8.22.05 Shopping Cart Sign Requirements
Every shopping cart owned or provided by a business establishment in the City of Manteca must have a sign permanently affixed to the cart that contains all of the following information:
(a) The name of the business establishment that owns the cart;
(b) The procedure to be used for authorized removal of a shopping cart from the establishment’s premises, including, but not limited to, cart rental and obtaining owner consent for removal;
(c) A statement that the unauthorized removal of a shopping cart from the premises is a misdemeanor and a violation of State law;
(d) Lists a valid telephone number of address for returning the shopping cart removed from the premises or parking area to the owner or retailer, and the City “hotline” telephone number.
There shall be posted by the owner, prominently and conspicuously, at all public entrances and exits to the business, a notice in substantially the following form:
REMOVAL OF SHOPPING CARTS IS PROHIBITED BY LAW AND SHALL SUBJECT THE VIOLATOR TO A MINIMUM FINE OF $100.00.
It is unlawful and a public nuisance to provide or offer to customers any shopping cart that does not have such information permanently affixed to it.
8.22.06 Administrative Penalties.
(a) In addition to any other remedies set forth in this chapter, civil penalties may be imposed against any person, as defined in Section 1.11.020 of this Code, for violating any of the requirements set forth in this chapter.
(b) Civil penalties for the violations of this section shall be assessed as follows:
(1) One hundred dollars ($100.00) for the first violation;
(2) Two hundred fifty dollars ($250.00) for a second violation within twelve (12) month period; and
(3) Five hundred dollars ($500.00) for any subsequent violation within a twelve (12) month period.
8.22.07 Prohibition
(a) It is unlawful for any person, either temporarily or permanently, to do any of the following acts, if a shopping cart has been properly marked in conformity with this chapter:
(1) Remove a cart from the premises of the owner of such cart, or to be in possession of a cart that has been removed from the premises of the owner of such shopping cart, without the written consent of the owner.
The section shall not apply to carts removed from the premises, with the consent of the owner, for the purposes of repair, maintenance or disposal.
(2) To be in possession of any shopping cart with serial numbers or the signage mandated by this chapter removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
(3) To alter, convert, or tamper with a shopping cart, or to remove any part or portion thereof or to remove, obliterate or alter serial numbers or the signage mandated by this chapter on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
(b) It is unlawful and an infraction for any person, either temporarily or permanently to do any of the following acts, if a shopping cart has been properly marked in conformity with this chapter.
(1) To cause or permit any cart to be abandoned on or upon any sidewalk, street or other public area, or upon any private property, other than the premises of the owner of such cart.
(2) To be in possession of any shopping cart while that cart is not locked on the premises or parking lot of a business establishment, without the written consent of the owner.
8.22.08 Penalty
Any person who violates any of the provisions of 8.22.07 is guilty of a misdemeanor. The City may use the administrative remedies set forth in section 1.11.020 of this code for violations of this article.
8.22.09 Authority to Impound.
(a) The City of Manteca may impound a shopping cart when the following conditions exist:
(1) The shopping cart is located on a public right-of-way;
(2) In instances where the location of a shopping cart will impede emergency services, the City is authorized to immediately retrieve the shopping cart from public or private property; and
(3) Except as provided in Section 8.22.07, the shopping cart is not retrieved within three (3) business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the City of the shopping cart’s discovery and location on private property; and
(i) The shopping cart is located outside the premises or parking area of a business establishment. The parking area of a business establishment located in a multi-store complex or shopping center shall include the entire parking area used by the complex or center; and
(ii) The shopping cart has a sign affixed to it as required by Section 8.22.05 of this Code.
(b) Any shopping cart that is impounded by the City pursuant to Section 8.22.07 shall be held at a location that is both:
(1) Reasonably convenient to the owner of the shopping cart; and
(2) Open for business at least six (6) hours of each business day.
