CHAPTER 8.13: SHOPPING CART CONTAINMENT, RETRIEVAL AND ABATEMENT
Section 8.13.040: Unauthorized Removal or Possession
a) It shall be unlawful for any person to perform any of the following acts with respect to a shopping cart, when such cart has a permanently affixed sign in conformity with this chapter:
1) To remove a shopping cart from the store premises with the intent to temporarily or permanently deprive the shopping cart owner of possession of the cart;
2) To be in possession of any shopping cart that has been removed from the store premises with the intent to temporarily or permanently deprive the shopping cart owner of possession of the cart;
3) To be in possession of any shopping cart with serial numbers or identification signage removed, obliterated, or altered, with the intent to temporarily or permanently deprive the shopping cart owner of possession of the cart;
4) To leave or abandon a shopping cart at a location other than the store premises with the intent to temporarily or permanently deprive the shopping cart owner of possession of the cart;
5) 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 or identification signage on a cart, with the intent to temporarily or permanently deprive the shopping cart owner of possession of the cart;
6) To be in possession of any shopping cart while that cart is not located on the store premises, with the intent to temporarily or permanently deprive the shopping cart owner of possession of the cart.
b) This section shall not apply to a shopping cart owner, or his or her employee, or a patron who has written consent from the shopping cart owner to be in possession of such cart or to remove such cart from the store premises.
(Ord. 2010-11 § 2 (part), 2010)
Section 8.13.050: Abandoned Shopping Carts – Abatement, Removal, and Storage
a) The city may impound a shopping cart that has a permanently affixed sign, in conformity with this chapter, provided both of the following conditions have been met:
1) The shopping cart is located outside the store premises, as defined in this chapter;
2) The shopping cart is not retrieved within three business days from the date the shopping cart owner receives actual notice from the city of such cart’s discovery and location.
b) Notwithstanding other provisions of this section, the city may immediately retrieve a shopping cart from public or private property when the location of such cart will impede emergency services, as determined by the Director.
c) A shopping cart that has been impounded by the city pursuant to division (A) or (B) of this section shall be held at a location that is reasonably convenient to the shopping cart owner and open for business at least six hours of each business day.
d) When the city has impounded a shopping cart pursuant to division (A) or (B) of this section, the city may recover its actual costs for providing such service.
e) The city may fine a shopping cart owner $50 for each occurrence in excess of three during a six-month period for failure to retrieve shopping carts in accordance with this section. For purposes of this division, an occurrence shall include all shopping carts impounded in accordance with this section during a calendar day.
f) The city may sell or dispose of any shopping cart not reclaimed by the shopping cart owner within 30 days of receipt of actual notice from the city.
g) Notwithstanding division (A), the city may impound a shopping cart that is located outside the store premises without complying with the three day advance notice requirement of division (A) provided that:
1) The shopping cart owner has been provided actual notice within 24 hours following the impound, and said notice informs the shopping cart owner of the location where such cart may be claimed;
2) The impounded shopping cart is held at a location in compliance with division (C);
3) Any shopping cart reclaimed by the shopping cart owner within three business days following the date of actual notice of the impound shall be released and surrendered to the shopping cart owner at no charge;
4) Any shopping cart not reclaimed within three business days following the date of actual notice of the impound shall be subject to fees and fines pursuant to divisions (D) and (E) commencing on the fourth business day following the date of actual notice of the impound;
5) The city may sell or dispose of any shopping cart not reclaimed within 30 days following the date of actual notice of the impound.
h) Notwithstanding other provisions of this section, the city may immediately impound, sell and/or dispose of a shopping cart that does not contain a permanently affixed sign required pursuant to this chapter and whose ownership cannot otherwise be ascertained.
(Ord. 2010-11 § 2 (part), 2010)
Section 8.13.060: Cart Containment and Retrieval Plan
a) No shopping cart owner shall commence, conduct or continue business operations without having implemented a city-approved cart containment and retrieval plan to prevent the unauthorized removal of such carts from store premises, and, if removed, to retrieve such carts within 24 hours of the removal, or notice of removal.
b) A proposed cart containment and retrieval plan shall be submitted in writing, on a city-approved form, and shall include the following:
1) Owner/business information: Information about the shopping cart owner and business establishment, including the name of the business owner; the name of the business establishment; the physical address of the store premises; the name, address and telephone number of each on-site or off-site owner or manager.
2) Cart inventory: A complete inventory of all shopping carts maintained on or in the store premises.
3) Cart identification: A description of the identification sign to be affixed to each shopping cart on the store premises. The identification must, at a minimum, contain the information set forth in § 8.13.080 of this chapter.
4) Store premises signage: A description of the signage to be posted on the store premises, including sign and typeface size, sign text, and posting locations. Signage must, at a minimum, conform to the requirements set forth in § 8.13.090 of this chapter.
5) Mandatory cart retrieval: Evidence of a contract with a cart retrieval service employed to retrieve shopping carts which have been removed from their store premises within 24 hours of the removal, or notice of removal.
6) Containment methods: A detailed description of all methods the shopping cart owner shall implement to prevent removal of carts from the store premises. These methods may include, but are not limited to, those set forth in § 8.13.110 of this chapter.
7) Community outreach: A description of the community outreach process under which the shopping cart owner shall cause notice to be provided to customers that the removal of carts from the store premises is prohibited and a violation of state and municipal law. This process may include, but is not limited to, flyers distributed on the store premises, warnings on shopping bags, signs posted in prominent places near store and parking lot exits, direct mail, announcements using intercom systems on the store premises, or other means demonstrated to be effective. Any posting of signs shall comply with applicable provisions of Title 17 of this code.
