Note: Prior ordinance history: Ord. 1172.
This Chapter is adopted pursuant to Business and Professions
Code Section 22435.8 and the City's police powers for the purpose
of regulating and prohibiting the removal of shopping carts from the
premises of retail establishments. Abandoned shopping carts are a
public nuisance because they constitute an eyesore; interfere with
pedestrian and vehicle traffic; and contribute to blight. Accordingly,
they detrimentally affect public health, safety and welfare.
(Ord. 1409 § 2, 10/11/21)
Unless the contrary is stated or clearly appears from the context,
the following definitions govern the construction of the words and
phrases used in this Chapter:
means a shopping cart which is either: (1) removed from the
premises by any person without the written permission or consent of
the owner; or (2) a shopping cart left unattended, discarded or abandoned
upon any public or private property other than the premises from which
the shopping cart was removed, regardless of whether such shopping
cart was removed from the premises with the permission of the owner.
For purposes of this Chapter, shopping carts located on any public
or private property other than the premises of the retail establishment
from which such shopping cart was removed is presumed abandoned, even
if in the possession of any person, unless the person possessing the
shopping cart is: (1) the owner, or an employee or authorized agent
of the owner, entitled to possession of such shopping cart; (2) is
an officer, employee or agent of a cart retrieval service hired by
the owner to retrieve such carts; (3) is enforcing this Chapter upon
the Director's authority; or (4) has written permission to possess
such shopping cart from the owner entitled to possession of such shopping
cart
means the City Manager, or designee.
means a basket mounted on wheels and used in a coin-operated
laundry or drycleaning retail establishment by customers or attendants
for the purpose of transporting fabrics and the supplies necessary
to process them.
means the person owning, or exercising possession and control
over, shopping carts for the use of the owner's customers in connection
with the management and operation of the owner's business enterprise.
"Owner" includes, without limitation, officer, employees, and agents
of an owner.
means the entire area owned and utilized by a retail establishment
that provides shopping carts for use by customers, including any parking
lot or other off-street area provided by or for an owner for use by
a customer for parking an automobile or other vehicle.
include, without limitation, portions of private property
that are outdoor common outdoor areas of any building, business premises,
apartment building or complex, or other premises or portion thereof
which is adjacent to public property, open to the public, and which
contains a shopping cart or shopping carts visible at street or ground
level from the adjacent public property.
means any business located in the City of Bellflower 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.
means a basket mounted on wheels or a similar device generally
used in a retail establishment by a customer for the purpose of transporting
goods of any kind, including a laundry cart.
(Ord. 1409 § 2, 10/11/21)
This Chapter does not apply to:
A.
Shopping
carts removed from an owner's premises for purposes of repair or maintenance
that are in the possession or custody of the party to whom they have
been released;
B.
Shopping
carts located on private property owned or occupied by the person
who has been granted written permission by the shopping cart owner
to possess the shopping cart for not more than 72 consecutive hours
when the shopping cart is not visible at street or ground level from
the public property adjacent to such private property.
(Ord. 1409 § 2, 10/11/21)
The Director is authorized to administer this Chapter which
includes, without limitation, the ability to promulgate administrative
policies and procedures to implement and enforce this Chapter.
(Ord. 1409 § 2, 10/11/21)
Every owner must permanently affix to each shopping cart owned
or provided by the owner a sign that includes the following information:
A.
Identification
of the owner of the shopping cart or the retail establishment to which
it pertains, or both.
B.
Notification
that the unauthorized removal of the shopping cart from the premises
of the retail 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 telephone
number or address for returning the shopping cart to its owner or
to the retail establishment identified thereon. Although not required,
the City urges owners to place current telephone numbers on each sign
for effective implementation of this Chapter.
E.
In addition
to signs on the shopping carts, owners must also provide written notice
to customers that removal of shopping carts from the premises is prohibited
by State law. Such notice may be provided in the form of flyers distributed
on the premises, warnings printed on shopping bags, direct mail, internet
website notices or any other means demonstrated to be effective. Conspicuous
signs must be placed and maintained on the premises near all customer
entrances and exits, in the cart confinement area as designated in
the cart containment plan, and throughout the premises warning customers
that removal of shopping carts from the premises is prohibited.
F.
Every
sign and notice required by this section must be written in English
and Spanish.
G.
Violation
of this section constitutes an infraction.
(Ord. 1409 § 2, 10/11/21)
All shopping carts furnished to customers by retail establishments
must be:
A.
A uniform
color or "corporate color" to easily identify the retail establishment.
B.
Maintained
as originally designed with plastic bar grips securely attached and/or
plastic seats securely attached and not have missing parts.
C.
Maintained
free of rust, excessive damage, protruding metal or sharp ends.
D.
