This chapter is not intended as the exclusive regulation of shopping carts within the City. Rather, the purpose of this chapter is to supplement any applicable State law, including California Business and Professions Code, Article 1, Chapter 19, of Division 8 (commencing with Section 22435, as may be amended), by providing special procedures for the abatement as public nuisances of certain shopping and laundry carts.
(Prior code § 95.60; Ord. 752 3-15-22; Ord. 815, 5/20/2025)
For purposes of this chapter only, and unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section are defined as follows:
"Abandoned cart"
means any cart that has been removed from the business premises and which is left unattended or discarded upon any public or private property other than the premises regardless of whether the cart was removed with permission from the owner.
"Business premises"
means the interior of a cart owner's commercial establishment, adjacent walkways, any loading area, and the parking area, as defined herein.
"Cart"
means a shopping cart or laundry cart, as defined herein.
"Cart identification sign"
means a sign or engraved surface which is permanently affixed to a cart containing all of the information specified in this chapter.
"Cart owner"
means the owner or operator of a commercial establishment which provides shopping carts or laundry carts to customers or to the public.
"Cart removal warning"
means a placard, sign or painted text which meets the requirements of this chapter.
"Individual cart identification number"
means a number unique to each cart owned or provided by a cart owner.
"Laundry cart"
means a basket which is mounted on wheels and used in a coin-operated laundry or dry cleaning establishment by a customer or an attendant of the establishment for the purpose of transporting fabrics and the supplies necessary to process them.
"Parking area"
means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.
"Qualified cart retrieval service"
means a commercial service, operated by a third party and paid by a cart owner to retrieve and return carts.
"Removed cart"
means a cart which is removed from the business premises by any person without the written permission or consent of the cart owner.
"Shopping cart"
means a basket mounted on wheels or a similar device generally used by a customer for the purpose of transporting goods of any kind within a retail establishment or designated parking or loading area of that business establishment. Shopping cart also includes a laundry cart as defined herein.
(Prior code § 95.61; Ord. 752 3-15-22; Ord. 815, 5/20/2025)
The City Council finds and declares as follows:
The presence of wrecked, dismantled, or abandoned carts, or parts thereof, on private or public property is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, interfere with pedestrian and vehicular traffic, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to health, safety and general welfare. The presence of wrecked, dismantled, or abandoned carts, or parts thereof, on private or public property, except as expressly hereinafter permitted, is declared a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(Prior code § 95.62; Ord. 752 3-15-22; Ord. 815, 5/20/2025)
This chapter shall not apply to:
A. 
A cart, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
B. 
A cart, or parts thereof, which is stored in a lawful manner on private property in connection with the business of a licensed retail consumer goods vendor when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or
C. 
A cart, or parts thereof, which is stored in a lawful manner on private property in connection with the business of a licensed dismantler or junk dealer when such storage is necessary to the operation of a lawfully conducted business or commercial enterprise.
(Prior code § 95.63; Ord. 752 3-15-22; Ord. 815, 5/20/2025)
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the City Manager or his/her designee. In the enforcement of this chapter, the City Manager or his/her designee, may enter upon private or public property, in a manner consistent with the United States and California Constitutions, to examine a cart, or parts thereof, or obtain information as to the identity of a cart and to remove, or cause the removal of, a cart, or parts thereof, which is declared to be a nuisance pursuant to this chapter.
(Prior code § 95.64; Ord. 752 3-15-22; Ord. 815, 5/20/2025)
A. 
Every cart owner shall post and maintain cart removal warnings which meet all of the following minimum specifications:
1. 
Meet or exceed 18 inches in width and 24 inches in height.
2. 
Using block lettering not less than one-half inch in width and two inches in height, contain a statement in two or more languages to the effect that unauthorized removal of a cart from the business premises, or possession of a cart in a location other than on the business premises, is a violation of State law and City ordinance.
3. 
List a local or toll-free telephone number for cart retrieval.
4. 
Be affixed to an interior wall of the building or otherwise permanently and prominently displayed within two feet of all customer entrances and exits.
B. 
Cart removal warnings on the exterior of the building are not considered "signs" for the purpose of calculating any maximum allowable signage in the City.
C. 
Each cart owned or used within the City shall have, permanently affixed and easily visible, a cart identification sign or engraved surface which includes all of the following information: the name of the cart owner, the telephone number of the cart owner and/or commercial establishment to which the cart belongs, an address for returning the cart to the owner or business premises, the individual cart identification number, a valid toll-free phone number for cart retrieval, the procedure (if any) to be followed to obtain permission to remove the cart from the business premises, and a notice to the public that unauthorized removal of the cart from the business premises is a violation of State law and City ordinance.
D. 
It shall be the responsibility of each cart owner to comply with subsections A and C of this section, and to continuously maintain, or cause to be maintained, the cart identification sign so that all of the required information is accurate and clearly legible.
