A.
Abandoned
shopping carts constitute a nuisance, create potential hazards to
the health and safety of the public and interfere with pedestrian
and vehicular traffic as well as emergency services within the city.
Wrecked, dismantled and/or abandoned shopping carts on public or private
property create conditions that reduce property values, promote blight
and deterioration within the city's neighborhoods.
B.
The
purpose of this chapter is to provide regulations pertaining to abandoned
shopping carts and unmarked shopping carts, to provide a requirement
for a mandatory shopping cart retrieval service, and to prohibit the
damage or removal of mandatory signage from the shopping cart or possession
of a shopping cart with the signage removed or defaced. This chapter
is not intended to duplicate state law or regulate any matters pertaining
to shopping carts which are the subject of state law. To the extent
any provision of this chapter is determined to be preempted by state
law, it shall be deemed severed from all other provisions of this
chapter and such other provisions shall remain in full force and effect.
(Ord. 1420 § 1, 2008)
As used in this chapter, the following terms have the meanings
stated in this section:
means any cart either removed from a business establishment's
premises without written permission of the owner and located on either
public or private property or left unattended, discarded or abandoned
upon any private or public property other than the premises of the
business establishment from which such shopping cart was removed,
regardless of whether the shopping cart was removed with permission
or consent of the owner.
means any business location within the city that offers or
provides shopping carts for its customers. This includes any business
advertised or operated as a retail or wholesale business, a business
with multiple outlets regardless of whether such business is open
to the general public, or in a private club or business, or is a membership
store.
means a business that searches for, gathers, collects, retrieves
and restores possession to the owner, or an agent thereof, for compensation
or in expectation of compensation of shopping carts located anywhere
outside the premises or parking area of a business establishment.
means any person or entity, including manager or designated
agent, who in connection with the conduct of a business, makes shopping
carts available to customers.
means a parking lot or other property provided by a business
establishment for use by a customer for parking an automobile or other
vehicle.
means the entire area owned, occupied, rented, leased, or
utilized by an owner, including any parking lot, areas or other property
areas provided by or on behalf of an owner for customer parking or
use.
means a basket which is mounted on wheels or a similar device
generally used in a business establishment by a customer for the purpose
of transporting goods of any kind. This includes, but is not limited
to, laundry, grocery or shopping carts.
means any cart as defined by this chapter that is not identified
and marked pursuant to California Business and Professions Code Section
22435.1 and this chapter.
(Ord. 1420 § 1, 2008)
The city manager and directors and their designees, including
designated code enforcement officers shall have the authority and
powers necessary to determine whether a violation of this chapter
exists and to take appropriate action to gain compliance with the
provisions of this chapter and applicable state codes. These powers
include the authority to impound the shopping carts, issue administrative
citations, inspect public and private property, impose civil penalties
for any violation of this chapter or pursue criminal actions.
(Ord. 1420 § 1, 2008)
A.
The
provisions of this chapter shall be administered and enforced by the
city manager and directors, and their designees. The city manager
is hereby authorized and directed to promulgate and implement rules,
regulations and procedures necessary or appropriate for enforcement
of this chapter, which rules are to be approved by resolution of the
city council. The city manager shall designate, maintain and advertise
a public "hotline" for the intake of information concerning abandoned
shopping carts.
B.
At the
end of each business day, the city shall fax a list of reported abandoned
carts to the appropriate cart retrieval service, as registered with
the city, as well as to the businesses from which the carts originated,
if requested.
C.
Whenever
possible, all city field employees are to report the location of abandoned
shopping carts as they find them.
D.
In addition
to the provisions and requirements of this chapter, the city council
may, from time to time, by resolution, establish additional rules
and regulations concerning programs, practices and regulations pertaining
to shopping cart storage and retrieval.
E.
The
director or designee is hereby authorized to enter into, on or upon
any public property to examine a shopping cart or parts thereof, or
to obtain information as to the identity of the owner of any shopping
cart, or to retrieve shopping carts in accordance with the provisions
of this part. As used herein, "public property" includes the outdoor
common area 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.
(Ord. 1420 § 1, 2008)
Every shopping cart owned or provided by a business establishment
in the city must have a sign permanently affixed to the cart that
contains all of the following information:
A.
The
name of the business establishment that owns the cart;
B.
The
procedure to be used for authorized removal of a shopping cart from
the establishment's premises, including, but not limited to, cart
rental and obtaining owner consent for removal;
C.
A statement
that the unauthorized removal of a shopping cart from the premises
is a misdemeanor and a violation of state law;
D.
Lists
a valid telephone number or address for returning the shopping cart
removed from the premises or parking area to the owner or retailer,
and the city "hotline" telephone number.
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There shall be posted by the owner, prominently and conspicuously,
at all public entrances and exits to the business, a notice in substantially
the following form:
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REMOVAL OF SHOPPING CHARTS IS PROHIBITED BY LAW AND SHALL SUBJECT
THE VIOLATOR TO A MINIMUM FINE OF $100.00.
|
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It is unlawful and a public nuisance to provide or offer to
customers any shopping cart that does not have such information permanently
affixed to it.
