Cart Ordinances

OROVILLE, CA

CITY OF OROVILLE
ORDINANCE NO. 1727
Chapter 14
Article IV – Shopping Carts



Division 4. Shopping Cart Requirements.
14.26.401 General Requirements.
1. All shopping cart owners shall permanently affix a sign to their shopping
carts identifying the owner of the shopping cart and notifying the public of the
procedure utilized for unauthorized removal of the cart from the store premises and
that unauthorized removal of the shopping cart from the store premises or parking
area of the retail establishment or the unauthorized possession of the shopping cart
is a violation of state law with a valid telephone number or address for returning the
shopping cart removed from the store premises or parking area to the owner.
2. Upon request, shopping cart owners shall provide to the department head
information, including but not limited to, a report concerning shopping cart use, loss
and recovery specific to that business location, and such other information deemed
reasonable by the department head to determine the adequacy of the shopping cart
containment system or control method.
3. All shopping cart owners shall provide the department head a name of a
contact person and phone number whom shall be responsible for the collection of
off-premise shopping carts when cart violations occur. Such person shall be
capable of being contacted during normal business hours, seven days a week.
4. All shopping cart owners shall provide the department head an action plan
regarding shopping cart recovery of off-premises carts.
a. If carts are not retrieved 72 hours after notification by the City more
than 15 times in a 6-month period, the Owner’s “action plan” will be
deemed invalid. Once an action plan is deemed invalid, the Owner
shall comply with 14.26.402 pertaining to Shopping Cart Control
Measures.
5. All shopping cart owners shall post a sign in English and Spanish not less
than eight and half (8.5) inches in height and fourteen (14) inches width with block
lettering in a conspicuous place on the building within four (4) feet of all customer
entrances and exits stating, at a minimum, the following:
REMOVAL OF SHOPPING CARTS FROM THE PREMISES IS
PROHIBITED BY LAW.
California Code
Business & Professions Code § 22435.2
Code of the City of Oroville § 14-26
14.26.402 Shopping Cart Control Measures.
All shopping cart Owners shall effectively contain, control, and prevent shopping
carts from leaving the boundaries of the premises. Owners shall actively retrieve all
shopping carts that have been taken off premises. In the event an action plan fails,
Owners shall use the following procedure to retrieve shopping carts that have been
abandoned off-premises.
a) The Owner of shopping carts, at Owners expense, shall hire a cart retrieval
company. The hired cart retrieval company shall sign a service agreement
contract with the Owner(s) of shopping carts. The sole responsibility of cart
retrieval company shall be to retrieve off-premise shopping carts for all
Owners.
b) In the event that Owner(s) fail to utilize the cart retrieval service, or to follow
cart prevention measures which result in shopping carts being abandoned offpremise
resulting in City personnel picking up and storing shopping carts, the
following requirements shall be applied.
1) The Owner shall be required by the City to install a standardized cart
containment system with a wheel locking or stopping mechanism that
is used in conjunction with an electronic or magnetic barrier along the
perimeter of the store premises. The wheel locking or stopping
mechanism shall activate when the shopping cart crosses the
electronic or magnetic barrier.
14.26.403 Unauthorized removal or possession.
Procedures related to removal and possession of any shopping carts shall be in
accordance with Business and Professions Code, § 22435.2 – 22435.5.
14.26.404 Shopping cart violations – Infraction.
Any person who violates any of the provisions of this article is guilty of an
infraction punishable by a fine as provided in Government Code Section 36900.
14.26.405 Shopping carts - abatement, removal and storage.
Procedures related to authorization for abatement, removal and storage of
abandoned shopping carts shall be pursuant to Business and Professions Code, §
22435.7.
14.26.406 Penalties and Fines
a) In addition to the infraction penalty, any shopping cart not reclaimed by the owner
or his or her agent within three (3) business days following the date of actual
notice of abandoned shopping carts shall be subject to paying the following fine
schedule:
1. A fine not exceeding ten ($10.00) for the first violation;
2. A fine not exceeding twenty-five dollars ($25.00) for a second violation
of the same section of this article within six months;
3. A fine not exceeding fifty dollars ($50.00) for the third violation, and for
each subsequent violation of the same section of this article within six
months.
b) City administrative fees for the removal and storage of shopping carts shall be
established or modified by resolution of the City Council and shall include the
actual cost of removal and storage of any shopping cart, or parts thereof, plus the
proportionate share of administrative costs in connection therewith. The schedule
for such fees shall remain on file and be available in the Finance Department of
the City.
14.26.407 Payment of Fines and Fees
(a) All fines and fees shall be due and payable within thirty (30) days after issuance
of the fine.

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