Cart Ordinances

Desert Hot Springs, CA

Desert Hot Springs, CA
Chapter 95.61 – Definitions
For purposes of this chapter only, and unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section are defined as follows:



“Business premises” means the interior of a cart owner’s commercial establishment, adjacent walkways, any loading area, and the parking area, as defined herein.



“Cart identification sign” means a sign or engraved surface which is permanently affixed to a shopping cart containing all of the information specified in Section 95.65(C) of this chapter.
“Cart owner” means the owner or operator of a commercial establishment which provides carts for use by its customers for the purpose of transporting goods of any kind.



“Cart removal warning” means a placard, sign or painted text which meets the requirements of Section 95.65(A) of this chapter.
“Derelict cart” means any shopping or laundry cart remaining unattended and/or deserted on public or private property under such circumstances as would lead a reasonable person to conclude that the cart was no longer under the control or supervision of its owner or lawful possessor.
“Enforcement officer” means any officer or employee of the city designated with the authority to enforce the applicable provisions of the Desert Hot Springs Municipal Code.




“Enforcement agency” means the city department in which the enforcement officer is employed.
“Individual cart identification number” means a number unique to each cart owned or provided by a cart owner.
“Laundry cart” means a basket which is mounted on wheels and used in a coin-operated laundry or dry cleaning establishment by a customer or an attendant of the establishment for the purpose of transporting fabrics and the supplies necessary to process them.
“Nuisance" cart means any shopping or laundry cart that constitutes a public nuisance under this article.
“On-site cart containment program” means one or more of the following measures:




1. Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts.




2. An on-site security guard to deter customers who attempt to remove carts from the business premises.




3. Bollards and chains around the business premises to prevent cart removal, if permitted by the fire marshal.




4. Obtaining a security deposit from customers for the on-site use of shopping carts.




5. The rental or sale of utility carts that can be temporarily or permanently used for the transport of goods.




6. Any other measure approved by the City Manager or his or her designee as a means to contain carts on premises.




“Parking area” means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.
“Physical containment system” means one of the following, as approved by the City Manager or his or her designee:




1. Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts.




2. Any other system of equipment approved by the City Manager or his or her designeewhich physically contains shopping carts on premises.




“Qualified cart retrieval service” means a commercial service, operated by a third party and paid by a cart owner to retrieve and return shopping carts. The City Manager or his or her designeeshall develop minimal service standards by which a cart retrieval service may be designated as a qualified cart retrieval service and maintain a list of all such services.




“Shopping cart” means a basket which is mounted on wheels or a similar device provided by the operator of a commercial establishment for the use of customers for the purpose of transporting goods of any kind. (Bus. & Prof. Code, § 22435.10) A cart sold by a commercial establishment to a retail customer for that customer’s personal use is not a shopping cart for the purposes of this chapter. Ord. 94-7, adopted 10-18-94; Am. Ord. 1998-03, adopted 11-17-98)
Section 3. Chapters 95.65 (“Identification of carts--Notice") of the City of Desert Hot Springs Municipal Code is amended to read in its entirety as follows:
A. Every cart owner shall post and maintain cart removal warnings which meet all of the following minimum specifications:




1. Meet or exceed eighteen (18) inches in width and twenty-four (24) inches in height.




2. Using block lettering not less than one-half inch in width and two inches in height, contain a statement in two or more languages to the effect that unauthorized removal of a shopping cart from the business premises, or possession of a shopping cart in a location other than on the business premises, is a violation of state law and city ordinance.




3. List a local or toll-free telephone number for cart retrieval.




4. Be affixed to an interior wall of the building or otherwise permanently and prominently displayed within two feet of all customer entrances and exits.




