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The city may impound a shopping cart that does not have a sign affixed to it in compliance with Section 22435 of the California Business and Professions Code if the following conditions have been satisfied:

(1) The shopping cart is located outside the premises or parking area of a retail establishment. 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.

(2) The shopping cart is located on private property, and the owner or occupant of the property indicates that he or she does not desire to retain the shopping cart. (Ord. 523 § 1. 2002 Code § 13-2.3).