Daly City, CA
Chapter 8.58 Shopping Cart Regulations
8.58.030 Required Signs on Shopping Carts
In accordance with California Business and Professions Code section 22435.1, every shopping cart owned or provided for the use of customers by any business in the City must have a sign permanently affixed to it that contains the following information:
· The name of the owner of the shopping cart or the name of the business establishment where the shopping cart is in lawful use, or both;
· Notification to the public of the procedure to be used for authorized removal of the shopping cart from the premises;
· Notification to the public that the unauthorized removal of the shopping cart from the premises or the unauthorized possession of the shopping cart off premises is a violation of state and city laws;
· A telephone number to contact to report the location of an abandoned shopping cart; or an address where the shopping cart can be returned to the business establishment.
8.58.040 Mandatory Signage on Premises
Every business that owns or provides carts for the use of its customers within the City of Daly City shall post conspicuous signs at or near each entrance to its parking lot and the public entrance doors to its store notifying its customers that removal of carts from the premises is prohibited without written authorization.
8.58.050 Securing Shopping Carts
Every business that owns or provides shopping carts for the use of its customers shall ensure that all carts on its premises are secured in such a manner that a member of the public may not remove any carts form the premises during the hours that the business is closed.
8.58.060 Removal or Possession of Abandoned Shopping Carts Prohibited
· It shall be unlawful to either temporarily or permanently remove a shopping cart from the premises of a business establishment without the express prior written approval of the storeowner.
· It shall be unlawful to be in possession of a shopping cart that has been removed from the premises of a business establishment unless it is in the process of being immediately returned to the business establishment.
· It shall be unlawful to leave or abandon a shopping cart at a location other than the premises of the business establishment that owns the subject cart with the intent to temporarily or permanently deprive the storeowner of possessions of the shopping cart.
8.58.070 Authority to Impound
· Pursuant to California Business and Professions Code Section 22435.7, the City may impound any abandoned shopping cart when the shopping cart has a sign affixed as required by DCMC 8.58.030. The requirements for the notice, impoundment and recovery of the shopping cart shall be governed by California Business and Professions Code sections 22435 through 22435.7, as set forth in DCMC 8.58.080.
· Notwithstanding Section 8.45.080(d), the City may retrieve and immediately dispose of any abandoned shopping carts that lack the signs required by DCMC 8.58.030.
8.58.110 Shopping Cart Removal Prevention Plan
Every storeowner providing shopping carts to its customers shall develop and implement a specific written plan to prevent customers from removing shopping carts from the premises. The plan must include the following elements:
· Notice to Customers- Written notification shall be provided to customers that removal of shopping carts from the premises is prohibited and a violation of state law and the City of Daly City Municipal Code. This notice may be provided in the form of flyers, warnings on shopping bags and shopping carts, or any other form of written notification that will effectively notify customers of the law.
· Signs- Signs shall be placed in appropriate places near door exits and near parking lots exits warning customers that shopping cart removal is prohibited and constitutes a violation of state law and the City of Daly City Municipal Code.
· Physical Measures- Specific physical measures shall be implemented by storeowners to prevent shopping cart removal from the premises. Examples of physical measures that may be implemented are: installing disabling devices on all shopping carts; posting of a security guard to prevent customers from removing shopping carts from the premises; security deposits required for use of all shopping carts; the rental or sale of shopping carts that can be temporarily or permanently used for transport of purchases, or any combination of the above as necessary to effectively prevent shopping cart removal from the premises.
8.58.140 Penalties for Failing to Submit a Shopping Cart Removal Prevention Plan- Failure to Implement Prevention Measures
In addition to the civil penalties set forth in this chapter, any storeowner who fails to submit a plan, implement the proposed plan, implement any required modifications to the plan as required by the city or submit annual plan evaluations within the time frames specified in this chapter shall be required to place disabling devices on all shopping carts owned, leased or used by the business establishment to prevent removal of shopping carts from the premises. Any such storeowner who fails to place a disabling device on all shopping carts shall be subject to a one thousand ($1,000) civil penalty, plus an additional penalty of fifty dollars ($50) for each day of noncompliance.
Would you like to learn more about Gatekeeper Systems?Click Here to learn more›