CHAPTER 15: SHOPPING CARTS
Section 15-1: Definitions.
a) Shopping cart means a basket, which is mounted on wheels or a similar device, generally used in a retail establishment by a customer to transport goods of any kind.
b) Abandoned shopping cart means any unattended shopping cart removed from a business establishment’s premises, which is located on public property for a period greater than twelve (12) hours.
c) Owner means any person or entity within a business establishment who owns or provides shopping carts for customer use. Owner includes, but is not limited to, the store owner. manager, on-site manager, on-duty manager, or other designated agent of a business establishment.
d) Premises means the entire area owned or otherwise utilized by the business establishment that provides shopping carts for use by its customers. including any parking area and pedestrian access-way between a street right-of-way and the establishment For a business establishment that is part of a shopping center or shopping complex. “premises” shall include all business establishments in the shopping area center or complex and all areas used by the customers of those businesses in common, including all parking areas designated for use by the customers of the shopping center or complex.
Section 15-2: Offense.
a) It shall be unlawful to leave or abandon a shopping cart at a location other than the premises or parking area of the retail establishment that owns the shopping cart.
Section 15-3: Requirements.
a) Every owner of a business establishment providing shopping carts to its customers must properly mark with each shopping cart with the name of their business or with such other mark that the customer and the city can identify the owner of the shopping cart. Every owner of a business establishment providing shopping carts must also post signs at all entrances to the parking areas, in both English and Spanish, and in a conspicuous place near the business establishment’s exit doors, informing customers that cart removal from the premises is prohibited and constitutes a violation of State and local law.
Section 15-4: Retrieval and Impoundment by the City.
a) The city of Jacinto City may retrieve and impound any abandoned shopping cart located on public property. A shopping cart recovered by the city of Jacinto City will be released to the owner, or his designee, upon payment to the city of a recovery fee of $25 per shopping cart.
Section 15-6: Disposal of Abandoned Shopping Carts.
a) Shopping carts impounded shall be held for a period not more than thirty (30) days to allow for retrieval by the owner or his designee. Shopping carts not reclaimed by the owner within thirty (30) days of impoundment shall be sold or disposed of by the city of Jacinto City.
Section 15-6: Enforcement Authority.
a) The City Manager or his designee{s) shall have the authority and powers necessary to determine whether a violation of this chapter exists and to take appropriate action to gain compliance with the provisions of this chapter and applicable state codes.
Section 15-7: Penalty.
a) Any person violating any provision of this article shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $100.00 nor more than $500.00. Every day a violation continues shall constitute a separate offense.
b) All provisions of the Ordinances of the city of Jacinto City, in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the city of Jacinto City, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect.
c) It is the intention of the City Council that this Ordinance. and every provision thereof, shall be considered severable, and the invalidity or unconstitutionality of any section, clause, provision or portion of this Ordinance shall not affect the validity or constitutionality of any other portion of this Ordinance.
d) This Ordinance shall become effective immediately upon its passage and publication as required by law.
