Cart Ordinances

Alameda County, CA

Chapter 12.10 SHOPPING CARTS
12.10.040 Required signs on shopping carts.
Every owner shall affix to each shopping cart owned or provided by the owner a weatherproof, permanent sign that includes the following information:
A. Identification of the owner of the shopping cart or the business establishment to which it pertains, or both.
B. Notification that the unauthorized removal of the shopping cart from the premises of the business establishment, or the unauthorized possession of the shopping cart, is a violation of law.
C. Notification of the procedure for authorized removal of the shopping cart from the premises.
D. A working telephone number or address which can be used by the county or others to provide notice to the owner or owner's agent or to the business establishment identified on the cart that the cart has been located off the business premises or otherwise appears to be abandoned.
(Ord. 2003-57 (part))
12.10.050 Penalty for failure to affix required signs.
Any owner who maintains or permits the use of shopping carts in violation of the provisions of Section 12.10.040 shall be guilty of an infraction.
(Ord. 2003-57 (part))
12.10.060 Prohibiting removal or possession of shopping carts.
Any person in possession of a shopping cart outside the premises of a business establishment without the express prior written approval of its owner shall be guilty of a misdemeanor. Written permission to remove a shopping cart shall be valid for a period not to exceed seventy-two (72) consecutive hours beginning from the time the shopping cart is first removed from the business premises.
(Ord. 2003-57 (part))

12.10.070 Abandonment prohibited.
Any person who, having a shopping cart in his or her possession or custody, leaves or permits to be left any shopping cart upon any sidewalk, street, flood control channel or any other public property, or upon any private property, such that it becomes an abandoned shopping cart, shall be guilty of an misdemeanor.
(Ord. 2003-57 (part))
12.10.080 Mandatory plan.
A. Every owner shall prepare and submit to the director and implement a specific written plan to prevent the unauthorized removal of shopping carts from the owner's premises and to retrieve shopping carts that have been removed therefrom. Said plan may include the following elements and shall be subject to the hereinafter specified approval.
1. Notice to Customers. Written notice may be provided to customers and others that removal of shopping carts from the premises is prohibited and a violation of law. The notice may be provided in the form of flyers, warnings on shopping bags, or any other form of written notification that will provide effective notice of the prohibition.
2. Signs. Signs may be placed in appropriate places on the owner's premises near customer exits and near parking area exits to inform customers and others that shopping cart removal is prohibited and constitutes a violation of law.
3. Preventive Measures. Specific physical measures may be implemented to prevent the removal of shopping carts from the owner's 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 and others from removing shopping carts, installation of obstacles to prevent the removal of shopping carts, collection of security deposits for use of shopping carts, provision for rental or sale of shopping carts to customers and similar or like measures.
4. Retrieval Measures. Specific measures may be implemented to retrieve shopping carts that are removed from the owner's premises. Such measures may include, but are not limited to, employment of personnel or contractors to retrieve shopping carts.
B. Every plan submitted shall be subject to the director's reasonable approval. In the event the director determines that the submitted plan is inadequate, the director shall provide the owner written notice of the finding of inadequacy and notify the owner to submit in writing a revised plan to the director within thirty (30) days. If the owner disputes that finding, the director shall provide an opportunity to owner to respond to that finding. As part of that opportunity to respond, the director may require the owner to submit a written report detailing the measures used during the prior year to prevent removal of shopping carts from the owner's premises and measures used to retrieve the shopping carts. The owner may also be required to include, as part of the report, a detailed inventory of shopping carts owned or used by the owner, the number of shopping carts which were retrieved after removal from the owner's premises during the previous twelve (12) months, and the number of shopping carts which were replaced due to loss, theft or abandonment during the previous twelve (12) months.
C. Whenever an owner makes revisions to a plan, the revised plan shall be submitted in writing to the director for approval.
(Ord. 2003-57 (part))
NOTE: Alameda County includes the following cities:
* Alameda
* Albany
* Berkeley
* Dublin
* Emeryville
* Fremont
* Hayward
* Livermore
* Newark
* Oakland
* Piedmont
* Pleasanton
* San Leandro
* Union City
* Ashland
* Castro Valley
* Cherryland
* San Lorenzo
* Sunol

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