§ 15-14.1. Definitions

Cart owner means every person who, in connection with the conduct of a retail establishment owns, rightfully possesses, or makes any cart available to patrons and/or the public. This shall include the owner's agent or authorized representative.

City means the City of Costa Mesa, or its designated representatives.

Chief of code enforcement means the chief of code enforcement of the city.

Contractor means an authorized independent contractor approved by the city council for the purpose of effecting the removal of abandoned shopping carts.

Enforcement personnel means any police officer or code enforcement officer employed by the city.

Identified cart means a shopping cart that has a permanently affixed sign that identifies, in accordance with Business and Professions Code Section 22435.1, the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the owner's premises; notifies the public that the unauthorized removal of the cart from the cart owner's premises or cart owner's parking area or the unauthorized possession of the cart, is a violation of state law; and lists a valid telephone number or address for returning the cart to the owner or retailer. If the cart owner operates more than one (1) store, the sign shall identify the location of the store where the cart is used.

Lost, stolen or abandoned shopping cart means any cart that is located outside the premises or parking lot of a retail establishment which owns the cart, except a cart that is in the physical possession of a person who has the written consent of the cart's owner. For purposes of this chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen or abandoned, even if in the possession of any person, unless such person in possession thereof either: (a) is the owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart, (b) is an officer, employee or agent of a cart retrieval service hired by the owner or city to retrieve such carts, (c) is an city enforcement officer retrieving, storing or disposing of said cart pursuant to the provisions of sections 15-22 through 15-24.1 of this article, or (d) has written permission to be in possession of the shopping cart from the owner of the shopping cart.

Owner means any owner, manager, or operator of any retail establishment.

Parking area means a parking lot or other property provided by a retail establishment for the use of its customers for parking customer vehicles. In a multi-store complex or shopping center, the term "parking area" shall include the entire parking area used by the multi-store complex or shopping center.

Person means a natural person, firm, association, organization, partnership, business, trust, corporation, limited liability company, or other entity.

Premises means any building, property or other area upon which any retail establishment business is conducted or operated in the city, including the parking area provided for customers of the retail establishment.

Retail establishment means any business in the city, regardless of whether the business is advertised or operated as a retail or wholesale business, and regardless of whether the business is open to the general public, or is a private club or membership store.

Shopping cart or cart means a basket that is mounted on wheels or a similar device generally used in retail establishments by a customer for the purpose of transporting goods of any kind. The term "shopping cart or cart" also includes a laundry cart as defined in Business and Professions Code section 22435(b).

Shopping cart nuisance abatement program means the city's activity to rid neighborhoods of abandoned shopping carts by contracting with a private company that will on a daily basis search for and seize all abandoned carts.

Unidentified cart means a shopping cart that is not an identified cart, as defined above.

(Ord. No. 09-8, § 1, 7-21-09 )