A. The
city has determined that the unauthorized removal of shopping carts
from retail establishments and their subsequent abandonment on public
and private properties creates visual blight and potential hazards
to the health, safety, and welfare of the public, interferes with
pedestrian and vehicular traffic, and constitutes a nuisance.
B. It is
the intent of this chapter to regulate, in accordance with and in
addition to
Business and Professions Code § 22435 et seq.,
the removal of shopping carts from the premises or parking areas of
retail establishments.
(Code 1980, § 8.50.010; Ord. No. 841, § 1, 5-18-2011)
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
"Business owner"
means the owner or operator of a commercial establishment
that provides shopping carts for use by its customers for the purpose
of transporting goods of any kind on or about its premises.
"Parking area"
means a parking lot or other property provided by a business
owner for use by a customer for parking an automobile or other vehicle.
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.
"Premises"
means the interior of a business owner's establishment, adjacent
walkways, any loading area, and the parking area, as defined herein.
"Shopping cart"
means a basket that is mounted on wheels or a similar wheeled
device used in a retail establishment by a customer for transporting
goods.
(Code 1980, § 8.50.020; Ord. No. 841, § 1, 5-18-2011; Ord. No. 870 (Recodification),
2014)
Business owners shall permanently affix vandal-resistant identification
signs to each shopping cart on its premises. The identification sign
shall conspicuously set forth all of the following information:
A. The
name and address of the business owner and premises;
B. A valid
telephone number or address for notifying the business owner for purposes
of returning the shopping cart if found off of the business owner's
premises;
C. Notice
to the public that the unauthorized removal of a shopping cart from
the premises, or the unauthorized possession of a shopping cart, is
a violation of state law.
D. Notice
to the public of the procedure to be utilized for authorized removal
of the shopping cart from the premises.
(Code 1980, § 8.50.030; Ord. No. 841, § 1, 5-18-2011)
All business owners shall implement effective measures to prevent
and discourage the removal of shopping carts from their premises.
In furtherance thereof, business owners shall comply with the following
requirements:
A. Business
owners shall post and maintain signs at each customer pedestrian exit
on the premises, in one or more languages, providing notice that customers
may not remove shopping carts from the premises without written authorization
and that unauthorized removal of shopping carts from the premises
is a violation of state law. The signs shall be conspicuously and
prominently displayed to be clearly visible at each customer pedestrian
exit on the premises.
B. Shopping
carts may not be utilized off of a business owner's premises without
the business owner's written consent.
C. Upon
receipt of telephonic or written notification from the city or any
person that a shopping cart belonging to a business owner has been
found off of the business owner's premises, the business owner shall
retrieve such shopping cart within 48 hours of receipt of such notice.
(Code 1980, § 8.50.040; Ord. No. 841 § 1, 2011; Ord. No. 870 (Recodification), 2014)
Nothing in this section is intended to limit the ability of
the city to remove or dispose of any cart to which a cart identification
sign is not attached, or to remove or dispose of any cart which impedes
the provision of emergency services, or which is an immediate threat
to public health and safety, to the full extent permitted by state
law.
(Code 1980, § 8.50.050; Ord. No. 841 § 1, 2011)
A. The
city manager or designee, including, but not limited to, police officers,
code enforcement officers, or other duly authorized enforcement officials
of the city shall have the authority to enforce the provisions of
this chapter.
B. Any person who violates any provision of this chapter is guilty of a misdemeanor, and shall be subject to the enforcement remedies set forth in chapter
1.12.
C. Nothing
in this chapter shall be intended to limit any of the civil, administrative
or criminal remedies available to the city, nor shall it be intended
to limit the city from engaging in efforts to obtain voluntary compliance
by means of warnings, notices, administrative citations or educational
programs.
(Code 1980, § 8.50.060; Ord. No. 841 § 1, 2011; Ord. No. 870 (Recodification), 2014)