Cart Ordinances

Livermore, CA

Livermore, CA
CHAPTER 8.18: SHOPPING CARTS
Section 8.18.020: Applicability.



a) This chapter applies to:



1) Each business owner in the city if the business provides 25 or more shopping carts for customer use at any one business location; and



2) Any person in possession of an off-site shopping cart.



(Ord. 1678 § 1, 2002)





Section 8.18.040: Prohibitions.



a) It is unlawful and a violation of this chapter for a business owner who provides 25 or more shopping carts to:



1) Fail to affix an identifying sign to each shopping cart;



2) Fail to submit a shopping cart plan in conformance with LMC 8.18.080;



3) Fail to comply with an approved shopping cart plan; or



4) Allow a shopping cart to be removed from the business premises.



(Ord. 1678 § 1, 2002)





Section 8.18.050: Shopping cart identification signs.



a) The owner of a business providing 25 or more shopping carts shall have a sign permanently affixed to each cart. A business owner providing fewer than 25 shopping carts may affix a sign to each cart. The sign shall include all of the following information:



1) The identity of the owner or business, or both;



2) A valid telephone number and address for returning the shopping cart;



3) Notice to the public that the unauthorized removal of the cart from the premises of the business establishment, or the unauthorized possession of the shopping cart, is a violation of state laws and a violation of city ordinance;



4) Notification of the procedure for authorized removal of the shopping cart from the premises. (Ord. 1678 § 1, 2002)





Section 8.18.060 Unauthorized removal or possession of a shopping cart.



a) It is unlawful for any person to do any of the following, if a shopping cart has a permanently affixed sign pursuant to LMC 8.18.050:



1) To remove a shopping cart from the premises or parking area of a business establishment with the intent to temporarily or permanently deprive the owner of its possession.



2) 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.



3) 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.



4) To be in possession of any shopping cart while that cart is not located on the premises or parking lot of a business establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.



(Ord. 1678 § 1, 2002)





Section 8.18.070: Exception.



a) A violation of this chapter shall not apply to carts that are removed for the purposes of repair or maintenance with written consent of the business owner.



(Ord. 1678 § 1, 2002)





Section 8.18.080: Mandatory plan to prevent cart removal.



a) Every owner of a business providing 25 or more carts shall submit to the neighborhood preservation manager, obtain approval from him or her, and effectively implement a shopping cart plan in accordance with this section. Such plan shall include all the following elements:



1) Identifying Information. Name, address and telephone number of the business, and the name and telephone number of the on-site manager or designated agent.



2) Required Information. The number of on-site shopping carts, and the requirements for sign identification on carts.



b) Public Notices.



1) A description of a customer education process by which the owner will inform customers that the removal or off-site possession of carts is a violation of state laws and this chapter. This information may include business signs posted in prominent places, flyers, warnings on shopping bags, direct mail, in-store announcements, or any other form of written notification demonstrated to be effective.



c) Required Signs On Property. Signs shall be placed in pertinent places on the business premises that warn customers that cart removal is prohibited and constitutes a violation of state and city law.



d) Employee Training. A description of on-going employee-training program to educate existing and new employees about the shopping cart plan.



e) Loss Prevention Measures. A description of the measures that the owner will implement to prevent the removal of shopping carts from the premises. These measures may include, but are not limited to, devices on shopping carts that automatically disable them if they are removed from the premises, employment of personnel to advise and deter customers from removing shopping carts, installation of obstacles to prevent the removal of shopping carts, collection of security deposits for use of all carts, or the rental or sale of utility carts that can be temporarily or permanently used to transport purchases.



f) Retrieval Measures. Specific measures to retrieve shopping carts that are removed from the owner’s premises on a weekly basis and within 72 hours of notice from the city under LMC 8.18.140. Such measures may include, but are not limited to, employment of personnel or contractors to retrieve shopping carts. The neighborhood preservation manager may require retrieval on a more frequent time schedule.



(Ord. 1678 § 1, 2002)





Section 8.18.090: Prevention plan timeline and approval process.



a) A proposed plan for preventing shopping cart removal and/or an evaluation report shall be submitted to the neighborhood preservation manager for approval within 60 days after the adoption of the ordinance codified in this chapter. Any establishments that open after the adoption of the ordinance codified in this chapter will have 30 days from the filing date on their city business license application to submit a shopping cart removal prevention plan to the neighborhood preservation division for approval. Every plan submitted shall be subject to the neighborhood preservation manager’s approval.



b) If a plan is rejected as incomplete or inadequate, or if additional information is needed, the city shall notify the owner in writing. The owner has 30 days to submit the additional information or a complete or adequate plan.



c) The city may reject or deny a plan on any of the following grounds:



1) The plan fails to include the information required under this section or fails to adequately address the required elements.



2) The plan is insufficient, in the administrator’s opinion, to prevent removal of carts.



3) Implementation of the plan violates this chapter, or state or federal law.



4) The owner knowingly makes a false statement or omits relevant facts in the plan, or in any amendment or attachment or report.



(Ord. 1678 § 1, 2002)





Section 8.18.140: Notification for retrieval of abandoned carts.



a) Pursuant to Business and Professions Code Section 22435.7, the city shall notify the owner as identified on the signage information permanently affixed to the cart of any abandoned carts owned or used by the business establishment that have been located within the city of Livermore within 24 hours of impoundment. The city notification shall be documented and provided by telephone to the designated person listed on the theft prevention plan and followed up by written notice.



b) The owner shall have three business days from the date the notification is given to retrieve carts from the city. The notice will inform the owner of the location where the shopping cart may be claimed. (Ord. 1678 § 1, 2002)


Section 8.18.150: Authority to store



a) The shopping cart shall be stored by the city at a location that is reasonably convenient to the owner of the shopping cart and is open for business at least six hours of each day, Monday through Friday. However, the city shall not be liable by any party for any damage to a stored shopping cart. (Ord. 1678 § 1, 2002)


Section 8.18.160: Administrative costs and fines.



a) Pursuant to Business and Professions Code Section 22435.7, any owner that fails to retrieve its abandoned cart(s) within three business days after receiving notice from the city shall pay the city’s administrative costs for retrieving the cart(s) and providing the notification to the owner. The abandonment of any such shopping cart so retrieved within the three-day period shall not be deemed an occurrence for purposes of prosecution or imposition of administrative costs and fines which otherwise would be applicable. 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 $50.00 fine for each occurrence. An occurrence includes all carts owned by the owner that are impounded by the city in a one-day period. (Ord. 1678 § 1, 2002)





Section 8.18.170: Disposal of abandoned shopping carts.



a) Pursuant to state law, any cart not reclaimed from the city within 30 days after notification to the owner shall be sold or otherwise disposed of by the city. (Ord. 1678 § 1, 2002)

‹ Back to all Ordinances

Cart
Retention

Pushout
Prevention

Cart
Management

Cart-Based
Data Analytics

Would you like to learn more about Gatekeeper Systems?

Click Here to learn more