advise the owner that if the impounded abandoned shopping carts are not retrieved within 14 days of the date of the invoice/notice, the abandoned shopping carts shall be subject to disposal by the city, and in addition to the $30.00 administrative impoundment fee the owner shall also be obligated to pay an additional $70.00 disposal fee, per shopping cart.

3. If the impounded abandoned shopping carts are not retrieved within 14 days of the date of the invoice/notice, the director shall be authorized to dispose of the abandoned shopping carts through whatever means or manner the director deems reasonable and appropriate. In the event of such disposal, the director is authorized to take appropriate steps to collect the $30.00 administrative impoundment fee, as well as the additional $70.00 disposal fee, per shopping cart. The shopping cart disposal fee shall be in addition to the administrative impoundment fee, and the administrative impoundment fee shall be due and owing regardless of whether or not the shopping carts are retrieved.

4. If an abandoned shopping cart is impounded that does not have the ownership identification information permanently affixed to it as required by ACC 8.18.030(B), or does not have other ownership information or identification that is sufficient, in the city’s determination, to allow the city to mail to the owner an invoice/notice of impoundment by certified mail, return receipt requested, the director shall be authorized to dispose of it immediately, without any notice requirements. (Ord. 6530 § 1, 2014; Ord. 6046 § 2, 2006; Ord. 5906 § 1, 2005.)