B. Cart removal warnings on the exterior of the building are not considered “signs” for the purpose of calculating any maximum allowable signage in City.
C. Each shopping cart owned or used within the City shall have, permanently affixed and easily visible, a cart identification sign or engraved surface which includes all of the following information: the name of the cart owner, the telephone number of the cart owner and/or commercial establishment to which the cart belongs, the individual cart identification number, a valid toll-free phone number for cart retrieval, the procedure (if any) to be followed to obtain permission to remove the cart from the business premises, and a notice to the public that unauthorized removal of the cart from the business premises is a violation of state law and City ordinance.
D. It shall be the responsibility of each cart owner to comply with subsections A and C of this section, and to continuously maintain, or cause to be maintained, the cart identification sign so that all of the required information is accurate and clearly legible.
Section 4. Chapters 95.66 (“Nuisance cart abatement by the City) of the City of Desert Hot Springs Municipal Code is amended to read in its entirety as follows:
Chapter 95.66 – Nuisance cart abatement by the City
A. Purpose.
The purposes of this Chapter are:
a. To reduce neighborhood nuisance and blight caused by abandoned shopping carts in the public rights-of way;
b. To protect public health and public safety;
c. To encourage shopping cart owners to contain their carts on their respective business; and
d. To balance the rights and interests of those engaged in commercial activities requiring shopping carts with the rights and interests of those who do not want to be disturbed by such activities on private and public property;
B. Cart containment system—Required.
1. Every cart owner shall operate and maintain an on-site cart containment program.
2. Each cart owner must contain all shopping carts on the business premises at all times.




3. Any instance in which a shopping cart owned or provided by a cart owner is found off of the business premises shall be considered a violation by the cart owner of subsection 2 of this section.




a. For each violation of subsection 2 of this section, a civil fine pursuant to Title VIII ("Code Enforcement"), Chapter 86.07 ("Infraction Penalties") of City's Municipal Code shall be assessed by means of an administrative citation issued by an enforcement officer and shall be payable directly to the City as follows:




b. Fines shall be assessed for up to one hundred dollars ($100.00) for a first violation; up to two hundred dollars ($200.00) for a second violation of this Code section within a 12 month period commencing upon the date of the first violation; and up to five hundred dollars ($500) for a third violation within a 12 month period commencing upon the date of the first violation. For purposes of this section, a violation includes all of a cart owner's shopping carts found off of the business premises in a one-day, 24 hour period. (See Title VIII, Chap. 86.07 ("infraction penalties") of City Munic. Code Ord. 1998-03, adopted 11-17-98)




4. Following the issuance of more than ten (10) subsection 2 of this section administrative citations to the same cart owner within a thirty (30) day period, in addition to the administrative penalty set forth in this chapter, subsequent violations by that cart owner shall be referred by the enforcement agency for criminal prosecution.
C. Employee training—Cart removal prevention.
Each cart owner shall conduct ongoing employee training to educate new and existing employees about procedures to prevent cart removal, including the operation of the cart containment system.
D. Cart removal from business premises—Written permission required.
No person shall be deemed to be authorized to remove a cart unless he or she possesses written authorization from the cart owner. This section shall not apply the possession of a shopping cart removed from the business premises at the direction of the cart owner for the purposes of repair or maintenance.
E. Physical containment system.
A cart owner will be required to install a physical containment system to the satisfaction of the City Manager or his or her designee and the city prosecutor within ninety (90) days of the effective date of this ordinance; except that cart owners will not be subject to administrative citations as provided for herein for one hundred eighty (180) days of the effective date of this ordinance.




F. Retrieval
All shopping cart owners shall secure and continuously maintain a qualified cart retrieval service to retrieve shopping carts which have been removed from their premises, and provide evidence thereof, to the City Manager or his or her designee upon request.
G. Regulatory fee authorized.
A regulatory fee shall be established to enforce this regulation and to fairly apportion the cost of mitigating the negative effects of off-site shopping carts. A business which installs a physical containment system to the satisfaction of the director of planning and building, or which does not provide any shopping carts to its customers, shall be exempted from this fee.
An administrative citation subject to this chapter shall be issued on a form approved by the City Manager or his or her designee, and may be served upon by mail to any cart owner by an enforcement officer in the following manner:




1. The administrative citation or duplicate thereof shall be mailed to the cart owner(s); and




2. A proof of service of the notice shall be made by declaration of the enforcement officer effecting the service.

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