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LAW OFFICES OF <br />BEST BEST & KRIEGER LLP <br />Gilbert Canizales <br />June 13, 2005 <br />Page 3 <br />"C. Any cart reclaimed by the owner within three business <br />days following the date of actual notice as provided pursuant to <br />this section shall be released and surrendered to the owner at no <br />charge whatsoever, including the waiver of any redemption fees <br />that would otherwise be applicable pursuant to Section <br />6.18.090(D). [Emphasis added.] <br />D. Any cart not reclaimed by the owner within three business <br />days following the date of actual notice as provided pursuant to <br />this section shall be subject to any applicable fee or fine imposed <br />pursuant to Section 6.18.090(D) commencing on the fourth <br />business day following the date of notice." <br />As you can see, the above existing regulations mirror the Business and Professions Code <br />sections you cited in your letter. Because these two subdivisions will not be affected by the <br />proposed ordinance, they were not included in the proposed ordinance. They are currently in <br />effect and will continue in effect after the proposed ordinance is adopted by the City Council. <br />We assure you that the proposed ordinance and the existing regulations for shopping carts <br />in the Colton Municipal Code comply with State law regarding shopping carts, as found in <br />Business and Professions Code section 22435 — 22435.8. We hope that the information provided <br />in this letter will be helpful to you. Please feel free to contact us if you have further questions or <br />concerns. <br />Sincerely, <br />Dean Derleth <br />of Best Best & Krieger LLP <br />City Attorney <br />City of Colton <br />cc: Mayor Deirdre H. Bennett <br />Daryl Parrish, City Manager <br />Amer Jakher, City Engineer <br />RVPUB\NGS\694993.1 <br />