Article V. Regulation of Shopping Carts.
Sec. 14A-5-3. Mandatory containment systems for shopping carts.
(a) It is unlawful for any person owning a retail establishment located in the city where one or more shopping carts are available for customer use not to install and maintain an effective containment system to contain all shopping carts within the property boundaries of the business or adjacent parking area. The cart owner shall provide signage in a conspicuous location notifying shopping cart users that removal of shopping carts from the premises or parking area is prohibited without the written consent of the cart owner.
(b) Containment systems may include, but are not limited to, any one or combination of the following:
(1) A physical barrier, such as bollards, restricting shopping carts from being removed from the business premises;
(2) Shopping carts equipped with a protruding arm or similar device prohibiting the cart from being removed from the interior of the business;
(3) Shopping carts equipped with a wheel-locking mechanism that is used in conjunction with an electronic barrier along the perimeter of the area shopping carts are allowed. The wheel-locking mechanism will activate when the shopping cart crosses the electronic barrier;
(4) A system, which may be mechanical in nature, requiring a deposit to use a shopping cart. The deposit should be of a reasonable amount that would not deter the use of the cart, but would encourage the return of the cart. This system may include the rental or sale of carts that can be temporarily or permanently used for transport of purchases off-site;
(5) Security guards posted to deter and stop customers who attempt to remove carts from the business premises.
(c) In lieu of installing an effective containment system, a cart owner may obtain a waiver of this section from the city manager by establishing, to the satisfaction of the city manager, that the cart owner maintains its own cart retrieval program that has been certified as effective by the city manager. The city manager will evaluate such programs according to a standard established by city council resolution in order to ensure that cart retrieval programs achieve the goals of this article.
No enforcement action for violating this section may be taken against a cart owner who has a valid waiver pursuant to this subsection. The city manager may revoke any waiver if the cart owner no longer qualifies for it.
(d) For purposes of this section, “effective containment system” means a system that results in no more than five shopping carts being removed without the owner’s consent from the business premises or parking area within any twelve-month period. There is a rebuttable presumption that a cart found abandoned somewhere off the premises of the cart owner was removed from the premises without the cart owner’s consent.
(e) Each cart owner must file with the city an annual evaluation of the cart owner’s loss prevention plan.
(Ord. No. 1435, § 3 (part).)
Sec. 14A-5-4. Removal of shopping carts from retail establishments prohibited.
It is unlawful for any person, other than a cart owner or its authorized representative, to remove a cart from the premises of the cart owner’s retail establishment, unless the cart owner expressly authorizes its removal in writing.
(Ord. No. 1435, § 3 (part).)
Sec. 14A-5-5. Mandatory marking of shopping carts.
(a) The cart owner shall mark all shopping carts used in its business by its customers as required by Business and Professions Code Section 22435.1. The cart owner shall permanently affix a sign to each cart that:
(1) Identifies the owner of the cart or the retailer, or both;
(2) Notifies the public of the procedure to be utilized for authorized removal of the cart from the cart owner’s premises;
(3) Notifies the public that the unauthorized removal of the cart from the cart owner’s premises or parking area or the unauthorized possession of the cart is a violation of state law; and
(4) Lists a valid telephone number or address for returning the cart to the cart owner. If the cart owner operates more than one store, the sign shall identify the location of the store where the cart is used.
(b) Each day during which all of the carts of a cart owner are not marked as required by this section shall constitute a separate violation.
(Ord. No. 1435, § 3 (part).)