Identified
with only one retail establishment listed on the cart.
(Ord. 1409 § 2, 10/11/21)
It is unlawful to possess a shopping cart off the premises of
a retail establishment without the express prior written approval
of its owner, unless the person is in the process of immediately returning
the shopping cart to the owner. Written permission to remove a shopping
cart is valid for not more than 72 consecutive hours.
(Ord. 1409 § 2, 10/11/21)
It is unlawful for any person to leave, or cause to be left,
a shopping cart that was in his or her possession or custody on any
public property area or upon public or private property such that
it becomes an abandoned shopping cart.
(Ord. 1409 § 2, 10/11/21)
A.
Every
owner must prepare, implement, and submit a specific written plan
to prevent customers from removing shopping carts from the owner's
premises and to retrieve shopping carts that were removed from the
premises. Owners with existing retail establishments that do not have
a plan meeting the requirements of this Chapter must prepare, implement,
and submit a written plan by March 31, 2022; owners with approved
plans meeting the requirements of this Chapter need not submit a new
plan.
B.
Every
plan submitted pursuant to this section must be accompanied with a
processing fee established by City Council resolution.
C.
New
owners, new retail establishments, and existing retail establishments
that relocate must all meet the requirements of this Chapter.
D.
Plans
must include the following elements and are subject to the specified
approvals below:
1.
Notification.
The means by which the requirements for signs and notifications in
this Chapter will be met.
2.
Physical
Measures. Specific physical measures implemented and maintained by
the owner to prevent, deter or impede the removal of shopping carts
from the premises. Such physical measures must be specifically identified
and may include, without limitation, the following: disabling devices
installed and maintained on carts; maintaining one or more security
guards assigned the responsibility to deter or stop customers from
removing shopping carts from the premises; preventing any shopping
carts to be taken outside the confines of building exits unless accompanied
by an employee of the business; bollards and chains in locations between
the business exits and the parking area which effectively prevent
transporting shopping carts into the parking area or off the premises;
requiring security deposits by customers for cart use; or rental or
sale of carts to customers.
3.
Daily
Cart Confinement. All shopping carts located on the premises of the
retail establishment (other than an establishment open for business
24 hours per day) must be collected at the end of each business day
by employees or contractors of the retail establishment and be collectively
confined in a secure manner at a cart confinement area on the premises
as designated in the cart containment plan until the commencement
of the next business day. All shopping carts located on the premises
of any retail establishment open for business 24 hours per day, other
than carts then currently in use by a customer, must be collected
by employees of the retail establishment and returned to the cart
confinement area on the premises as designated in the cart containment
plan at least twice per calendar day between the hours of 12:00 p.m.
and 12:00 a.m. on each day the retail establishment is open for business.
This section does not apply to shopping carts located within an enclosed
building.
4.
Retrieval.
A retrieval plan as described by this Chapter.
5.
Employee
Training. The owner of the retail establishment must implement and
maintain a periodic training program for its new and existing employees
designed to educate such employees concerning the requirements of
the plan and the applicable law prohibiting the unauthorized removal
of shopping carts from the premises of the retail establishment. The
cart containment plan must expressly describe the employee training
program.
6.
Collaboration
with Other Businesses. Two or more retail establishments located within
the same shopping center or retail center or sharing common parking
area may collaborate and submit a single plan.
E.
Exemptions.
This section does not apply to any retail establishment which provides
a total of five or less shopping carts for use by its customers.
F.
Every
plan submitted is subject for the Director's reasonable approval.
In the event a plan demonstrates problems for implementation or is
otherwise flawed, the Director will notify the owner to submit a revised
plan to the Director within 30 days. The City Manager may also require
an evaluation report detailing the measures used during the prior
year to prevent shopping carts from being removed from the owner's
premises and measures used to retrieve the shopping carts. The report
may also include an 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 12 months, and the number
of shopping carts replaced due to loss, theft or abandonment during
the previous 12 months.
G.
Whenever
an owner makes revisions to a plan, the revised plan must be submitted
to the Director for approval.
(Ord. 1409 § 2, 10/11/21)
A.
Except
as otherwise provided, every owner of a retail establishment must
develop, implement and comply with the provisions of a written plan
to retrieve lost, stolen or abandoned shopping carts. At a minimum,
the retrieval plan must include the following:
1.
Retrieval
Personnel. The owner must retain independent contractors to provide
shopping cart retrieval services. The cart retrieval plan must include
a copy of each contract with a cart retrieval service (other than
confidential financial information which may be redacted from the
contract). Persons retained for shopping cart retrieval services must
carry written authorization from the owner to be presented upon request
by the Director. Vehicles used by retrieval services must bear conspicuous
signs identifying the name of the cart retrieval service.
2.
