6-27-6 SHOPPING CART CONTAINMENT AND RETRIEVAL PLANS.

A. Plans Required. Shopping Cart Containment and Retrieval Plans shall be required to be filed with the Development Services Director either: within six (6) months of the opening of the business; or, within six (6) months of the effective date of the ordinance codified in this Chapter. The plan shall include sections detailing the store’s strategy for preventing shopping carts from leaving the business site and parking lot (Shopping Cart Containment), and defining the methods that will be implemented to retrieve shopping carts abandoned off-site (Shopping Cart Retrieval).

B. Shopping Cart Containment Plans. Shopping Cart Containment Plans shall detail the business’ approach to retain carts on the property occupied by the business. At a minimum, each Shopping Cart Containment Plan must demonstrate how the following requirements of B.1 through B.4 will be met.
1. Signs on carts required: Every shopping cart made available for use by customers shall have a sign permanently affixed to it that includes the following information in accordance with RCW 9A.56.270, as now enacted or hereafter amended:
a. Identification of the owner of the shopping cart or the name of the business establishment, or both.
b. Notification to the public of the procedure to be utilized for authorized removal of the cart from the business premises.
c. Notification to the public that unauthorized removal of the cart from the premises of the business, or the unauthorized possession of the cart, is a violation of City and state law. d. A current telephone to report the location of the abandoned cart.
2. Notice to customers: Written notice shall be provided to customers, that the removal of shopping carts from the premises is prohibited. Such notice may be provided in the form of flyers distributed on the premises, notice printed on shopping bags, direct mail, notices on business websites, or any other means demonstrated to be effective. Conspicuous signs shall be placed and maintained on the premises near all customer entrances and exits and throughout the premises, including the parking area, warning customers that removal of shopping carts from the premises is prohibited by state and City law.
3. Employee training: The owner of the retail establishment shall implement and maintain a periodic training program for new and existing employees designed to educate such employees of the requirements of the Abandoned Cart Prevention Plan and the provisions of state and City law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment.
4. Measures to contain shopping carts on site: The owner of the retail establishment may install specific physical measures on the carts or implement other measures to prevent cart removal from business premises. These measures may include, but are not limited to:
a. Installing disabling devices on all carts;
b. Posting store personnel to deter and stop customers who attempt to remove carts from business premises;
c. Installing bollards and chains around business entrances/exits to prevent cart removal;
d. Requiring security deposits for use of all carts; or
e. Providing carts for rental or sale that can be temporarily or permanently used for the purpose of transporting purchases.
5. Collaboration with other businesses: Two or more retail establishments located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single Shopping Cart Containment Plan.

C. Shopping Cart Retrieval Plan. Shopping Cart Retrieval Plans shall detail the business’ approach for retrieving shopping carts removed from the property occupied by the business. At a minimum, each Shopping Cart Retrieval Plan must demonstrate how the following requirements of subsection C will be met.
1. Retrieval personnel. The owner shall provide personnel for the purposes of the retrieval of lost, stolen or abandoned shopping carts. Such personnel may be either employees of the business or one or more independent contractors hired by the owner to provide shopping cart retrieval services, or a combination of both. The Shopping Cart Retrieval Plan shall either:
a. Identify the number of employees who will be assigned such cart retrieval duties, the number of total hours per week that each assigned employee will perform such services, and the training each of such personnel has received or will receive concerning the retrieval of lost, stolen or abandoned shopping carts; or
b. Include a copy of each contract with a cart retrieval service (other than confidential financial information that may be retracted from the contract).
2. Prompt retrieval of carts. The owner shall:
a. Provide retrieval personnel in sufficient numbers to assure that all public streets within a minimum one-half mile radius of the premises of the retail establishment are patrolled not less often than every 72 hours.
b. Immediately retrieve and remove each lost, stolen or abandoned shopping cart owned or provided by the retail establishment which is found as a result of such patrols from any public or private property upon which the cart is found.
3. Patrol area and resources. The Shopping Cart Retrieval Plan shall:
a. Identify the streets and bus stops which will be patrolled as required by this subsection as well as the manner, frequency, and times of such patrols.
b. Include information such as the number of trucks, hours of operation and retrieval personnel, as reasonably required by the City to assure that the owner is devoting sufficient resources to cart retrieval operation to comply with the approved Shopping Cart Containment Plan.

About Shopping Cart Ordinances

Retailers can struggle to stop cart abandonment, often paying up to $15,000 a year on replacement carts and municipal fines and fees due imposed by communities. These cart regulations and laws are put in place to not only control the environmental impact of abandoned carts, but also to keep towns and cities clean.

Most shopping cart ordinances fall into three categories: The first category is regulations requiring retailers to have a plan to contain and collect errant shopping carts. Secondly, those that define the fines and penalties a city may impose on retailers for abandoned or errant shopping carts. Finally, the third category of rules generally requires retailers to have a system to contain shopping carts, preventing abandonment.