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)