Sec. 4-13.03 Mandatory prevention measures.
(a) Required signs on shopping carts. Every shopping cart owned or provided by any business establishment in the City shall have a sign permanently affixed to it that contains the following information:
(1) The identity of the owner or business, or both;
(2) Notification of the procedure for authorized removal of the shopping cart from the premises;
(3) Notice to the public that the unauthorized removal of the shopping cart from the premises or parking area of the business establishment, or the unauthorized possession of the shopping cart, is a violation of state law and a violation of City ordinance; and
(4) A valid telephone number or address for returning the shopping cart.
(b) Required signs on property. Signs shall be placed and maintained on the premises near all customer exits and throughout the premises, including parking areas that warn customers that shopping cart removal from the premises is prohibited and constitute a violation of state and local law. Said signs shall be not less than eight (8) inches by fourteen (14) inches in size with block lettering containing the following “REMOVAL OF SHOPPING CARTS FROM THE PREMISES IS PROHIBITED BY LAW. California Business and Professions Code Section 22435.2 and Los Banos Municipal Code Section 4-13.04.”
(c) Existing retail establishments. Each existing retail establishment shall comply with the requirements of subsections (a) and (b) within 120 days following the date of adoption of this chapter. Failure to comply with the requirements of subsections (a) and (b) within the timeframe specified herein shall subject the owner or retailer to a fine of Fifty and No/100ths ($50.00) Dollars per day for each day of noncompliance. (§ 1 (part), Ord. 1055, eff. June 16, 2007)
Sec. 4-13.04 Unauthorized removal or possession of a shopping cart.
It is unlawful for any person to do any of the following, without the written consent of the owner, if a shopping cart has a permanently affixed sign pursuant to Section 4-13.03:
(a) 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 of possession of the shopping cart;
(b) 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 shopping cart;
(c) 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 shopping cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the shopping cart;
(d) To be in possession of any shopping cart while that shopping cart is not located on the premises or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the shopping cart. (§ 1 (part), Ord. 1055, eff. June 16, 2007)
Sec. 4-13.05 Notification, impoundment, and disposal.
(a) A shopping cart that has a sign affixed to it in accordance with Section 4-13.03 may be impounded by the city provided that the shopping cart is located outside the premises or parking area of a retail establishment and the shopping cart is not retrieved within three (3) business 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. 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.
(b) The City may impound a shopping cart that has a sign affixed to it in accordance with Section 4-13.03 without complying with the three (3) day advance notice requirement of subsection (a) provided that the owner of the shopping cart, or his or her agent, is provided actual notice within twenty-four (24) hours following the impound and that notice informs the owner, or his or her agent, as to the location where the shopping cart may be claimed.
(c) Any shopping cart that is impounded by the City shall be held at a location that is both: reasonably convenient to the owner of the shopping cart and open for business at least six (6) hours of each business day.
(d) If the City does not comply with the three (3) day advance notice requirement of subsection (a), any shopping cart reclaimed by the owner or his or her agent, within three (3) 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.
(e) Any shopping cart not reclaimed from the City, within thirty (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 entity in possession of the shopping cart. The City may, without notice, retrieve and immediately dispose of any abandoned shopping cart(s) that lack the signs required by this chapter if the owner of the abandoned shopping cart cannot readily be determined from inspection of the shopping cart. (§ 1 (part), Ord. 1055, eff. June 16, 2007)
Sec. 4-13.06 Administrative costs and fines.
Any owner of a shopping cart that is impounded in accordance with this chapter shall pay the City’s administrative costs for impounding the shopping cart(s) including but not limited to the costs of retrieval and notification. Any owner who fails to retrieve an abandoned shopping cart(s) in accordance with this chapter in excess of three (3) times during a specified six (6) month period shall be subject to a Fifty and No/100ths ($50.00) Dollar fine for each occurrence. An occurrence includes all shopping carts owned by the owner that are impounded by the City in a one-day period. (§ 1 (part), Ord. 1055, eff. June 16, 2007)
Sec. 4-13.07 Violation—Enforcement.
Any person who violates the provisions of this chapter is subject to any enforcement procedures permitted by law, including but not limited to: prosecution of a misdemeanor or an infraction, civil action for injunction, administrative enforcement procedures, and revocation of a use permit if applicable. (§ 1 (part), Ord. 1055, eff. June 16, 2007)
