CHAPTER 5.82: SHOPPING CARTS
Section 5.82.020: Cart Identification Required.
a) Every cart provided by any owner must have a sign permanently affixed to the cart that contains all of the following information:
1) The identity of the owner;
2) The address and phone number of the owner for cart return;
3) A statement that the removal of the cart from the premises is a violation of state law and Chapter 5.82 of this code; and
4) The procedure for authorized removal of the cart from the premises.
(Ord. 2002-039 § 1 (part))
Section 5.82.060: Abandoned Cart Prevention Plan.
a) Every owner who allows or intends to allow the use of carts outside a building or enclosed area of a business shall develop, implement and comply with an abandoned cart prevention plan.
1) The plan must include, at a minimum, the following information:
I) The name of the business, address and phone number of the premises where the business is conducted, and the address and phone number of the cart owner, if different;
II) A procedure for providing notification to customers that removal of carts from the premises is prohibited and a violation of state and local law in addition to the notice required under Sections 5.82.020 and 5.82.050. This notice may be provided in the form of flyers, warnings on shopping bags, or any form of written notification that will effectively notify customers of the prohibition;
III) A description of the physical measures that will be implemented to prevent the removal of carts from the premises. Physical measures may include, but are not limited to: devices on carts that prevent their removal from the premises; posting of a security guard to deter and stop customers from removing carts from the premises, prohibiting carts outside the building of the business unless accompanied by an employee; bollards and chains around the premises to prevent cart removal; security deposits required for use of carts; or the rental or sale of carts that can be temporarily or permanently used for transport of purchases off of the premises; and
IV) A procedure for the retrieval of abandoned carts by its employees, or proof that the owner has entered into a contract for cart retrieval services that has been approved by the code enforcement manager.
2) Two or more businesses may collaborate and submit a single plan.
(Ord. 2002-039 § 1 (part))
Section 5.82.070: Abandoned Cart Prevention Plan Approval.
a) Each owner shall submit a proposed abandoned cart prevention plan to the code enforcement manager or designee within ninety (90) days of the effective date of this chapter, and by July 1st of each year thereafter. Proposed businesses shall have an approved abandoned cart prevention plan prior to commencing business. After initial submission and approval of an abandoned cart prevention plan, an owner submitting the same plan to comply with the requirement of submitting a plan by July 1 of each subsequent year, may do so by submitting a letter of intent stating that the owner is submitting the plan currently in operation.
b) The code enforcement manager or designee shall approve or reject the proposed abandoned cart prevention plan within ninety (90) days of the plan’s submission. The code enforcement manager or designee may deny a plan based upon any of the following grounds:
1) Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police or other provision of this code or any county, state or federal law which substantially affects public health, welfare, or safety;
2) The plan fails to include all of the information required by this chapter;
3) The plan is insufficient or inadequate to prevent removal of carts from the premises;
4) The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to cart retention and prevention efforts;
5) Implementation of the plan violates a term or condition of a plan or other requirement of this chapter;
6) The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made.
c) If the plan is rejected as incomplete or inadequate, the code enforcement manager or designee shall indicate areas that are incomplete or inadequate, and the owner shall have an additional thirty (30) days within which to resubmit a complete and adequate plan. The code enforcement manager or designee shall approve or reject the resubmitted plan within thirty (30) days of the date of resubmission of the plan.
d) Once approved, the measures included in the plan shall be implemented no later than thirty (30) days of the plan’s approval. If an owner is proposing new measures, the measures from the approved plan in the previous year shall be continued until the new measures are implemented.
e) Any owner that fails to submit a plan, implement the plan measures, or implement any required modifications to the plan within the time frames specified in this chapter shall be required to keep all carts inside the building or enclosed areas of the business.
f) Any owner that fails to keep all carts inside the building or enclosed area of the premises, if applicable, may be subject to administrative penalties imposed pursuant to Chapter 1.28 of this code.
g) The code enforcement manager or designee’s decision to deny a plan shall be appealable to the city manager. A written notice of appeal must be submitted to the code enforcement manager within ten (10) days of the denial of the plan and accompanied by a copy of the plan and the appropriate fee as set by resolution of the city council. The city manager shall review the plan under the grounds for denial set forth in subsection B of this section and provide a decision approving or denying the plan within thirty (30) days of receipt of the notice of appeal.
h) After an approved plan is in operation for three months, the plan shall be reevaluated to determine if it is effective. If the plan is ineffective, the owner must submit an amended plan to the code enforcement manager or designee. Any amended plan must be submitted within one month after notice of the plan’s ineffectiveness. The code enforcement manager or designee shall approve or reject the amended plan within ninety (90) days of its submission.
i) Even though approved, a plan may be reevaluated at any time by the code enforcement manager if operation of the plan demonstrates the plan’s insufficiency or inadequacy in preventing removal of carts from the premises.
(Ord. 2002-039 § 1 (part))
Rosemead
Rosemead, CA
Chapter 9.12 Offenses Against Property
9.12.080 Unauthorized use of shopping carts prohibited.
A. Removal. No person shall remove any commercially-owned shopping cart, shopping basket or other similar device from the premises of any business establishment within the City.
B. Abandonment. No person shall abandon or leave any commercially-owned shopping cart, shopping basket or other similar device which has been removed from the premises of any business establishment upon any public street, alley, sidewalk, parkway or other public place within the City, nor upon any private property within the City except that of the owner of such cart, basket or device. If necessary, the City may impound a shopping cart that is located outside the business premises in accordance with California Business and Professions Code section 22435.8. Any fees for such removal will be set established by resolution of the City Council.
C. Possession. No person shall have in his or her possession within the City any commercial shopping cart, shopping basket or other similar device. Persons that violate this section may be subject to a fine as established by resolution of the City Council.
D. Shopping Cart Containment Plan. The City may require shopping cart owners engaging in business in the City as of the effective date of this chapter to implement a shopping cart containment plan. Such containment plan shall be at the discretion of the City Manager and include, at a minimum, public signage and a shopping cart prevention and retrieval program. All plans shall be subject to the approval of the City Manager.
E. Definitions. For purposes of this section, the following words and terms have the following meanings:
“Business establishment” means any business which offers or provides shopping carts for the use of the customers of such business, regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, or is a private club or business, or is a membership store.
“Commercial Shopping Cart” means a basket which is mounted on wheels or a similar device that is generally used in a business establishment for the purpose of transporting goods of any kind. “Commercial shopping cart” does not include personal folding carts or other similar devices that are purchased for personal use.
“Commercially-owned Shopping Cart” means a basket which is mounted on wheels or a similar device that is owned by a business establishment and is generally used by a customer in the business establishment for the purpose of transporting goods of any kind.
“Premises” means any building, property or other area upon which any business establishment is conducted or operated, including the parking area provided for customers of such business establishment.
(Prior code § 4168)
(Ord. No. 934, § 1, 12-10-13)