8) Employee training: A description of an employee training program that shall be implemented by the shopping cart owner at least once a year to educate new and existing employees on the cart containment and retrieval plan.
c) No proposed cart containment and retrieval plan shall be accepted unless accompanied by payment of a fee, established by resolution of City Council, pursuant to Chapter 2.56 of this code.
d) Notwithstanding any other provisions of this chapter, shopping cart owners engaging in business in the city on the effective date of this chapter shall submit evidence of a contract with a cart retrieval service, pursuant to division (B)(5) of this section, within three months from the effective date of this chapter, and shall submit the complete cart containment and retrieval plan within six months from the effective date of this chapter.
e) It shall be the responsibility of a shopping cart owner to implement and continuously maintain all provisions and measures of the city-approved cart containment and retrieval plan at all times he or she is engaging in business in the city.
(Ord. 2010-11 § 2 (part), 2010)
Section 8.13.080: Cart Identification
a) It shall be the responsibility of a shopping cart owner to maintain each cart with a sign permanently affixed to it. Cart identification shall be in conformity with that described in the shopping cart owner’s city-approved cart containment and retrieval plan and which, at a minimum, contains all of the following information:
1) The identity of the shopping cart owner, or the business establishment, or both;
2) Notification to the public of the procedure to be utilized for authorized removal of the cart from the store premises;
3) Notification to the public that the unauthorized removal of the cart from the store premises, or the unauthorized possession of the cart, is a violation of state and municipal law;
4) The address or telephone number for returning a cart removed from the store premises to the shopping cart owner.
b) Notwithstanding any other provisions of this chapter, shopping cart owners engaging in business in the city on the effective date of this chapter shall affix identification to each cart, in conformity with division (a), within six months from the effective date of this chapter.
(Ord. 2010-11 § 2 (part), 2010)
Section 8.13.090: Store Premises Signage
a) It shall be the responsibility of a shopping cart owner to maintain signage concerning cart removal posted on the store premises. Signage shall be in conformity with that described in the shopping cart owner’s city- approved cart containment and retrieval plan and which, at a minimum, meets the following requirements:
1) Each sign shall be not less than 18 inches in width and 24 inches in height with block lettering not less than one-half inch in width and two inches in height;
2) A sign shall be posted in a conspicuous place within two feet of each customer entrance and exit;
3) Each sign shall state, at a minimum, as follows: “REMOVAL OF SHOPPING CARTS FROM THE PREMISES IS PROHIBITED BY STATE AND MUNICIPAL LAW. (B&P § 22435.2; M.M.C. § 8.13.040.)”
4) Each sign shall be in English, Spanish, and other such languages as may be specified by the Director.
b) Notwithstanding any other provisions of this chapter, shopping cart owners engaging in business in the city on the effective date of this chapter shall post signage on the store premises, in conformity with division (A), within six months from the effective date of this chapter.
(Ord. 2010-11 § 2 (part), 2010)
Section 8.13.100: Cart Retrieval and Retrieval Service
a) It shall be the responsibility of a shopping cart owner to secure and continuously maintain a service to retrieve shopping carts which have been removed from their store premises within 24 hours of the removal, or notice of removal. Service shall only be established with a person or business entity engaged in the business of shopping cart retrieval who possesses a valid Monrovia business license.
b) No person or business entity shall engage in the business of cart retrieval without a valid Monrovia business license. Such person or business entity shall comply with the following requirements:
1) A person or business entity engaged in the business of cart retrieval shall retain records showing written authorization from the shopping cart owner, or an agent thereof, to retrieve carts and to be in possession of carts retrieved. A copy of said records shall be maintained in each vehicle used for cart retrieval.
2) Each vehicle used for the retrieval of shopping carts shall display a sign that clearly identifies the person or business entity engaging in the business of cart retrieval.
c) Notwithstanding any other provisions of this chapter, shopping cart owners engaging in business in the city on the effective date of this chapter shall secure a retrieval service, in conformity with division (A), within six months from the effective date of this chapter.
(Ord. 2010-11 § 2 (part), 2010)
Section 8.13.110: Cart Containment
a) It shall be the responsibility of a shopping cart owner to effectively contain or control all carts within the boundaries of the store premises. A shopping cart owner shall install and/or implement each method of containment described in the city-approved cart containment and retrieval plan. Methods of containment may include, but are not limited to, the following:
1) Electronic or other disabling devices installed on the shopping carts that prevent their removal from the store premises;
2) Bollards or other structures, installed or erected on the perimeter of the store premises, which restrict shopping carts to these premises. Such structures shall not interfere with fire lanes, handicap access, or conflict with federal, state and local laws, including municipal building and zoning codes;
3) Use of courtesy clerks to accompany customers to their vehicles and return shopping carts to the store;
4) Security deposit for patron’s use of a shopping cart;
5) Other demonstrably effective method, approved by the Development Review Committee, that is likely to prevent cart removal from store premises.
b) Notwithstanding any other provisions of this chapter, shopping cart owners engaging in business in the city on the effective date of this chapter shall implement all methods of cart containment, in conformity with division (A) and the shopping cart owner’s city-approved cart containment and retrieval plan, within 12 months from the effective date of this chapter.
(Ord. 2010-11 § 2 (part), 2010)
Section 8.13.120: Penalty
a) Notwithstanding any other provision of the municipal code to the contrary, any person who violates any provision of this chapter, and any cart owner who violates or fails to comply with or continuously maintain any provision of the shopping cart owner’s city-approved cart containment and retrieval plan, is guilty of a misdemeanor unless the offense is charged as an infraction by a prosecuting attorney.
(Ord. 2010-11 § 2 (part), 2010)