(Prior code § 95.65; Ord. 752 3-15-22; Ord. 815, 5/20/2025)
A. 
It is unlawful to either temporarily or permanently remove a cart from the business premises or parking area of a cart owner without the express prior written approval of the owner or designee. Written approval shall be for a period not to exceed 72 hours.
B. 
It is unlawful to be in possession of a cart that has been removed from a business premises or parking area of a cart owner unless it is in the process of being immediately returned to the owner or business premises.
C. 
This section shall not apply to carts that are removed for lawful purposes, such as repair or maintenance.
(Ord. 752 3-15-22; Ord. 815, 5/20/2025)
A. 
Cart Containment Plan—Required.
1. 
Every cart owner shall implement, operate, and maintain an on-site cart containment plan. The cart owner shall implement, operate, and maintain the following measures in the on-site cart containment plan:
a. 
Install and maintain electronic or other disabling devices on all carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts.
b. 
Install and maintain physical measures to prevent the removal of carts from the business premises. These measures may include physical barriers and security guards to deter unlawful removal of carts from the business premises. All carts shall be securely locked and stored at all times while the business is closed.
c. 
Conduct ongoing employee training to educate new and existing employees about procedures to prevent cart removal, including the operation of the on-site cart containment plan.
d. 
Secure and continuously maintain a qualified cart retrieval service to retrieve carts which have been removed from their business premises. The qualified cart retrieval service shall respond to complaints from the public or notifications from the City in a manner which results in the retrieval of carts within 24 hours of receiving the notification. Additionally, qualified cart retrieval services shall actively locate removed carts within a one-mile radius of the business premises at least three times per week. The qualified cart retrieval service shall not place any limits on daily loads or days per week to retrieve carts within the City. The City may notify the owner of an abandoned shopping cart when such cart is located within a one-mile radius. Such notice may be given by telephone, e-mail, or text message to the owner or owner's agent designated in the cart containment plan if an approved plan is in place and shall include the shopping cart's location.
2. 
Persons retained to perform shopping cart retrieval services must carry written authorization from the owner to be presented upon request by the City Manager or designee. Vehicles used by retrieval services must bear conspicuous signs identifying the name of the shopping cart retrieval service.
3. 
Each cart owner must contain all carts on the business premises at all times. All carts must be accounted for at the end of each business day.
4. 
Cart owners shall conduct regular maintenance to ensure disabling devices are working properly. If at any time, a cart owner determines the disabling device installed on a cart is not working properly, the cart shall be pulled from circulation until it is repaired. The cart owner shall inspect, test, and repair all abandoned carts returned to the owner prior to making the returned carts available for use.
5. 
A cart that does not have an electronic or other disabling device shall not be in circulation unless and until such device is added to the cart.
B. 
On-Site Cart Containment Plan Review. The review of on-site cart containment plans shall be conducted pursuant to this subsection.
1. 
Existing cart owners must develop and submit an on-site cart containment plan within 60 days from the date of the City notice stating that such a plan is required pursuant to this chapter.
2. 
New cart owners or cart owners who have relocated must submit an on-site cart containment plan at the time of applying for a business license or certificate of occupancy. A cart owner applying for a renewed license or certificate, but which did not previously submit an on-site cart containment plan, shall submit such plan upon application for renewal.
3. 
Two or more cart owners located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single on-site cart containment plan.
4. 
At the time a cart owner submits an on-site cart containment plan, the cart owner shall pay a fee for the review and administration of the plan as set forth by resolution of the City Council.
5. 
The City Manager or designee shall review on-site cart containment plans and may approve, deny, or require modifications. Once a plan is approved, the cart owner shall have 30 days to begin implementation. Cart owners may appeal a denial of an on-site cart containment plan within 14 calendar days. The applicable provisions of Chapter 4.36 of this Code shall govern the proceedings of such an appeal.
C. 
Cart Containment Plan Inspections.
1. 
For new cart containment plans, the cart owner or agent shall allow the City to conduct an inspection of the entire structure and the exterior premises prior to approval of a shopping cart containment plan to ensure compliance with this chapter.
2. 
For renewed plans, the cart owner or agent shall allow the City to conduct an inspection of the entire structure and the exterior premises prior to the approval of a cart containment plan to ensure compliance with this chapter, no earlier than 60 days prior to the expiration of the cart containment plan.
D. 
Requirement to Amend Cart Containment Plan Application. Whenever the information provided in the application for a cart containment plan on file with the City changes (e.g. a change in cart retrieval company), the cart owner shall, within 10 business days after such change, file an amendment to the plan application with the City Manager or designee. The amendment shall be accompanied by a fee set by resolution.
E. 
Cart Containment Plan Exceptions. The City in its sole discretion, may allow exceptions for cart owners with 10 carts or less to be exempt from some or all of the cart containment requirements.
(Prior code § 95.66; Ord. 752 3-15-22; Ord. 815, 5/20/2025)
A. 
