ARTICLE XII. REGULATION AND CONTAINMENT OF SHOPPING CARTS
Sec. 7.105. Applicability.
This article shall apply to:
(a) All shopping cart owners that provide shopping carts for customer use.
(b) Any person in possession of a shopping cart off site of the premises of a business establishment pursuant to the provisions of section 7.113.
(Ord. No. 08-OR0521-1, § 1, 9-3-08)
Sec. 7.106. Shopping cart containment.
Every shopping cart owner who provides shopping carts for customer or public use shall contain and control all shopping carts within the boundaries of the premises, except as expressly provided for in Business and Professions Code Section 22435.4.
(Ord. No. 08-OR0521-1, § 1, 9-3-08)
Sec. 7.107. Shopping cart retrieval.
All shopping cart owners shall secure and continuously maintain a shopping cart retrieval service to retrieve abandoned shopping carts belonging to the shopping cart owner. All shopping cart owners shall provide evidence of the retrieval service as part of a required shopping cart containment plan submitted to the city pursuant to section 7.110 or at any other time upon the city’s request.
(Ord. No. 08-OR0521-1, § 1, 9-3-08)
Sec. 7.108. Mandatory signage on premises.
Shopping cart owners must post a sign in a conspicuous place on their premises within two (2) feet of all customer entrances and exits which states at a minimum:
Removal of shopping carts from the premises is prohibited by law.
(Ord. No. 08-OR0521-1, § 1, 9-3-08)
Cross references: B & P Code section 22435.2.
Sec. 7.109. Shopping cart identification.
Shopping cart owners shall permanently affix a sign to all shopping carts which contains the following information:
(a) The identity of the shopping cart owner, including business name and store number if applicable;
(b) A notification of the procedures for authorized removal for the shopping cart from the premises;
(c) A notification that unauthorized removal of the shopping cart from the premises, or unauthorized possession, is a violation of law; and
(d) A valid address and telephone number to enable the shopping cart to be returned to the shopping cart owner.
(Ord. No. 08-OR0521-1, § 1, 9-3-08)
Sec. 7.110. Shopping cart containment plan.
If at any time more than ten (10) shopping carts within a one-week period are found abandoned, the shopping cart owner shall submit a shopping cart containment plan within thirty (30) days of notification by the city manager or his or her designee. This plan, at a minimum, shall include:
(a) Identification of owner: The name, address, phone number, and store number of the business/owner. The plan must also include the address where the shopping carts are offered for use.
(b) Shopping cart inventory: The total number of shopping carts maintained in or on the premises.
(c) Mandatory signage: A complete description of all signs to be placed in or on the premises and the shopping carts pursuant to section 7.108 and section 7.109. These descriptions must include size, wording, and location where the signs are to be placed.
(d) Shopping cart containment measures: Shopping cart owners shall describe the specific measures to be implemented to prevent unauthorized removal of the shopping cart from the premises.
(e) Shopping cart retrieval: Description and identification of the shopping cart retrieval service maintained pursuant to section 7.107 of this article. If an independent shopping cart retrieval service is used, a copy of the valid contract must be submitted. The owner may delete information relating to the cost of the contract or other personal information from the copy.
(f) The requirements of section 7.110 shall not apply to any business which provides less than ten (10) shopping carts for use by customers.
(Ord. No. 08-OR0521-1, § 1, 9-3-08)
Sec. 7.111. Plan approval or denial.
(a) The shopping cart containment plan pursuant to section 7.110 must be submitted to the city manager within thirty (30) days after initial notification of the plan requirement. Each proposed plan shall be accompanied by a processing fee established by resolution of the city council. No plan will be accepted without the processing fee. The city may approve or deny a plan and must notify the owner in writing of the decision. If approved, the plan shall be implemented by the owner within thirty (30) days from the date of approval.
(b) The city may revoke or deny a plan for any of the following reasons:
(1) The implementation of the plan would violate any city code, law or ordinance, or State or Federal law, statute or regulation;
(2) The plan fails to include all of the information required by section 7.110;
(3) The plan does not prevent the removal of shopping carts from the premises; or
(4) The plan omits facts, including special or unique conditions of the premises, which are required to be provided to ensure adequacy for the plan.
(c) If a plan is rejected by the city for incompleteness, or any of the reasons listed in subsections (b)(1) through (4) of this section, the city shall inform the owner in writing of the reasons for the rejection and any corrections which need to be made to the plan for it to be approved. The owner will have ten (10) days from the date of rejection to submit a corrected plan.
(d) If, at any time, the plan is ineffective as defined herein, the city may revoke the implemented plan and require the owner to submit a new plan for approval or denial by the city pursuant to the provisions set forth herein. A plan shall be deemed ineffective if shopping carts originating from a shopping cart owner’s premises are found abandoned.
(e) If, at any time, the shopping cart owner wants to modify a plan approved by the city, the shopping cart owner shall submit the modified plan for approval or denial but the city pursuant to the provisions set forth herein.
(f) Any shopping cart owner in the city who fails to submit a complete plan, fails to implement an approved plan, fails to maintain a shopping cart retrieval service, fails to correct a rejected plan, or maintains an ineffective plan in violation of this article shall be subject to enforcement of these requirements as provided for in chapter 1.
(Ord. No. 08-OR0521-1, § 1, 9-3-08)
Sec. 7.112. Appeal of plan denial or revocation.
A shopping cart owner may appeal the imposition, denial, or revocation of a shopping cart containment plan. The appeal must be submitted in writing and filed within (10) calendar days upon receipt of the notice by the city informing a shopping cart owner of the imposition, denial, or revocation of a cart containment plan. Upon timely receipt of a written request for an appeal, the city Manager or his or her designee shall schedule a hearing which shall be held no later than thirty (30) calendar days after the receipt of the request for appeal. The city manager or his or her designee shall serve by first-class mail a notice to the shopping cart owner at least ten (10) calendar days prior to the scheduled date of the hearing. At the hearing, the shopping cart owner shall be given the opportunity to present witnesses and relevant documentary evidence. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which is deemed reliable, relevant and not unduly repetitious may be considered. The city shall proceed the shopping cart owner with a written decision sustaining, reversing or modifying the shopping cart containment plan revocation or denial action within ten (10) calendar days after the hearing.
(Ord. No. 08-OR0521-1, § 1, 9-3-08)
Sec. 7.113. Unauthorized removal or possession of a shopping cart.
It is unlawful for any person to do any of the following, if a shopping cart has a permanently affixed sign pursuant to section 7.109:
(a) To remove a shopping 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;
(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 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 cart with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;
(d) To be in possession of any shopping cart while that cart is not located on the premises of a business establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;
(Ord. No. 08-OR0521-1, § 1, 9-3-08)
Sec. 7.114. Violations.
It shall be unlawful for any person to violate or fail to comply with any of the provisions of this article.
(Ord. No. 08-OR0521-1, § 1, 9-3-08)
