CHAPTER 13: SHOPPING CART REMOVAL, IMPOUNDMENT AND DISPOSAL
Section V-13-130: Prohibiting Removal or Possession of Abandoned Cart
a) It shall be unlawful to either temporarily or permanently remove a cart from the premises or parking area of a business establishment without the express prior written approval of the owner or on-duty manager of the business establishment. Written permission shall be valid for a period not to exceed 72 hours.
b) This section shall not apply to carts that are removed for the purposes of repair or maintenance.
c) A violation of this section shall be an infraction and punishable by a fine not exceeding One Hundred Dollars ($100) for a first violation; a fine not exceeding Two Hundred Dollars ($200) for a second violation of the same act within a year; and Five Hundred Dollars ($500) for each additional violation within one year.
(Ord. 256 (part), 4/3/01)
Section V-13-140: Mandatory Plan to Prevent Cart Removal and Evaluation Report
a) Every Owner shall develop and implement a specific plan to prevent customers from removing carts from the business premises. The plan must include the following elements:
1) Required signs on carts. Every cart owned or provided by any business establishment in the City of Milpitas must have a sign permanently affixed to it that contains the following information:
(I) Identifies the owner of the cart or the name of the business establishment, or both;
(II) Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises;
(III) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the business establishment is a violation of State law;
(IV) Lists a telephone number to contact to report the location of the abandoned cart or lists an address for returning the cart to the owner or business establishment.
2) Required signs on property. Signs shall be placed in pertinent places near door that warn customers that cart removal is prohibited and constitute a violation of state and local law.
3) Physical measures. Specific physical measures shall be implemented to prevent cart removal from the business premises. These measures may include, but are not limited to, disabling devices on all carts, posting of a security guard to deter and stop customers who attempt to remove carts from the business premises, security deposits required for use of all carts, or the rental or sale of utility carts that can be temporarily or permanently used for transport of purchases.
(Ord. 256 (part), 4/3/01)
Section V-13-150: Prevention Plan Timeline and Approval Process
a) The proposed plan for preventing cart removal shall be submitted for approval to the City within 60 days after adoption of this ordinance and each time the plan is proposed to be amended. If a new plan is submitted, the proposed measures shall be implemented by no later than thirty (30) days after City approval is given. The prevention measures shall be continued until and unless the City indicates that a measure(s) needs to be modified. Unless otherwise agreed, any modifications to the plan imposed by the City shall be implemented within thirty days after the City notifies the Owner of the needed modifications.
(Ord. 256 (part), 4/3/01)
Section V-13-160: Penalties for Failing to Submit a Prevention Plan
a) Any Owner that fails to submit a plan, implement the proposed plan measures, or implement any required modifications to the plan by the City within the time frames specified in this Chapter shall be subject to a $1,000 civil penalty, plus an additional penalty of $50 for each day of noncompliance.
(Ord. 256 (part), 4/3/01)
Section V-13-170: Notification for Retrieval of Abandoned Carts
a) Pursuant to Business and Professions Code Section 22435.7, the City shall notify the Owner of any abandoned carts owned or used by the business establishment that have been located within the City of Milpitas within twenty-four (24) hours of impoundment. The Owner shall have three (3) business days from the date the notification is given to retrieve carts from the City.
(Ord. 256 (part), 4/3/01)
Section V-13-180: Administrative Costs and Fines
a) Pursuant to Business and Professions Code Section 22435.7, any Owner that fails to retrieve its abandoned cart(s) within three (3) business days after receiving notice from the City, shall pay the City’s administrative costs for retrieving the cart(s) and providing the notification to the Owner. Any Owner who fails to retrieve abandoned carts in accordance with this Chapter in excess of three times during a specified six-month period, shall be subject to a $50 fine for each occurrence. An occurrence includes all carts owned by the Owner that are impounded by the City in a one-day period.
(Ord. 256 (part), 4/3/01)
Section V-13-190: Disposition of Carts After Thirty Days
a) Pursuant to State law, any cart not reclaimed from the City within thirty (30) days after notification to the Owner shall be sold or otherwise disposed of by the City.
(Ord. 256 (part), 4/3/01)
Section V-13-200: Violation Declared a Public Nuisance
a) A violation of any provision of this Chapter is declared a public nuisance and may be abated pursuant to Chapter V-500 in a manner consistent with this Chapter and to the extent allowed by State law.
(Ord. 256.1, 9/3/02)
