CHAPTER 10.59 SHOPPING CART REGULATIONS
Section 10.59.210: Requirements.
a) Every shopping cart owned or provided by a business establishment in the city must have a sign permanently affixed to it that contains the following information:
1) Identifies the owner of the shopping cart or the name of the business establishment, or both;
2) Notifies the public of the procedure to be used for authorized removal of a shopping cart from the establishment’s premises;
3) Notifies the public that the unauthorized removal of a shopping cart from the premises or parking area of a business establishment, or the unauthorized possession of a shopping cart is a violation of state law;
4) Displays a permanently affixed sticker notifying the public that the unauthorized removal of the shopping cart from the premises of a business establishment, or the unauthorized possession of a shopping cart is a violation of local municipal code; and
5) Lists a valid telephone number or address for returning the shopping cart removed from the premises or parking area to the owner or retailer.
(Ord. 1166 § 2 (part), 2000.)
Section 10.59.310: Prohibition.
a) It is unlawful to do any of the following acts if a shopping cart has a permanently affixed sign as required by Section 10.59.210:
1) To remove a shopping cart from the premises or parking area of a business establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;
2) To be in possession of any shopping 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;
3) To leave or abandon a shopping cart at a location other than the premises or parking area of the retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;
4) 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 on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;
5) To be in possession of any shopping cart while that cart is not located on the premises or parking lot of a business establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
(Ord. 1166 § 2 (part), 2000.)
Section 10.59.320: Penalty.
a) Any person who violates any of the provisions of Section 10.59.310 is guilty of a misdemeanor. The city may use the administrative enforcement remedies set forth in Chapter 1.16, Title 1 of this code for violations of this article. The city may impose an administrative penalty on the owner of a shopping cart in an amount not to exceed fifty dollars ($50.00) for each occurrence in excess of three (3) during a specified six (6) month period for failure to retrieve shopping carts in accordance with this section.
(Ord. 1166 § 2 (part), 2000.)
Section 10.59.330: Exceptions.
a) This article shall not apply to any person who has written consent from the owner of the shopping cart authorizing possession or removal of the cart from the business establishment’s premises or authorizing any of the acts specified in Section 10.59.310.
(Ord. 1166 § 2 (part), 2000.)
Section 10.59.410: Plan elements.
a) Every owner of a business establishment providing shopping carts to its customers (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) Notice to Customers. The owner shall provide written notification to customers that the removal of carts from the business establishment’s premises is prohibited and a violation of state and local law. This notification may be provided in the form of fliers, warnings on shopping bags, or any other written materials that will effectively inform customers of the law.
2) Physical Measures. At least one (1) specific physical measure shall be implemented to prevent cart removal from the business premises. Optional physical measures include, but are not limited to, the following:
1) Installing disabling devices on all carts;
2) Posting a security guard to prevent customers from removing carts from the business premises;
3) Requiring a security deposit for use of all carts.
3) Administrative Hearing. If a dispute arises between the business establishment and city as to the physical measure to be implemented at that establishment, the business establishment may request an administrative hearing in order to resolve this dispute.
1) The request for hearing shall be made in writing to the director of public services. As soon as practicable after receiving the request for hearing, the director shall request the city manager or his or her designee to appoint a hearing officer. The director shall schedule a date, time and place for the hearing. A continuance of the hearing may be granted upon written request to the director.
2) Written notice of the date, time and place of the hearing shall be served at least ten (10) calendar days prior to the hearing. Notice of the hearing shall be sent to the business establishment by first class mail at the address provided by the business. The hearing shall be set no sooner than twenty (20) days following the request for hearing.
(Ord. 1166 § 2 (part), 2000.)
