Cart Ordinances

Banning, CA

Banning, CA
Chapter 5.52 - SHOPPING CARTS



Sections:



5.52.010 - Identification of shopping carts.



A. On and after the effective date of this section each owner of a retail establishment providing three or more shopping carts for use by the patrons of the retail establishment, and the manager or person in charge of any retail establishment which provides three or more shopping carts for use by the patrons of the retail establishment, shall permanently affix to all shopping carts under the ownership and control of such owner, manger or person in charge the notification required under California Business and Professions Code Section 22435.1 to facilitate the enforcement of the provisions of California Business and Professions Code Section 22435 et seq.



B. The applicable provisions of California Business and Professions Code Section 22435 et seq. are as follows:



22435.1 Application; permanently affixed sign required; contents



The provisions of Section 22435.2 shall apply when a shopping cart...has a sign permanently affixed to it that identifies the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law; and lists a telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer.



22435.2 Unlawful acts



It is unlawful to do any of the following acts if a shopping cart... has a permanently affixed sign as provided in Section 22435.1:



(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 a 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.



22435.3 Violations; misdemeanor; application of other laws



Any person who violates any of the provisions of this chapter is guilty of a misdemeanor. The provisions of this section are not intended to preclude the application of any other laws relating to prosecution for theft.



22435.4 Consent from owner



This chapter shall not apply to the owner of a shopping cart, or to a retailer, or to their agents or employees, or to a customer of a retail establishment who has written consent from the owner of a shopping cart or laundry cart or a retailer to be in possession of the shopping cart or laundry cart or to remove the shopping cart or laundry cart from the premises or the parking area of the retail establishment, or to do any of the acts specified in Section 22435.2.



22435.5 Presumption and interference; ownership of carts



(a) (Omitted)



(b) In any criminal proceeding, it may be inferred that any shopping cart which has a sign affixed to it pursuant to Section 22435.1 is the property of the person or business named in the sign and has not been abandoned by the person or business named in the sign.



C. Findings and Purpose. Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City of Banning. The accumulation of wrecked, dismantled and abandoned shopping carts on public or private property also tends to create conditions that reduce property values, promoting blight and deterioration in the city. The intent of this chapter is to insure that measures are taken by store owners to prevent the removal of shopping carts from store premises and parking lots, to make the removal of shopping carts a violation of this Code, and to facilitate the retrieval of abandoned carts as permitted by state law. Further, this chapter is intended to supplement existing state law regarding shopping carts as set forth in California Business & Professions Code, section 22435, et seq.



D. Enforcement of Chapter.



(a) Permanent Signage. Every cart owned or provided by any business establishment in the City of Banning must have a sign permanently affixed to it that contains the following information:



(1) Identifies the owner of the cart or the name of the business establishment, or both;



(2) Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises;



(3) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the business establishment is a violation of state and City of Banning law;



(4) Lists a telephone number to contact to report the location of the abandoned cart; and



(5) Lists an address for returning the cart to the owner or business establishment.



(b) Violation Remedies. Failure to comply may subject the violator to any civil, criminal, or administrative remedies as provided by law.



E.Prohibiting Removal or Possession of Abandoned Shopping Carts.



(a) Removal of Carts. It shall be unlawful to either temporarily or permanently remove a cart from the premises or parking area of a business establishment without the express prior written approval of the owner or on-duty manager of the business establishment. Written permission shall be valid for a period not to exceed seventy-two hours.



(b) Possession of Carts. It shall be unlawful to be in possession of a cart that has been removed from the premises or parking area of a business establishment unless it is in the process of being immediately returned to the owner or business establishment.



(c) Repair or Maintenance. This section shall not apply to carts that are removed for the purposes of repair or maintenance.



(d) Violation Remedies. Failure to comply may subject the violator of the cart to any civil, criminal, or administrative remedies as provided by law.



F. Mandatory Plan to Prevent Cart Removal/Evaluation Report. Every owner shall develop and implement a specific plan to prevent customers from removing carts from the business premises ("prevention plan"). The prevention plan must include the following elements and a detailed description of how they will be implemented:



(a) Notice to Customers. Written notification shall be provided to customers that removal of carts from the premises and parking lots are prohibited and a violation of state and local law. This notice may be provided in the form of flyers, warnings on shopping bags, or any other form of written notification that will effectively notify customers of the prohibition.



(b) Sign Placement. Signs shall be placed in pertinent places near door exits and near parking lot exits that warn customers that cart removal is prohibited and constitute a violation of state and local law.



(c) Physical Measures. Specific physical measures shall be implemented to prevent cart removal from the business premises. These measures may include, but are not limited to, disabling devices on all carts, posting of a security guard to deter and stop customers who attempt to remove carts from the business premises, bollards and chains around business premises to prevent cart removal, security deposits required for use of all carts, or the rental or sale of carts that can be temporarily or permanently used for transport of purchases. As an alternative to implementing specific physical measures, a business shall contract with a cart retrieval service to retrieve carts removed from its premises within a forty-eight-hour period.



(d) Evaluation Report. If a prevention plan was in place the previous year, a report shall be submitted to the city evaluating the measures that were used and approved in the prior calendar year. The report shall include, but not be limited to, the inventory of carts owned/used by the business establishment and the number of carts that had to be replaced due to loss, theft or abandonment.



G. Prevention Plan/Evaluation Report Timelines and Approval Process.



(a) Existing Owners. The proposed prevention plan for preventing cart removal shall be submitted for approval to the city manager or his/her designee within thirty days of receiving notice from the city that such a plan is required pursuant to this chapter. An evaluation report shall be submitted by January 1 of each year thereafter.



