The proliferation of shopping carts abandoned on public and private property is causing blighted conditions in some areas of the City and results in the obstruction of free access to public and private sidewalks, streets, parking lots and other ways and therefore are declared by the City to be a nuisance. Shopping carts left on public streets and sidewalks present a danger to persons attempting to use such public ways especially the disabled and can also impede emergency services. The purpose of this chapter is to establish regulations for the removal of abandoned shopping carts which are consistent with State law, to encourage retail establishments to adopt programs to retrieve and/or prevent the theft of shopping carts, to recoup the City's costs associated with abatement of the nuisance and to alleviate obstructions on public ways.
(Ord. 3-96; Ord. 25-96; Ord. 30-24, 12/10/2024)
"Cart retrieval"
means the act of retrieving and returning a cart removed from a retail establishment.
"Cart/shopping cart"
means a wheeled basket or device used in retail for transporting goods, including laundry carts.
"Laundry cart"
means a wheeled basket used in laundries or dry-cleaners for transporting fabrics and supplies.
"Parking area"
means a lot or property designated for customer parking by a retail establishment.
"Physical containment"
means a device that locks, disables, or prevents the movement of shopping carts from business premises.
"Premises"
means any building or area used for retail business in the City, including customer parking areas.
"Retail establishment"
means any business providing shopping carts in the City, regardless of its operational status (retail, wholesale, or membership-based).
"Shopping cart owner"
means the owner, manager, or operator of a retail establishment that provides shopping carts.
"Unattended shopping cart"
means a cart taken without permission or left on public/private property, whether lost, stolen, discarded, or abandoned.
(Ord. 30-24, 12/10/2024)
A retail establishment that provides more than 10 shopping carts to customers for use on the premises, shall develop, implement, and comply with the provisions of a written retrieval and containment plan ("Plan"). The Plan, accompanied by a non-refundable processing fee set by resolution of the City Council, must be submitted to the City and approved by the Director of Community Development or designee, prior to the issuance or renewal of a City business license. The Plan, at a minimum, shall include the following data:
1. 
Owner/Business Information: Name of the retail establishment, shopping cart owner details, physical address, and manager contact information.
2. 
Cart Inventory: A complete inventory of all shopping carts.
3. 
Retrieval Personnel: A staffing plan for cart retrieval, including employee hours or contracts with retrieval services.
4. 
Prompt Retrieval: A detailed patrol procedure regarding removal of carts from public streets and bus stops.
5. 
Daily Cart Confinement: Evidence that carts are collected and secured at the end of the business day or at specified times for 24-hour establishments.
6. 
Signs on Carts: Evidence that each cart displays the owner's name, address, phone number, and warnings against unauthorized removal.
7. 
Notice to Customers: Evidence that a notice, in English and Spanish about the prohibition on cart removal, is posted near entrances and exits.
8. 
Monthly Reports: Evidence that monthly reports detailing the number of carts retrieved are generated.
9. 
Physical Containment Measures: Evidence that measures to prevent cart removal, such as disabling devices and employee oversight, are implemented. Any retail establishment with 10 or more shopping carts that begins operation after the ordinance codified in this chapter takes effect and/or after the retail establishment expands the business by more than 25%, shall provide as part of the Plan a implementation process for a shopping cart wheel locking mechanism. The mechanism shall lock one or more wheels of the shopping cart if the cart passes a certain defined space outside the retail establishment parking lot perimeter.
10. 
Employee Training: Evidence that employees are regularly trained regarding the Plan.
Collaboration with Other Retail Establishments. Two or more retail establishments located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single Plan.
(Ord. 3-96; Ord. 25-96; Ord. 30-24, 12/10/2024)
A. 
Except as provided in subsections B, C and D of this section, prior to removing a shopping cart, the City shall give three business days notice to the owner of the shopping cart or the owner's agent, of the unattended shopping cart's location. If the shopping cart has not been removed within three business days, the City may remove the shopping cart and notice of such removal and storage shall be provided in accordance with Section 8.06.040. The three-day notice requirement shall only apply if the shopping cart has a sign permanently affixed to it which contains the following: (1) identifies the owner or retailer; (2) notifies the public of the procedure to be used for the unauthorized removal of the shopping cart from the premises; (3) notifies the public that the unauthorized removal of the shopping cart from the premises or parking area of the retailer or the unauthorized possession of the cart, is a violation of state law and, (4) lists a valid telephone number or address for returning the cart.
B. 
As an alternative to subsection A of this section, the City may remove an abandoned or unattended shopping cart without complying with the three-day advance notice requirement provided that:
1. 
The owner of the shopping cart is provided actual notice within 24 hours following the City's removal of the shopping cart as to the location where the shopping cart may be claimed.
2. 
Any shopping cart reclaimed by the owner within three business days following the date of actual notice shall be released to the owner at no charge.
