California Business and Professions Code Sections 22435 through 22435.8 authorize a city, inter alia, to retrieve off-premises shopping and laundry carts and fine the shopping cart owner up to Fifty and no/100ths ($50.00) if four (4) or more shopping or laundry carts are not retrieved in any six (6) month period. Subdivision (d) of Business and Professions Code Section 22435.7 authorizes cities which impound shopping carts to recover the actual cost of the recovery service.
California Business and Professions Code Sections 22435.10 through 22435.13 regulate shopping and laundry cart retrieval services.
5-47.03 Unauthorized removal unlawful.
It shall be unlawful for any person, either temporarily or permanently, to remove a cart from a premises or be in possession of a lawfully marked cart that has been removed from a premises without written consent of the owner authorized by this chapter or for the purpose of repair, maintenance, or disposal.
5-47.04 Abandonment prohibited.
It shall be unlawful for any person to cause or permit any cart to be abandoned on or upon any sidewalk, street or other public area, other than the premises of the owner of such cart.
5-47.05 Cart identification required.
Every cart owned or provided by any owner shall have the sign that includes the owner’s name, address and phone number required by Section 22435.1 of the California Business and Professions Code permanently affixed to the cart.
5-47.06 Cart removal warning signs.
Owners shall prominently display signs notifying the public that removal of carts from the premises is prohibited under Business and Professions Code Section 22435 et seq. and this chapter.
5-47.07 Written permission required for off-premises use of cart.
An owner may permit customer off-premises use of a cart for transportation of purchased items. The authorization must be in writing with date and time. This cart must be returned to the owner’s premises within seventy-two (72) hours.
5-47.08 Mandatory locking of carts after hours.
Carts stored outdoors shall be locked after business hours in a manner that prevents theft.
5-47.09 Mandatory retrieval required within twenty-four (24) hours of notification by City.
The City shall notify the owner of an abandoned cart when such cart is located in a place that can be accessed safely by the owner. Such notice may be by telephone, email or text message to the owner or owner’s agent designated in the abandoned cart prevention and retrieval plan. Within twenty-four (24) hours of City notification, the owner or agent shall cause the identified cart(s) to be retrieved.
5-47.10 Abandoned cart prevention and retrieval plan required.
Every owner who provides carts to customers or intends to provide carts to customers shall develop, implement and comply with the terms and conditions of an approved abandoned cart prevention and retrieval plan to prevent unauthorized removal of carts from a premises and, if removed, to retrieve the cart within twenty-four (24) hours of removal or notice of removal. Such abandoned cart prevention and retrieval plan must be approved by the Director to be effective. Such abandoned cart prevention and retrieval plan shall include the following elements:
(a) Name. The name of the owner, any agent(s) and the business name, the physical address where the business is conducted, name, address and phone number(s) of the on-site and off-site owner or agent(s) if different.
(b) Designation of the agent for cart retrieval including direct contact information including phone, text or email information.
(c) Cart Identification Sign. Owners shall attach an example of the proposed cart ownership identification sign which shall conform to California Business and Professions Code Section 22345.1 and this chapter.
(d) Verification that carts that are stored outdoors shall be locked during hours when the business is closed.
(e) At any time after the Director’s approval of any abandoned cart prevention and retrieval plan, the owner may propose a change to address different circumstances or to improve the plan.
(f) The owner or agent shall provide the City with current contact information for the purpose of notification of abandoned carts by the City.
An owner or agent, who fails, three (3) times or more in any six (6) month period, to retrieve a cart within the required twenty-four (24) hour period upon notification by the City, will be required to submit a revised abandoned cart prevention and retrieval plan for approval by the Director. After approval of the revised abandoned cart prevention and retrieval plan, an owner or agent who then fails, three (3) times in any subsequent six (6) month period, to retrieve a cart within the required twenty-four (24) hour period upon notification by the City, shall be required to enter into a valid and enforceable contract with a shopping cart or laundry cart retrieval business which complies with Article 2 of Chapter 19 of Division 8 of the Business and Professions Code, commencing with Section 22435.10.
Ord. 1324-15 (CM), eff. December 17, 2015)
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