ORDINANCE NO. 16-938
AN ORDINANCE OF THE CITY OF LA PUENTE, CALIFORNIA ADDING CHAPTER 3.76 SHOPPING CART REGULATIONS TO TITLE 3 OF THE LA PUENTE MUNICIPAL CODE
WHEREAS The City Council finds it necessary to take measures to prevent the removal of shopping carts from the premises of the businesses that offer them to customers, to make removal of carts a violation of the City’s Municipal Code and to facilitate the retrieval of abandoned shopping carts in a manner consistent with State law.
3.76.010 Purpose
Abandoned shopping carts in the city create a potential hazard to the health and safety of the public, interfere with pedestrian and vehicular traffic and create a public nuisance. The accumulation of abandoned carts, sometimes wrecked and/or dismantled on public and private property, tends to create conditions that reduce property values, and promote deterioration, resulting in a public nuisance. Further, lost, stolen or abandoned carts results in the obstruction of free access to public and private sidewalks, streets, parking lots, and interferes with pedestrian and vehicular traffic on public and private streets, and impedes emergency services. This chapter is intended to insure that measures are taken by the owners of shopping carts to prevent the removal of shopping carts from the owner’s premises, to make removal of a cart a violation of this Code, and to facilitate the retrieval of abandoned shopping carts in a manner consistent with State law.
3.76.030 Cart Signage
Every cart owned or provided by a business in the city shall have a sign permanently affixed to it, containing the following information: (a) The name of the owner of the cart or retailer, or both. (b) The procedure to be utilized for authorized removal of the cart from the business premises. (c) Notification that unauthorized removal of the cart from the business premises, or unauthorized possession of the cart, is a violation of state law. (d) A valid telephone number or address for returning the cart removed from the business premises to the owner or retailer.
3.76.040 Removal, Abandonment, Alteration, Possession Prohibited
It is unlawful to do any of the following if a cart has a permanently affixed sign as set forth in Section 3.76.030: (a) Remove a cart from the business premises with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (b) To be in possession of any cart that has been removed from the business premises, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (c) To be in possession of any cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (d) To leave or abandon a cart at a location other than the business premises with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (e) To alter, convert, or tamper with a cart, or to remove any part or portion thereof or to remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (f) To be in possession of any cart while that cart is not located on the business premises of a business establishment, with the intent to temporarily or permanent deprive the owner or retailer of possession of the cart.
3.76.050 Cart Owner/Retailer Requirements
All owners or retailers shall comply with the requirements of this section. (a) Cart identification required. Every owner/retailer of carts shall mark or cause each cart to be marked and identified as set forth in section 3.76.030. (b) Daily cart retrieval. All owners/retailers shall ensure that all carts are secured from public access after close of business hours. (c) Abandoned cart prevention plan. Every owner/retailer providing carts to its customers shall develop and implement a specific plan to prevent customers from removing carts from the business premises, and if removed, to retrieve the cart within 48 hours of the removal or notice of removal. The plan shall be submitted to the Director on a renewable annual basis in conjunction with the business license application.
3.76.070 Impoundment, Retrieval, Payment of Costs
(a) If the city retrieves a cart, the city shall hold the cart at a location that is reasonably convenient to the owner/retailer and is open for business at least six hours of each business day. (b) If the cart is not retrieved by the owner/retailer within 30 days after the owner has received notice via telephone or email, or other written correspondence, of the cart being impounded, or if the cart’s owner cannot be determined within 30 days after the cart has been impounded, the cart may be sold or destroyed by the city. (c) The city may impose an administrative penalty in an amount not to exceed $50.00 for each occurrence in excess of three during a specified six month period, in which a city retrieves a cart under the circumstances set forth in section 3.76.060. An occurrence includes all shopping carts impounded in a one day period. No cart shall be released to the owner/retailer unless the owner/retailer pays a fee for the city’s actual costs to retrieve and store the cart.
3.76.090 Penalty
Any person who violates any of the provisions of this Chapter is guilty of a misdemeanor. The City may use administrative enforcement remedies, and any other remedy available at law or in equity, for violations of this Chapter.
Section 5. Effective Date
In accordance with California Government Code section 36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption.