3. 
Any shopping cart not reclaimed by the owner within three business days following the date of actual notice shall be subject to the applicable removal and storage fees commencing on the fourth business day following the date of the notice. Notice of such fees shall be sent in accordance with Section 8.06.040.
4. 
Any shopping cart not reclaimed by the owner within 30 days of the date the cart was first removed, may be disposed of as provided in Section 8.06.070.
C. 
Shopping carts located on property which do not contain information identifying the owner or retailer by a telephone number or address may be removed immediately and if possible, notice of removal shall be provided in accordance with Section 8.06.040.
D. 
Shopping carts located on public and private streets, sidewalks and driveways impede the provision of emergency services, create a danger for persons attempting to utilize such public and private ways and impede access to such public ways and other public facilities by the disabled. Shopping carts which are located in these areas and create these conditions may be removed immediately and notice of removal shall be provided in accordance with Section 8.06.040.
(Ord. 3-96; Ord. 25-96; Ord. 20-99)
Upon the abatement, removal and storage of any shopping cart under this chapter, the City shall attempt to notify the owner of the shopping cart by sending a "notice of abatement" by first-class mail to the last known address of the owner or retailer as shown on the shopping cart. Such notice shall state substantially the following:
On __________, 20__________, your shopping cart was found unattended on [private or public] property located at [address]. Pursuant to the Orange Municipal Code, unattended shopping carts are deemed to be a nuisance.
The shopping cart is being stored by the City at __________ [address]. You may retrieve your shopping cart by calling [phone number] or personally appearing at the above address. You will be required to pay the City's costs for removing and storing the shopping cart prior to it being released into your possession. If you believe that the shopping cart was removed in error you may request a hearing by submitting a written request for such a hearing to the Director of Public Works, 300 E. Chapman Avenue, Orange, CA 92866.
Such request must be received by the City within 15 calendar days of the date of this notice. Failure to request a hearing within this time period shall result in a waiver of such hearing. The shopping cart will be sold or destroyed within 30 days of its removal if unclaimed. Shopping carts which have insufficient identifying information to apprise the City of ownership of the retailer may be sold or destroyed within 30 days of removal without notice.
(Ord. 3-96; Ord. 25-96; Ord. 7-06)
Any shopping cart removed and stored pursuant to this chapter shall be released to the owner or agent if claimed within 30 days of such removal and upon payment of the City's costs.
(Ord. 3-96; Ord. 25-96)
If a hearing is requested in writing in accordance with this chapter, it shall be held within 30 calendar days of receipt of such request. The hearing shall be conducted by the Director of Public Works or designee. The City shall have the burden of proving by a preponderance of the evidence that such removal was valid under this chapter. The hearing officer shall conduct the hearing and receive evidence. Formal rules of evidence shall not apply. If the City fails to carry its burden, the shopping cart shall be released without the payment of the City's costs. The owner or agent may retrieve the cart anytime within 30 days of the date the cart was first removed. Retrieval of the shopping cart shall be the responsibility of the owner. This hearing shall be the final administrative remedy.
(Ord. 3-96; Ord. 25-96; Ord. 7-06)
Any shopping cart not retrieved within 30 days of its removal by the City shall be sold at public auction. If in the reasonable determination of the City's purchasing officer, the shopping cart or part thereof has no resale value, it may be destroyed or sold as salvage.
(Ord. 3-96; Ord. 25-96)
It is unlawful for any person to remove, possess or abandon a shopping cart from or in a location other than the business premises which owns the shopping cart or the parking lot of such business, without the permission of the owner.
This section shall not apply to the owner of the shopping cart, the owner's agent or to an owner of private property who is attempting to dispose of an abandoned shopping cart left on his or her property.
(Ord. 3-96; Ord. 25-96)
All businesses utilizing shopping carts in conducting their business within the City shall have a permanently affixed sign on their shopping carts which contains the information required by California Business and Professions Code Section 22435.1.
(Ord. 3-96; Ord. 25-96)
Unless otherwise provided in this chapter, the fees to be charged for the removal and storage of shopping carts by the City shall be established by resolution of the City Council and shall not exceed the City's estimated reasonable cost for such removal and storage. The Director of Public Works shall review such fees as appropriate and recommend any necessary adjustments to the City Council.
(Ord. 3-96; Ord. 25-96; Ord. 7-06)
Unattended shopping carts are a public nuisance and safety hazard. They obstruct sidewalks, streets, and parking lots, interfere with traffic and emergency services, and cause blight. This chapter shall be enforced by Community Development Department, Public Works Department and/or Police Department.
Nothing in this chapter shall limit the City from pursuing administrative, civil, or criminal citations or to abate public nuisances or violations of this chapter in accordance with Chapters 1.08 and 1.10 of the Orange Municipal Code.
(Ord. 25-96; Ord. 30-24, 12/10/2024)