Prompt
Retrieval of Carts. The retrieval services retained by an owner must
ensure that all public streets within at least a two-mile radius of
a retail establishment premises are patrolled not less than every
six hours. Each abandoned shopping cart that is found must be immediately
retrieved. The cart retrieval plan must identify all streets that
will be patrolled; the manner, frequency and times of such patrols;
and means of retrieving abandoned shopping carts. The cart retrieval
plan must identify the number of trucks, hours of operation of the
retrieval service, and such other information as reasonably required
by the City to ensure that the owner is devoting sufficient resources
to shopping cart retrieval operations to comply with the provisions
of this section.
3.
Monthly
Reports. The owner must provide, or cause to be provided by each cart
retrieval service under contract with the owner, on or before the
10th day of each month, a written report to the Director specifying
the number of abandoned shopping carts retrieved by the retrieval
personnel during the preceding calendar month period.
4.
Daily
Cart Confinement. All shopping carts located on the premises of the
retail establishment (other than an establishment open for business
24 hours per day) must be collected at the end of each business day
by employees of the retail establishment and be collectively confined
in a secured manner at the cart confinement area on the premises as
designated in the cart retrieval plan until the commencement of the
next business day. All shopping carts located on the premises of any
retail establishment open for business 24 hours per day, other than
carts then currently in use by a customer, must be collected by employees
of the retail establishment and returned to the cart confinement area
on the premises as designated in the cart retrieval plan at least
twice per calendar day between the hours of 12:00 p.m. and 12:00 a.m.
on each day the retail establishment is open for business. This section
does not apply to any shopping carts located within an enclosed building.
(Ord. 1409 § 2, 10/11/21)
A.
Except
as otherwise provided, any retail establishment with a cart containment
plan approved pursuant to this Chapter, which establishment is operating
in compliance with the provisions of such plan, is exempt from the
payment of any fees otherwise due to the City pursuant to State law
for the retrieval of any shopping carts impounded by the City.
B.
For
purposes of this section, a retail establishment is "operating in
compliance with the provisions of such containment plan" if and only
if:
1.
A
cart containment plan for such establishment was approved by the Director
in accordance with the provisions of this Chapter;
2.
Such
plan has not previously been revoked by the City; and
3.
Such
establishment is not then currently the subject of any proceeding
involving a written order to show cause as to why the approved plan
should not be revoked.
C.
Except
as otherwise provided, any existing retail establishment which: (1)
provides a total of more than five shopping carts for use by customers
of such business; and (2) submits and obtains the approval of a cart
containment plan within the time specified by this Chapter, is exempt
from the payment of any permit or inspection fees otherwise required
by this Chapter to implement such plan.
(Ord. 1409 § 2, 10/11/21)
An owner of any retail establishment which has an approved plan
conforming to the requirements of this Chapter may, at any time, submit
a proposed amendment to the approved plan. The amendment will be processed
as if it were a new plan including, without limitation, the requirement
that a fee be paid.
(Ord. 1409 § 2, 10/11/21)
A.
An approved
plan may be revoked by the City upon any of the following grounds:
1.
The
owner of any retail establishment is operating, or is permitting operation
of, the retail establishment in violation of this code including,
without limitation, the plan and failed to correct such violation(s)
for a period of at least 15 calendar days following the date of receipt
of written notice of such violation(s) from the City; or
2.
The
cart containment plan, as approved, is inadequate to reasonably prevent
the removal of shopping carts from the premises of the retail establishment
or retrieval of abandoned shopping carts;
B.
Order
and Notice to Show Cause. If at any time following the approval of
a plan, the Director obtains information or evidence that any of the
grounds set forth in the grounds above may exist, the Director will
issue a written order to show cause as to why the approved plan should
not be revoked and schedule an administrative hearing not less than
15 calendar days nor more than 30 calendar days following the date
such order to show cause. The order will state the grounds upon which
it is proposed to revoke the approved plan and include the information
and evidence, or a summary thereof, upon which such order was issued.
C.
Conduct
of Hearing. The administrative hearing will be conducted informally
and the legal rules of evidence do not apply. Parties may each be
represented by legal counsel or other representatives of their choice.
The Director, in the Director's sole discretion and as an alternative
to revocation, may consider amending the plan if the grounds of the
order to show cause are solely the inadequacy of the approved plan.
D.
Decision
of the Director. Within 15 calendar days following conclusion of the
hearing, the Director must render a written decision regarding the
plan. If the plan is revoked or amended, the decision must specify
the findings of fact and the reasons for such action. If the plan
is amended, the decision must also specify the amendment(s) to the
plan.
E.
Use
of Shopping Carts Following Revocation Prohibited. It is unlawful
for an owner to use shopping carts outside the owner's retail establishment
after a plan is revoked.
F.
