CHAPTER 100: SHOPPING CARTS

§ 100.05 REQUIRED SIGNS ON SHOPPING CARTS.

(A) Every owner must affix to each shopping cart owned or provided by the owner a sign that includes the following information:
(1) Identification of the owner of the shopping cart or the business establishment to which it pertains, or both.
(2) Notification that the unauthorized removal of the shopping cart from the premises of the business establishment, or the unauthorized possession of the shopping cart, is a violation of law.
(3) Notification of the procedure for authorized removal of the shopping cart from the premises.
(4) A telephone number or address for returning the shopping cart to its owner or to the business establishment identified thereon. Although not required, the city urges owners to place current telephone numbers on each sign for effective implementation of this chapter.

(B) Violation of this section constitutes an infraction.
(Ord. 1094, passed 2-17-04) Penalty, see § 100.99

§ 100.08 MANDATORY PLAN.
(A) Every owner must prepare, implement, and submit by April 5, 2004, a specific written plan to prevent customers from removing shopping carts from the owner’s premises and to retrieve shopping carts that were removed from the premises. Plans may include the following elements and are subject to the specified approvals below:
(1) Notice to customers. Written notice may be provided to customers that removing shopping carts from the premises is unlawful. The notice must be provided in both English and Spanish.
(2) Signs. Signs may be placed in appropriate places near customer exits and near parking area exits to inform customers that shopping cart removal is unlawful.
(3) Preventive measures. Specific physical measures may be implemented to prevent removal of shopping carts from the owner’s premises. These measures may include, without limitation, devices on shopping carts that automatically disable them if they are removed from the premises; employing personnel to advise and deter customers from removing shopping carts; installing obstacles to prevent shopping cart removal; collecting security deposits for use of shopping carts; renting or selling shopping carts to customers; and similar or like measures.
(4) Retrieval measures. Specific measures may be implemented to retrieve shopping carts that are removed from the owner’s premises. The measures may include, without limitation, employment of personnel or contractors to retrieve shopping carts.

(B) Every plan submitted is subject for the City Manager’s reasonable approval. In the event a plan demonstrates problems for implementation or is otherwise flawed, the City Manager will notify the owner to submit a revised plan to the City Manager within 30 days. The City Manager may also require an evaluation report detailing the measures used during the prior year to prevent shopping carts from being removed from the owner’s premises and measures used to retrieve the shopping carts. The report may also include an inventory of shopping carts owned or used by the owner, the number of shopping carts which were retrieved after removal from the owner’s premises during the previous 12 months, and the number of shopping carts replaced due to loss, theft or abandonment during the previous 12 months.

(C) Whenever an owner makes revisions to a plan, the revised plan must be submitted to the City Manager for approval.

(D) Violation of this section constitutes an infraction.
(Ord. 1094, passed 2-17-04) Penalty, see § 100.99

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.