ORDINANCE NO.841: AN ORDERING OF THE CITY OF RANCHO CUCAMONGA REGULATING THE REMOVAL OF SHOPPING CARTS FROM RETAIL ESTABLISHMENT PREMISES, AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
Section 8.50.030: Shopping Cart Identification Signs.
a) Business Owners shall permanently affix vandal- resistant identification signs to each Shopping Cart on its Premises. The identification sign shall conspicuously set forth all of the following information:
1) The name and address of the Business Owner and Premises;
2) A valid telephone number or address for notifying the Business Owner for purpose of returning the Shopping Cart if found off of the Business Owner’s Premises;
3) Notice to the public that the unauthorized removal of a Shopping Cart from the Premises, or the unauthorized possession of a Shopping Cart, is a violation of state law.
4) Notice to the public of the procedure to be utilized for authorized removal of the Shopping Cart from the Premises.
Section 8.50.040: Business Owner Obligation to Prevent the Removal of Shopping Carts from Premises.
a) All Business Owners shall implement effective measures to prevent and discourage the removal of Shopping Carts from their Premises. In furtherance thereof, Business Owners shall comply with the following requirements:
1) Business Owners shall post and maintain signs at each customer pedestrian exit on the Premises, in one or more languages, providing notice that customers may not remove Shopping Carts from the Premises without written authorization and that unauthorized removal of Shopping Carts from the Premises is a violation of state law. The sign(s) shall be conspicuously and prominently displayed to be clearly visible at each customer pedestrian exit on the Premises.
2) Shopping Carts may not be utilized off of a Business Owner’s Premises without the Business Owner’s written consent.
3) Upon receipt of telephonic or written notification from the City or any person, that a Shopping Cart belonging to a Business Owner has been found off of the Business Owner’s Premises the Business Owner shall retrieve such Shopping Cart within 48 hours of receipt of such notice.
Section 8.50.050: City Powers Not Limited by This Chapter.
a) Nothing in this section is intended to limit the ability of the city to remove or dispose of any cart to which a cart identification sign is not attached, or to remove or dispose of any cart which impedes the provision of emergency services, or which is an immediate threat to public health and safety, to the full extent permitted by state law.
Section 8.50.060: Enforcement.
a) The city manager or his or her designee, including but not limited to, police officers, code enforcement officers, or other duly authorized enforcement officials of the city shall have the authority to enforce the provisions of this chapter.
b) Any person who violates any provision of this chapter is guilty of a misdemeanor, and shall be subjected to the enforcement remedies set forth in Chapter 1.12 of the Rancho Cucamonga Municipal Code.
c) Nothing in this chapter shall be intended to limit any of the civil, administrative or criminal remedies available to the city, nor shall it be intended to limit the city from engaging in efforts to obtain voluntary compliance by means of warnings, notices, administrative citations or educational programs.”
Section 2.
a) The provisions of this Ordinance shall become operative and may be enforced, commencing 180 days after the effective date.
Section 3.
a) Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should not be severed and the balance of the Ordinance be enforced.
Section 4.
a) The City Clerk shall certify to the adoption of this Ordinance.
