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days atter actual notice. I'hese provisions are inconsistent with, and preempted by <br />B&PC Section 22435.7(1), subparts (3) and (4): <br />a. Subpart (3) provides "Any shopping cart reclaimed by the owner or <br />his or her agent, within three business days following the date of actual notice <br />as provided pursuant to paragraph ( I ), shall be surrendered to the owner or <br />agent at no charge whatsoever, including the waiver of any impound and <br />storage fees or tines that would otherwise be applicable pursuant to subdivision <br />(d) or (t). Any cart rectaimed within the three -business -day period shall not be <br />deemed an occurrence for purposes of subdivision (f). - <br />1). <br />f) " <br />b. Subpart (4) provides "any shopping cart not reclaimed by the owner <br />or his or her agent, within three business days following the date of actual <br />notice as provided pursuant to paragraph ( I ), shall be subject to any applicable <br />fee or fine imposed pursuant to subdivision (d) or (1) commencing on the <br />fourth business day following the date ofthe notice." <br />CGA respectfully recommends that Section 6.18.090 1) and B of the proposed <br />ordinance be modified to clarify that no redemption fees or tines of any type can <br />be charged to a cart owner during the first three days after receipt of actual notice <br />of the presence of a cart on the streets of Colton. Please contact Gilbert Canizales, <br />Director of Local Government Affairs, California Grocers Association at (562) <br />432-8610 if you have any questions about this itnpotlant issue. I hank you. <br />Sincerely, <br />611.13FRI CANIZAITS <br />cc: 'I lie Cotton City Council <br />Daryl Parrish, City Manager <br />,lack Brown, Stater Bros. Markets <br />John Swindle, I-ood 4 Less <br />Dale Stern, Stent, Van Vleck & Ruchmann. LIT <br />CGA General Counsel <br />