Chapter 9.98 SHOPPING CARTS
Section 9.98.045: Unlawful Acts.
a) The city council declares the following acts unlawful and authorizes the code enforcement division of the Rialto police department to issue a citation, either as an administrative fine or as a criminal infraction or misdemeanor, within the officer’s discretion as circumstances require:
1) To remove or cause to be removed a shopping cart or laundry cart from the premises or parking area of a retail 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 or laundry cart that has been removed from the premises or parking area of a retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
3) To be in possession of any shopping cart or laundry cart with the serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
4) To leave or abandon a shopping cart or laundry 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.
5) To alter, convert, or tamper with a shopping cart or laundry cart, or to remove any part or portion thereof or to remove or 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.
6) To be in possession of any shopping cart or laundry cart while that cart is not located on the premises or parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
(Ord. 1364 (part), 2004)
Section 9.98.070: Identification of Shopping Carts or Laundry Carts.
a) All shopping carts used in the city shall be properly identified by the owner thereof, including the name and telephone number where an abandoned shopping cart may be reported. In the event that any identifying information conforms with Section 22435.1 of the California Business and Professions Code, the provisions of Section 22435.7 of the California Business and Professions Code shall apply, and the notice requirements, penalties and fines outlined in the California Business and Professions Code Section 22435 et seq. shall apply. In the event that a shopping cart is unlawfully removed from the parking lot of a retail establishment and the cart does not include identifying information in accordance with Section 22435.1, the provisions of this chapter contained hereinbelow, including the provisions regarding notice, fines, and penalties shall apply.
(Ord. 1364 (part), 2004)
Section 9.98.080: Posting of Notice.
a) There shall be posted by the owner of any retail establishment furnishing a parking area and shopping carts or laundry carts for its customers, prominently and conspicuously at all entrances to the parking areas and at all entrances to the retail establishment, a notice in substantially the following form:
1) REMOVAL OF SHOPPING CARTS (laundry carts, if applicable) FROM THESE PREMISES IS PROHIBITED BY LAW. RMC of this chapter.
(Ord. 1364 (part), 2004)
Section 9.98.130: Abatement.
a) Upon discovering the existence of a wrecked, dismantled or abandoned shopping cart, or parts thereof, on any public or private property within the city, and upon determining that such shopping cart is not identified in accordance with California Business and Professions Code Section 22435.1, the previously mentioned authorized city departments shall have the authority to cause the abatement and removal thereof, in accordance with the provisions of this chapter provided that:
1) Prior to the abatement of any wrecked, dismantled or abandoned shopping cart, or parts thereof, the owner of the shopping cart or parts thereof, shall be notified by telephone at least twenty-four hours prior to the abatement of any shopping cart or parts thereof, and the owner of the shopping cart or parts thereof shall be given the location of where the shopping cart or parts thereof have been abandoned. Except that any shopping carts, laundry carts, or parts thereof, which constitute an immediate safety hazard shall be abated without notice.
2) The city clerk’s office shall have the responsibility to notify the designated individual as required by Section 9.98.100(C) to receive actual notice for the owner of any shopping cart, or parts thereof, to be abated and shall maintain a permanent record of the date, time, name and title of the person notified, and shall verify whether the shopping cart has identification in compliance with California Business and Professions Code Section 22435.1.
(Ord. 1364 (part), 2004)
