Chapter 9.12 Offenses Against Property
9.12.080 Unauthorized use of shopping carts prohibited.
Removal. No person shall remove any commercially-owned shopping cart, shopping basket or other similar device from the premises of any business establishment within the City.
Abandonment. No person shall abandon or leave any commercially-owned shopping cart, shopping basket or other similar device which has been removed from the premises of any business establishment upon any public street, alley, sidewalk, parkway or other public place within the City, nor upon any private property within the City except that of the owner of such cart, basket or device. If necessary, the City may impound a shopping cart that is located outside the business premises in accordance with California Business and Professions Code section 22435.8. Any fees for such removal will be set established by resolution of the City Council.
Possession. No person shall have in his or her possession within the City any commercial shopping cart, shopping basket or other similar device. Persons that violate this section may be subject to a fine as established by resolution of the City Council.
Shopping Cart Containment Plan. The City may require shopping cart owners engaging in business in the City as of the effective date of this chapter to implement a shopping cart containment plan. Such containment plan shall be at the discretion of the City Manager and include, at a minimum, public signage and a shopping cart prevention and retrieval program. All plans shall be subject to the approval of the City Manager.
Definitions. For purposes of this section, the following words and terms have the following meanings:
"Business establishment" means any business which offers or provides shopping carts for the use of the customers of such business, regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, or is a private club or business, or is a membership store.
"Commercial Shopping Cart" means a basket which is mounted on wheels or a similar device that is generally used in a business establishment for the purpose of transporting goods of any kind. "Commercial shopping cart" does not include personal folding carts or other similar devices that are purchased for personal use.
"Commercially-owned Shopping Cart" means a basket which is mounted on wheels or a similar device that is owned by a business establishment and is generally used by a customer in the business establishment for the purpose of transporting goods of any kind.
"Premises" means any building, property or other area upon which any business establishment is conducted or operated, including the parking area provided for customers of such business establishment.
(Prior code § 4168)
(Ord. No. 934, § 1, 12-10-13)
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