El Cajon, CA
CHAPTER 9.66 ABANDONED SHOPPING CARTS 9.66.030 Administration and Enforcement
The provisions of this chapter shall be administered and enforced by the community development department, public works department and police department of the city as noted below. In enforcing the provisions of this chapter, employees of the aforementioned departments may enter onto both public and private property to examine a shopping cart of parts thereof, or to obtain information as to the identity of a shopping cart owner, and to remove, or cause the removal of a shopping cart, or parts thereof, in conformance with state law, when found to be abandoned pursuant to this chapter.
9.66.040 General Regulations
A. All Shopping cart owners shall effectively manage the control of their shopping carts so that they do not become a public nuisance.
B. Upon request by the director, shopping cart owners shall submit a plan to the director for review outlining how the owner is and/or proposes to manage shopping carts so that they are not a public nuisance. Information requested may include a description of the management control system, a monthly shopping cart inventory, monthly loss and recovery data specific to that business location, and such other information deemed reasonable by the director to determine the adequacy of the shopping cart containment system or control method.
C. In the event the director determines that the shopping cart management system being used by a shopping cart owner is creating a public nuisance, and therefore not effective for that store premise, the director may require a shopping cart owner to utilize an alternate, more effective shopping cart management system. Options that may be considered include, but are not limited to: (1) a shopping cart wheel lock system; (2) posting a guard in the parking lot to stop the removal of shopping carts during business hours; (3) requiring an employee to accompany and immediately retrieve every shopping cart that is removed from a store upon placement of purchases into a customer’s vehicle; (4) establishment of an effective off-site shopping cart retrieval system; (5) requiring shopping carts to be secured during non-business hours, and any combination thereof. Approval of an alternate system does not relieve the shopping cart owner of the responsibility to effectively manage the control of their shopping carts so that they are not a public nuisance. Any decision of the director may be appealed to the city council.
D. All shopping cart owners shall post a multilingual sign not less than eighteen (18) inches in width and twenty-four (24) inches in height with block lettering not less than one-half (1/2) inch in width and two (2) inches in height in a conspicuous place on the building within two (2) feet of all customer entrances and exits stating, at a minimum, the following:
REMOVAL OF SHOPPING CARTS FROM THE PREMISES IS PROHIBITED BY LAW. B & P Code Section 22435.2
9.66.050 Unauthorized Removal or Possession
Procedures related to the unauthorized removal and possession of any shopping cart pursuant to Business and Professions Code, Sections 22435.2—22435.5 shall be administered by the police department, if deemed warranted by the city manager. (Ord. 4971 § 1, 2011.)
9.66.060 Abandoned Shopping Carts - Abatement, Removal, and Storage
A. Procedures related to the abatement, removal, and storage of abandoned shopping carts pursuant to Business and Professions Code, Section 22435.7 shall be administered by the public works department, if deemed warranted by the city manager.
B. The 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. The public works director shall review the fees charged for such service at least once annually, and may, with the approval of the city manager, recommend changes to the council when the costs for such services make it appropriate. (Ord. 4971 § 1, 2011.)
9.66.070 Shopping Cart Violations - Misdemeanor
Notwithstanding the provisions of Chapter 1.24 of this code, whenever in this chapter any act is prohibited or declared unlawful or the doing of any act is required, or the failure to do any act is declared to be unlawful, it shall be a misdemeanor for each incident and/or each day of failure to comply. (Ord. 4971 § 1, 2011.)
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