CHAPTER 4 SHOPPING CARTS
8-4-3: PERMANENT FIXED SIGN REQUIRED:
All shopping carts for any retail establishment in the City shall have a sign permanently affixed to them. The sign shall identify the owner of the cart or the retailer or both; notify the public of the procedure to be utilized for authorized removal of the cart from the parking area; notify the public that the unauthorized removal of the cart from the parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of State law and City ordinance; and shall list a valid telephone number or address for returning the cart removed from the parking area to the owner or retailer. If there is no procedure listed on the shopping cart for the authorized removal of the shopping cart from the parking area, then there is a rebuttable presumption that the shopping cart shall not be removed from the parking area.
(Ord. 99-1, 2-16-1999)
8-4-4: REMOVAL PROHIBITED:
It shall be unlawful to do any of the following acts, if a shopping cart has a permanent affixed sign as provided for above:
(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 be in possession of any shopping cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
(C) To be in possession of any shopping cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
(D) 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.
(E) To alter, convert or tamper with the 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.
(F) To be in possession of any shopping cart while that cart is not located on the premises or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
(Ord. 99-1, 2-16-1999)
8-4-5: NOTICE REQUIRED:
There shall be posted, by the business establishment furnishing a parking lot and shopping carts for its customers’ use, prominently and conspicuously, on the building and at any shopping cart storage area, a notice, in English and Spanish, in substantially the following form:
Removal of a shopping cart from the premises is a misdemeanor. (Selma Municipal Code Section 8-4-3). Maximum penalty: $1000 – 6 months, or both.
(Ord. 99-1, 2-16-1999)
8-4-6: IMPOUNDMENT:
The City Council hereby adopts a policy of impounding shopping carts that are not on the parking lots of retail establishments, and shall by resolution of the City Council adopt a fine the owner of the shopping cart shall pay for the retrieval of the shopping cart. This shall be done in accordance with California Business and Professions Code section 22435.7 or any successors. (Ord. 99-1, 2-16-1999)