Persons
aggrieved by the Director's decision may appeal the decision to the
City Manager, or designee, for a final decision. Such appeal must
be in writing, specify the reasons for the appeal, be filed with the
City Clerk within 15 days after the Director's decision, and be accompanied
by a fee established by City Council resolution. There is no right
to further administrative appeal.
(Ord. 1409 § 2, 10/11/21)
The Director may retrieve and impound any abandoned shopping
cart pursuant to Business and Professions Code Section 22435.7. Three
business days after notifying the owner, the Director may also retrieve
and impound shopping carts observed in a location outside the owner's
premises when the owner has not retrieved it.
(Ord. 1409 § 2, 10/11/21)
A.
The
Director may retrieve and impound any abandoned shopping cart, whether
it belongs to a retail establishment inside or outside the City's
jurisdiction, without providing the three day notice provided the
Director gives actual notice to the owner of the impounded shopping
cart within 24 hours following the impound. The notice must inform
the owner of the location where the shopping cart may be claimed.
Any shopping cart reclaimed by the owner within three business days
after the date of such notice must be released and surrendered to
the owner at no charge, including waiver of any impound and storage
fees or fines which otherwise would be applicable, provided the retailer
has an approved cart retrieval plan in place with the City.
B.
The
owner of any shopping cart not reclaimed within three business days
after the date of actual notice is subject to prosecution or the imposition
of any administrative costs, fees, fines, interest and other penalties
applicable under this Chapter commencing four business days after
the date of notice.
C.
Any
shopping cart not reclaimed by the owner within 30 days after receiving
actual notice may be sold or disposed of pursuant to this Chapter.
(Ord. 1409 § 2, 10/11/21)
A.
Pursuant
to Business and Professions Code Section 22435.7(f), any owner failing
to retrieve the owner's shopping carts within three business days
after being notified regarding such shopping cart being off the owner's
premises, is guilty of a violation of the Business and Professions
Code and this Chapter and may be punished with an administrative fine
of $50.00 for each occurrence in excess of three during the six month
periods ending on June 30 and December 31 of each calendar year.
B.
Pursuant
to Business and Professions Code Section 22435.7(i), any owner failing
to reclaim the shopping carts impounded by the City within three business
days from the date of actual notice of impoundment is guilty of a
violation of the Business and Professions Code and this Chapter and
may be punished with an administrative fine of $50.00 for each occurrence
in excess of three during the six month periods ending on June 30
and December 31 of each calendar year.
C.
For
purposes of this section, an occurrence includes the retrieval of
all shopping carts of an owner in a one day period.
D.
In addition
to the fines imposed above, the owner is required to pay the City's
actual costs for retrieving and storing the owner's shopping carts
except when reclaimed by the owner within three business days.
E.
The
Director is authorized to execute agreements, in a form approved by
the City Attorney, for retrieval services.
(Ord. 1409 § 2, 10/11/21)
Pursuant to Business and Professions Code Section 22435.7, the
City Manager may sell or otherwise dispose of any shopping cart impounded
by the City Manager that has not been reclaimed by its owner within
30 days after the owner receives notice.
(Ord. 1409 § 2, 10/11/21)
Pursuant to Business and Professions Code Section 22435.7(c),
the City Manager or any City officer, employee, or agent may immediately
retrieve any shopping cart from public or private property if its
location impedes emergency services.
(Ord. 1409 § 2, 10/11/21)
In addition to any other enforcement provision of this Code,
the City Manager may obtain compliance with this Chapter by issuing
administrative orders which are enforceable in a court or by direct
court action. Without limitation, the City Manager is authorized to
require installation of disabling devices on all shopping carts which
prevent their removal from an owner's premises with respect to any
owner who fails to prepare and implement a written plan.
(Ord. 1409 § 2, 10/11/21)
A.
In addition
to the remedies set forth in this Chapter, violations of this Chapter
may be enforced as follows:
B.
The
remedies provided by this Chapter are cumulative and in addition to
any other criminal or civil remedies.
C.
As part
of any enforcement action, the City may recover its enforcement costs
including:
1.
Actual
cost of preparing notices, correspondence, specifications, and contracts;
2.
Personnel
costs incurred for property inspections. Such costs will be calculated
at an hourly rate based on a schedule established by City Council
resolution;
3.
The
cost of printing and mailing;
4.
Costs
related to inspection warrants;
5.
Costs
related to office hearings and administrative adjudications;
6.
Attorney's
fees expended in enforcement actions including, without limitation,
any action to recover enforcement costs pursuant to this Chapter;
7.
All
costs or expenses for which the City may be liable under State law
arising from or related to an enforcement action; and
8.
All
costs or expenses to which the City may be entitled pursuant to California
law.
(Ord. 1409 § 2, 10/11/21)
