Chapter 5-23
SHOPPING CART CONTAINMENT AND RETRIEVAL BY OWNERS
5-23-03 Cart containment plan.
Except as otherwise provided in this chapter, every owner who provides shopping carts to customers for use on the premises of any retail establishment shall develop, implement and comply with the provisions of a written plan approved by the City to prevent customers from removing shopping carts from the premises of such business without authorization of the owner (the cart containment plan). The cart containment plan, at a minimum, shall include the following elements:
(a) Signs Affixed to Carts. Every shopping cart made available for use by customers shall have a sign permanently affixed to it that identifies the owner of the cart or the retailer or both; notifies the public that the unauthorized removal of the cart from the premises of the business, or the unauthorized possession of the cart, is a violation of State law, and lists a valid telephone number or address for returning the cart removed from the premises to the owner or retailer.
(b) Notice to Customers. Written notice shall be provided to customers, in both English and Spanish, that removal of shopping carts from the premises is prohibited by State law. Such notice may be provided in the form of flyers distributed on the premises, warnings printed on shopping bags, direct mail, website notices or any other means demonstrated to be effective. The cart containment plan shall identify the specific measures to be implemented to comply with this notice requirement. In addition, 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 law.
(c) Physical Measures. Specific physical measures shall be implemented and maintained by the owner to prevent, deter or impede the removal of shopping carts from the premises. Such physical measures shall be specifically identified in the cart containment plan and may include, but are not limited to, the following: disabling devices installed and maintained on carts, maintaining one (1) or more security guards assigned the responsibility to deter or stop customers from removing shopping carts from the premises, preventing any shopping carts to be taken outside the confines of building exits unless accompanied by an employee of the business, bollards and chains in locations between the business exits and the parking area which effectively prevent transporting shopping carts into the parking area or off the premises, requiring security deposits by customers for cart use, or rental or sale of carts to customers.
(d) Employee Training. The owner of the retail establishment shall implement and maintain a periodic training program for its new and existing employees designed to educate such employees concerning the requirements of the cart containment plan and the provisions of State law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment. The cart containment plan shall expressly describe the employee training program.
(e) Collaboration with Other Businesses. Two (2) or more retail establishments located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single cart containment plan.
(f) Exemptions. The requirements of this section shall not apply to any retail establishment which provides a total of ten (10) or less shopping carts for use by customers of such business, or which retail establishment complies with the requirements of TMC 5-23-04.
(1109-CS, Added, 06/26/2008)
5-23-04 Cart retrieval plan.
Except as otherwise provided in this chapter, every owner who provides shopping carts to customers for use on the premises of any retail establishment shall develop, implement and comply with the provisions of a written plan approved by the City to provide for the retrieval of lost, stolen or abandoned shopping carts which have been removed from the premises of the retail establishment (the cart retrieval plan). The cart retrieval plan, at a minimum, shall include the following elements:
(a) Signs Affixed to Carts. Every shopping cart made available for use by customers shall have a sign permanently affixed to it that identifies the owner of the cart or the retailer or both; notifies the public that the unauthorized removal of the cart from the premises of the business, or the unauthorized possession of the cart, is a violation of State law, and lists a valid telephone number or address for returning the cart removed from the premises to the owner or retailer.
(b) Retrieval Personnel. The owner shall provide personnel for purposes of the retrieval of lost, stolen or abandoned shopping carts. Such personnel may be either employees of the business or one (1 )or more independent contractors hired by the owner to provide shopping cart retrieval services, or a combination of both. The cart retrieval plan shall either (1) 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 (in addition to any on-premises retrieval duties to which such employee may be assigned), and the training each of such personnel has received or will receive concerning the retrieval of lost, stolen or abandoned shopping carts, or (2) include a copy of each contract with a cart retrieval service (other than confidential financial information which may be retracted from the contract). For purposes of this section, those persons identified in the cart retrieval plan as providing cart retrieval services, whether employees of the business or independent contract services, shall be referred to in this section as retrieval personnel. The owner shall provide written authorization to all retrieval personnel, which authorization shall be carried by each such person while performing cart retrieval services on behalf of the owner and shall be provided to any enforcement personnel upon request.
(c) Prompt Retrieval of Carts. The owner shall provide retrieval personnel in sufficient number to assure that all public streets within a minimum one (1) mile radius of the premises of the retail establishment are patrolled not less often than every forty-eight (48) hours, and all bus stops within a minimum one (1) mile radius of the retail establishment are patrolled not less often than every twenty-four (24) hours, and each lost, stolen or abandoned shopping cart owned or provided by the retail establishment which is found as a result of such patrols is immediately retrieved and removed from any public or private property upon which the cart is found. The cart retrieval plan shall identify the perimeter streets and bus stops in which all streets within the perimeter area will be patrolled as required by this subsection; the manner, frequency and times of such patrols; and the procedures to be employed by the retail establishment to identify and retrieve any lost, stolen or abandoned shopping carts. The cart retrieval plan shall identify the number of trucks, hours of operation of the retrieval personnel, and such other information as reasonably required by the City to assure that the owner is devoting sufficient resources to cart retrieval operations to comply with the provisions of this section and the approved cart retrieval plan.
(d) Exemptions. The requirements of this section shall not apply to any retail establishment which provides a total of ten (10) or less shopping carts for use by customers of such business, or which retail establishment complies with the requirements of TMC 5-23-03.
(1109-CS, Added, 06/26/2008)
5-23-08 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 TMC 5-23-03(a) and 5-23-04(a):
(a) Remove a shopping cart from the premises or parking area of a business establishment.
(b) Leave or abandon a shopping cart at a location other than the premises or parking area of the retail establishment.
(c) Alter, convert, or tamper with a shopping cart, or remove any part or portion thereof or remove, obliterate or alter serial numbers on a cart.
(d) Be in possession of any shopping cart while that cart is not located on the premises or parking lot of a business establishment.
(1109-CS, Added, 06/26/2008)
5-23-09 Violations: Penalties.
(a) Except as otherwise expressly provided in this chapter, it is unlawful for the owner of any retail establishment to provide or offer, or permit to be provided or offered, any shopping carts to customers of such retail establishment without an approved cart containment plan or cart retrieval plan as required by either TMC 5-23-03 or 5-23-04; provided, however, this prohibition shall not apply to any retail establishment, or the owner thereof, which provides a total of ten (10) or less shopping carts for the use of customers of such retail establishment.
(b) It is unlawful for the owner of any retail establishment to provide or offer, or permit to be provided or offered, to customers of such retail establishment any shopping cart, which does not have a sign permanently affixed thereto containing all of the information specified in Section 22435.1 of the Business and Professions Code of the State of California.
(c) Per TMC 5-23-08, it is unlawful for any person to remove, be in possession of, leave and/or abandon a shopping cart at a location other than the premises or parking area of the retail establishment. It is also unlawful for any person to alter, convert or tamper with a shopping cart.
(d) The first violation of any provisions of this chapter committed by the owner of any retail establishment or by any person or entity shall be an infraction punishable in accordance with the applicable provisions of the Turlock Municipal Code. Any subsequent violations committed by the owner of any retail establishment or by any person or entity after having previously been convicted of violating said same section shall be a misdemeanor.
(1109-CS, Added, 06/26/2008)