An approved cart containment plan shall be valid for a term of one year from the date of approval. A cart containment plan renewal must be submitted by written applications and payment of an application fee to be set by resolution.
1. 
A completed cart containment plan renewal application and renewal plan fee shall be submitted by the applicant no earlier than 60 calendar days but no later than 30 days before the expiration of the plan.
2. 
Failure to renew a shopping cart containment plan as prescribed in this section shall result in the plan being terminated.
B. 
Cart Containment Plans are Non-Transferable.
1. 
Upon the sale or transfer of any business premises or control of a cart owner with a cart containment plan, a new cart containment plan shall be required, in addition to any other permits, licenses, and entitlements required by this Code.
2. 
A change in the form or structure of a cart owner. Notwithstanding any other provision of this section, a cart owner may undertake any change in its business form or structure. The resulting changed cart owner must then promptly apply for and obtain a plan modification.
C. 
Cart Containment Plan Term.
1. 
A cart containment plan is valid for one year from the date that it is approved unless suspended or revoked sooner.
2. 
Retroactive. It is the express intent of the City that the provisions of this chapter shall apply to all current cart owners.
3. 
Any current cart owners on the effective date of the ordinance codified in this chapter shall be required to renew their cart containment plan within six months from the effective date of the ordinance codified in this chapter. Failure to do so shall be a violation of this chapter and subject to the penalties herein. Cart containment plans issued within the six months prior to the effective date of the ordinance codified in this chapter shall be required to renew their cart containment plan within one year from the effective date of the ordinance codified in this chapter.
(Ord. 815, 5/20/2025)
Any business, which do not own, rent, lease, or otherwise possess its own shopping carts, but are authorized to use shopping carts owned by cart owners, shall provide a location upon its premises for the storage of shopping carts and shall immediately contact the cart owner or cart owner's agent to retrieve any shopping carts that are left on the business's premises.
(Ord. 815, 5/20/2025)
A. 
Pursuant to Business and Professions Code Section 22435.7(b), as may be amended, the City Manager or designee may provide notice to the cart owner of any abandoned or removed carts that has been located within the City. If three business days after such notice is given the cart has not been retrieved by the owner or his/her agent, the cart may be impounded by the City. The City may recover the actual costs of retrieving the cart and fines against the cart owner. A cart impounded pursuant to this subsection that is not reclaimed within 30 days of the owner's receipt of the notice provided for herein shall be sold or otherwise disposed of by the city.
B. 
Pursuant to Business and Professions Code Section 22435.7(i), as may be amended, the City Manager or designee may immediately impound any abandoned or removed cart located within the City, and give the cart owner notice that the cart has been impounded within 24 hours of the impoundment. Any cart impounded pursuant to this subsection that is reclaimed within three business days following the date of notice to the cart owner shall be released and surrendered to the owner or his/her agent at no charge whatsoever. Any cart reclaimed within the three business day period shall not be deemed an occurrence or violation for the purposes of this chapter. Where a cart owner fails to reclaim a cart, the City may recover the actual costs of retrieving the cart and fines against the owner commencing on the fourth business day following the date of the notice. Any cart not reclaimed within 30 days of the actual notice provided to the owner of the cart shall be sold or otherwise disposed of by the City.
C. 
The city may retrieve and immediately dispose of any abandoned shopping carts that lack the signage required by Desert Hot Springs Code Section 8.16.060.
(Ord. 752 3-15-22; Ord. 815, 5/20/2025)
A. 
Any person who violates any provision of this chapter shall be guilty of a misdemeanor.
B. 
Except as pursuant to subsection F and notwithstanding the fines in Chapter 4.24, the following fines shall apply for violations of this chapter:
1.
First violation: $200.00;
2.
Second violation: $500.00;
3.
Third and subsequent violations: $1,000.00.
For cart owners without an approved containment plan, the fine shall be:
1.
First and subsequent violations: $1,000.00.
C. 
The remedies set forth in this chapter shall be cumulative and in addition to any and all other remedies, civil, equitable or criminal, afforded to the City under the law.
D. 
A separate offense occurs for each day a violation of, or failure to comply with, any provision of this chapter is committed, continued, permitted, maintained, or allowed to be continued.
E. 
The failure of a cart owner to submit, establish, or maintain a cart containment plan as required by this chapter shall subject the owner to a civil penalty of up to $1,000.00 plus an additional penalty of $50.00 for each day of noncompliance.
F. 
Fines. Pursuant to Business and Professions Code Section 22435.7(f), a fine in the amount of $50.00 is hereby imposed upon each cart owner of a cart for each occurrence in excess of three during a specified six-month period for failure to retrieve carts in accordance with this chapter. An occurrence includes all shopping carts impounded in accordance with this chapter in a one-day period. This subsection does not apply to and does not limit or prohibit any other fee, fine or penalty that the City may charge for violation of this chapter.
(Prior code § 95.100; Ord. 752 3-15-22; Ord. 815, 5/20/2025)