Section 10.59.420: Evaluation report.
a) An evaluation report must be submitted each year to the public services department or other designated unit of the city. The report shall include, but is not limited to, the inventory of carts owned or used by the business establishment and the number of carts replaced by that establishment due to repair, loss, theft or abandonment. Any owner who fails to submit an evaluation report as outlined in this section by July 1st of each year is guilty of an infraction. If a prevention plan was in place the previous year, the evaluation report shall identify and assess the measures used and approved in the prior year.
(Ord. 1166 § 2 (part), 2000.)
Section 10.59.430: Timeliness and approval process for prevention plan or evaluation report.
a) A proposed plan for preventing shopping cart removal or an evaluation report shall be submitted to the city for approval within sixty (60) days after the adoption of the ordinance codified in this chapter and by July 1st of each year thereafter. Those affected business establishments open after the adoption of this chapter shall have sixty (60) days from the filing date on their city business license application to submit a shopping cart removal prevention plan to the neighborhood preservation unit for approval. The city may reject any proposed plan if it determines that the plan is not reasonably likely to prevent the removal of shopping carts from the premises.
c) A business establishment has thirty (30) days from the date of city approval to implement its cart removal prevention plan. If the proposed plan is the same as the previous year’s, the prevention measure shall continue until the city indicates the plan requires modification. Unless otherwise agreed, the owner shall implement modifications to a plan required by the city within thirty (30) days of notification.
(Ord. 1166 § 2 (part), 2000.)
Section 10.59.440: Penalties for failing to submit a prevention plan or to implement prevention measures.
a) Any owner who fails to submit a plan, implement the proposed plan or implement any required modifications to the plan as required by the city, within the time frames as specified in this article, shall be required to place disabling devices on all carts owned, leased or used by the business establishment to prevent removal of carts from the business premises and parking lots. Any owner who fails to place a disabling device on all carts, if applicable, is guilty of a misdemeanor.
(Ord. 1166 § 2 (part), 2000.)
Section 10.59.510: Authority to impound.
a) The city of Pittsburg may impound a shopping cart when all of the following conditions are satisfied:
1) The shopping cart has a sign affixed to it as required by PMC 10.59.210;
2) 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
3) Except as provided in PMC 10.59.610, the shopping cart is not retrieved within three 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.
b) 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.
C. Any shopping cart that is impounded by the city pursuant to this section 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 hours of each business day.
d) Any shopping cart not reclaimed from the city within 30 days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the city.
e) The city may impose an administrative penalty on the owner of a shopping cart in an amount not to exceed $50.00 for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one-day period. The owner’s right of appeal shall be as set forth in Chapter 1.08 PMC.
f) The city is authorized to recover actual costs incurred for impounding a shopping cart under the authority provided in subsections (A) and (B) of this section. [Ord. 1166 § 2, 2000.]
Section 10.59.610: Requirements.
a) Notwithstanding PMC 10.59.510(A)(3), the city may impound a shopping cart that otherwise meets the criteria set forth in PMC 10.59.510(A)(1) and (A)(2) without complying with the three-day advance notice requirement; provided, that:
1) The owner of the shopping cart, or his or her agent, is provided actual notice within 24 hours following the impound and that the notice informs the owner, or his or her agent, as to the location where the shopping cart may be claimed.
2) Any shopping cart so impounded shall be held at a location in compliance with PMC 10.59.510.
3) Any shopping cart reclaimed by the owner, or his or her agent, within three business days following the date of actual notice shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to PMC 10.59.510(E) and (F). Any cart reclaimed within the three-business-day period shall not be deemed an occurrence for purposes of PMC 10.59.510(E).
4) Any shopping cart not reclaimed by the owner, or his or her agent, within three business days following the date of actual notice shall be subject to any applicable fee or penalty imposed pursuant to PMC 10.59.510(E) and (F) commencing on the fourth business day following the date of the notice.
5) Any shopping cart not reclaimed by the owner, or his or her agent, within 30 days of receipt following the date of actual notice may be sold or disposed of as provided for in PMC 10.59.510(D). [Ord. 1166 § 2, 2000.]