(b) New Businesses and Change in Ownership. If a new business begins conducting business in the city and provides carts to its customers, the new owner shall notify the city manager or his/her designee within thirty days of opening the business to the public and submit a new prevention plan or contract with a cart retrieval service. If an existing business changes ownership, the new owner shall notify the city manager or his/her designee within thirty days of the change and submit a new prevention plan, agree to adopt the existing prevention plan on file with the city for that business or contract with a cart retrieval service. An evaluation report shall be submitted by January 1 of each year thereafter.



(c) Approval. Within thirty days of receipt of the prevention plan, the owner shall be notified whether the prevention plan is approved. If the plan is not approved, the notice shall state its reasons and provide recommendations to the owner to ensure plan approval. The owner shall submit a new prevention plan within fifteen days of receiving this notice. Once a prevention plan is approved, the proposed measures shall be implemented by no later than thirty days after city approval is given. If an evaluation report is submitted, the prevention measures shall be continued until and unless the city indicates that a measure(s) needs to be modified. Unless otherwise agreed, any modifications to the plan imposed by the city shall be implemented within thirty days after the city notifies the owner of the needed modifications.



(d) Revocation. If more than sixty carts are retrieved by the city within a six-month period, the owner's prevention plan will be revoked upon notification by the city and the owner will be required to submit a new prevention plan to the city manager. Any owner failing to implement the new prevention plan within thirty days of approval shall be subject to penalties under this chapter.



5.52.020 - Recovery of shopping carts by city forces.



A. Authorization of Enforcement Personnel. To the extent otherwise permitted by law, said enforcement personnel may enter onto any public or private property in the city to retrieve, remove, store, and dispose of any lost, stolen, or abandoned shopping cart, or any part thereof. Any act authorized to be performed by the City of Banning pursuant to any provision of this chapter may be performed by any enforcement personnel. Any enforcement personnel are authorized to issue an administrative citation upon any owner whom they have reasonable cause to believe has violated any provision of this chapter.



B. Before return of the shopping cart to the owner or the owner's agent, such person shall pay to the City of Banning a fee for the recovery and storage of each such shopping cart. The fee shall be in an amount set by resolution of the city council. (Code 1965, § 11C-62.)



5.52.030 - Penalty.



Any owner of a retail establishment providing three or more shopping carts for use by the patrons of the retail establishment, and each manager or person in charge of any retail establishment which provides three or more shopping carts for use by the patrons of the retail establishment, who does not affix and maintain on each shopping cart under their ownership and control the notification specified in California Business and Professions Code Section 22435.1 as set forth herein or as it may be subsequently amended, shall be guilty of a violation hereof. The punishment for such violation shall be as follows:



A. A first violation shall constitute an infraction punishable by a fine not to exceed fifty dollars.



B. A second violation shall constitute an infraction punishable by a fine not to exceed one hundred dollars.



C. A third violation shall constitute an infraction punishable by a fine not to exceed two hundred fifty dollars.



D. A fourth violation shall constitute a misdemeanor punishable by a fine, not to exceed one thousand dollars or six months in jail or both.



E. Each day that each shopping cart shall remain without the notice described in Section 5.52.010 shall constitute a separate violation. (Code 1965, § 11C-61.)



5.52.040 - Administrative costs and fines.



Pursuant to Business and Professions Code Section 22435.7, any owner that fails to retrieve its abandoned cart(s) within three days of receiving actual notice from the city, shall pay the city's administrative costs for retrieving the cart(s) and providing the notification to the owner as may be established by resolution of the city council. Any owner who fails to retrieve abandoned carts in accordance with this chapter in excess of three times during a specified six-month period, shall be subject to a fifty-dollar fine for each occurrence. An occurrence includes all carts owned by the owner that are impounded by the city in a one-day period.



5.52.050 - Penalties for failing to submit a prevention plan or evaluation report or to implement prevention measures.



Any owner that fails to submit a prevention plan, implement the proposed plan measures, or implement any required modifications to the plan by the city within the time frames specified in this chapter shall be required to place disabling devices on all carts owned/leased/used by the business to prevent removal of carts from the business premises and parking lots. Any owner that fails to submit an evaluation report or prevention plan by January 1 of each year or fails to place a disabling device on all carts, if applicable, shall be subject to a one thousand-dollar civil penalty, plus an additional penalty of fifty dollars for each day of non-compliance.



5.52.060 - Notification for retrieval of abandoned shopping carts.



Pursuant to Business and Professions Code Section 22435.7, the city shall notify the owner of any abandoned carts owned or used by the business establishment that have been located within the City of Banning, if the city intends to impound the cart(s) pursuant to Section 22435.7. The owner shall have three days from the date the notification is given, to retrieve the carts from the city.



5.52.070 - Disposition of shopping carts after thirty days.



According to state law, any cart not reclaimed from the city within thirty days after notification to the owner shall be sold or otherwise disposed of by the city. Any cart that fails to have the identification required by state law or this chapter may be sold or otherwise immediately disposed of at the discretion of the city.



5.52.080 - Businesses without shopping carts.



A business which does not own, rent, lease, or otherwise possess its own carts, but which receives a benefit by the use of carts owned by other businesses, merchants, grocers, or other similar establishments, shall provide a location upon its premises for the storage of carts and shall immediately contact a cart retrieval service to retrieve any carts that are left on the premises. This section specifically applies to recycling centers.

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