Cart Ordinances

Morgan Hill, CA

Morgan Hill, CA
CHAPTER 8.46: SHOPPING CART REGULATIONS
Section 8.46.020: Cart identification required.
a) Every person who, in connection with the conduct of a business including but not limited to a food dispensing business, owns or makes any cart available to the public, shall mark and identify such carts with signs which are permanently affixed to the cart. The sign shall state the following information in a typeface which is easily readable and in at least fourteen point type: identification of the owner of the cart or the retailer, or both; notification of the procedure to be utilized for authorized removal of the cart from the premises; notification that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law and the municipal code of the city of Morgan Hill; and listing of a valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer.
(Ord. 1411 N.S. § 1 (part), 1998)
Section 8.46.030: Sign posting by retailer.
a) There shall be posted by the owner of any retail establishment furnishing a parking area and shopping carts or laundry carts for its customers, prominently and conspicuously at all entrances to the retail establishment, a notice in substantially the following form:
1) “REMOVAL OF SHOPPING CARTS (OR LAUNDRY CARTS) FROM THESE PREMISES IS PROHIBITED BY LAW (CMC SECTION 8.46.0400) AND WILL SUBJECT THE VIOLATOR TO A MINIMUM FINE OF $100.00.”
(Ord. 1411 N.S. § 1 (part), 1998)
Section 8.46.040: Unlawful activities.
a) It is unlawful to do any of the following acts, if a shopping cart or laundry cart has a permanently affixed sign as provided in Section 8.46.020:
1) Remove a shopping cart or laundry cart from the premises or parking area of a retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;
2) Be in possession of any shopping cart or laundry cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;
3) Be in possession of any shopping cart or laundry cart with serial numbers removed, obliterated or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;
4) Leave or abandon a shopping cart or laundry 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;
5) Alter, convert, or tamper with a shopping cart or laundry 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;
6) Be in possession of any shopping cart or laundry cart while that cart is not located on the premises or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
b) This section shall not apply to the owner of a shopping cart or laundry cart or to a retailer, or to their agents or employees, or to a customer of a retail establishment who has written consent from the owner of a shopping cart or laundry cart or a retailer to be in possession of the shopping cart or laundry cart or to remove the shopping cart or laundry cart from the premises or the parking area of the retail establishment, or to do any of the acts specified in subsections (A) through (F) of this section.
(Ord. 1411 N.S. § 1 (part), 1998)
Section 8.46.050: Penalties.
a) Any person who violates any of the provisions of this chapter is guilty of a infraction pursuant to Section 1.24.010 of the municipal code of the city of Morgan Hill, and of California Business and Professions Code Sections 22435-22435.7. The provisions of this chapter are not intended to preclude the application of any other laws relating to prosecution for theft.
(Ord. 1411 N.S. § 1 (part), 1998)
Section 8.46.060: Retrieval of carts by city.
a) Retrieval of carts by the city of Morgan Hill or its agents shall be governed by the following provisions:
1) A shopping cart that has a sign affixed to it in accordance with Section 8.46.020 may be impounded by the city if:
I) The shopping cart is located outside the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multi store complex or shopping center shall include the entire parking area used by the complex or center; and
II) The shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the city of the shopping cart’s discovery and location.
2) Effective January 1, 1999, the city may immediately impound a cart without providing the three-day notice specified in subsection (A) of this section to the owner or his or her agent if the owner or his or her agent is provided actual notice within twenty-four hours following the impound and that notice informs the owner, or his or her agent, as to the location where the shopping cart may be claimed. If the cart is retrieved by the owner or his or her agent within three business days following the date of such actual notice, no fine or storage fee shall be assessed, nor shall such impoundment constitute an “occurrence,” pursuant to subsection (F) of this section. Carts not retrieved within the three-day period will begin to accrue fines and fees, and to constitute an “occurrence” pursuant to subsection (F) of this section, starting on the fourth day of impoundment. Any cart not retrieved within thirty days following the date of such actual notice shall be disposed of in accordance with subsection (G) of this section.
3) In instances where the location of a shopping cart will impede emergency services, the city may immediately retrieve the shopping cart from public or private property.
4) If a shopping cart is impounded pursuant to subsections (A) or (C) of this section, the city may recover its actual costs for providing this service. If a shopping cart is impounded pursuant to subsection (B) of this section, the city may recover its actual costs for providing this service commencing with the fourth day of actual notice.
5) Any shopping cart impounded by the city shall be held at a reasonable location.
6) The city may fine the owner of a shopping cart in an amount not to exceed fifty dollars for each occurrence in excess of three occurrences during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one-day period.
7) Any shopping cart not reclaimed from the city within thirty days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the city.
8) This section shall not invalidate any contract entered into prior to June 30, 1996, between a city, county, or city and county and a person or business entity for the purpose of retrieving or impounding shopping carts.
(Ord. 1411 N.S. § 1 (part), 1998)

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