ORDINANCE NO. 5889

9.10.030(H) Types of nuisances.

H. The presence of abandoned shopping carts outside of a Shopping Cart Containment Area as defined in BCC 9.10.01 O(D) and required by LUC 20.10.440 Note
39. The following parties may collectively or independently be responsible for shopping carts leaving a containment area or causing abandonment of shopping carts: (a) the property owner, (b) the tenant, (c) a person causing abandonment of a
shopping cart or, (d) a person causing the shopping cart to leave the containment area.

Section 5. New Chapter 9.28 of the Bellevue City Code is hereby adopted to read as follows:
Chapter 9.28 Taking a Shopping Cart without Permission
9.28.010 Removal of shopping cart violation and penalties
A. It is a Class 3 civil infraction as defined in RCW 7.80.120 for a person without written permission of the owner or person entitled to possession to abandon or to be in possession of a shopping cart that is the property of another more than 100 feet away from the parking area of a retail establishment or shopping cart containment area.

B. This section shall apply only if a shopping cart: (a) Has a sign permanently affixed to it that identifies the owner of the cart or the retailer, or both; (b) notifies the public of the procedure to be used for authorized removal of the cart from the premises; (c) notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized abandonment of the cart, is unlawful; and (d) lists a telephone number or address for returning carts.

Section 6. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance.

Section 7. This ordinance shall take effect and be in force thirty (30) days after legal publication.

About Shopping Cart Ordinances

Retailers can struggle to stop cart abandonment, often paying up to $15,000 a year on replacement carts and municipal fines and fees due imposed by communities. These cart regulations and laws are put in place to not only control the environmental impact of abandoned carts, but also to keep towns and cities clean.

Most shopping cart ordinances fall into three categories: The first category is regulations requiring retailers to have a plan to contain and collect errant shopping carts. Secondly, those that define the fines and penalties a city may impose on retailers for abandoned or errant shopping carts. Finally, the third category of rules generally requires retailers to have a system to contain shopping carts, preventing abandonment.