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(Ord. 1420 § 1, 2008)
A.
In addition to any other remedies set forth in this chapter, civil penalties may be imposed against any person, as defined in Section 1.11.020 of this code, for violating any of the requirements set forth in this chapter.
(Ord. 1420 § 1, 2008)
A.
It is
unlawful for any person, either temporarily or permanently, to do
any of the following acts, if a shopping cart has been properly marked
in conformity with this chapter:
1.
Remove
a cart from the premises of the owner of such cart, or to be in possession
of a cart that has been removed from the premises of the owner of
such shopping cart, without the written consent of the owner.
This section shall not apply to carts removed from the premises,
with the consent of the owner, for the purposes of repair, maintenance
or disposal.
2.
To
be in possession of any shopping cart with serial numbers or the signage
mandated by this chapter removed, obliterated, or altered, with the
intent to temporarily or permanently deprive the owner or retailer
of possession of the cart.
3.
To
alter, convert, or tamper with a shopping cart, or to remove any part
or portion thereof or to remove, obliterate or alter serial numbers
or the signage mandated by this chapter on a cart, with the intent
to temporarily or permanently deprive the owner or retailer of possession
of the cart.
B.
It is
unlawful and an infraction for any person, either temporarily or permanently
to do any of the following acts, if a shopping cart has been properly
marked in conformity with this chapter.
1.
To
cause or permit any cart to be abandoned on or upon any sidewalk,
street or other public area, or upon any private property, other than
the premises of the owner of such cart.
2.
To
be in possession of any shopping cart while that cart is not located
on the premises or parking lot of a business establishment, without
the written consent of the owner.
(Ord. 1420 § 1, 2008)
A.
The
city may impound a shopping cart when the following conditions exist:
1.
The
shopping cart is located on a public right-of-way;
2.
In
instances where the location of a shopping cart will impede emergency
services, the city is authorized to immediately retrieve the shopping
cart from public or private property; and
3.
Except as provided in Section 8.22.070, the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the city of the shopping cart's discovery and location on private property; and
a.
The shopping cart is located outside the premises or parking area
of a business establishment. The parking area of a business establishment
located in a multi-store complex or shopping center shall include
the entire parking area used by the complex or center; and
C.
Any
shopping cart not reclaimed from the city within thirty days of receipt
of a notice of violation by the owner of the shopping cart may be
sold or otherwise disposed of by the city.
D.
In addition
to any other remedy available by law, the city may impose an administrative
penalty on the owner of a shopping cart in an amount not to exceed
fifty dollars for each occurrence in excess of three during a specified
six-month period for failure to retrieve shopping carts in accordance
with this section. An occurrence includes all shopping carts impounded
in accordance with this section in a one-day period.
(Ord. 1420 § 1, 2008)
Notwithstanding Section 8.22.070(A)(3), the city may impound
a shopping cart that otherwise meets the criteria set forth in Sections
8.22.070(A)(1) and/or 8.22.070(A)(2) without complying with the three-day
advance notice requirement provided that:
A.
The
owner of the shopping cart, or his or her agent, is provided actual
notice within twenty-four hours following the impound and that the
notice informs the owner, or his or her agent, as to the location
where the shopping cart may be claimed.
C.
Any shopping cart reclaimed by the owner, or his or her agent, within three business days following the date of actual notice shall be released and surrendered to the owner or agent without charge. Thereafter, if a cart is not retrieved within three business days of notification by the city then an impound fee as established by the city council, shall be imposed. Any cart reclaimed within the three-business-day period shall not be deemed an occurrence for purposes of Sections 8.22.090 and 8.22.070(B).
D.
Any
shopping cart not reclaimed by the owner, or his or her agent, within
three business days following the date of actual notice shall be,
in addition to payment of an impound fee, required to pay a storage
fee commencing on the fourth business day following the date of the
notice, as established by the city council.
E.
Any shopping cart not reclaimed by the owner, or his or her agent, within thirty days of receipt following the date of actual notice may be sold or disposed of as provided for in Section 8.22.090(C). The proceeds shall be applied against the impound and storage fees due. In the event there are excess proceeds, the city shall refund the amount to the owner. If the proceeds are not sufficient to cover the costs, the city shall bill the owner for the remainder.
(Ord. 1420 § 1, 2008)
Specific physical measures may be required by the city to prevent
cart removal from the business premises if the business has had more
than three carts impounded in any six-month period. These measures
may include, but are not limited to: ordering the business to immediately
install disabling devices on all of their shopping carts, requiring
the posting of a security guard to deter and stop customers who attempt
to remove carts from the premises, installation of bollards, chains
or similar devices around the premises to prevent cart removal, requiring
a security deposit of customers for the use of all carts, or requiring
that the business provide for the rental or sale of carts that can
be temporarily or permanently used by customers for transport of purchases
to a location outside the premises.
(Ord. 1420 § 1, 2008)
A.
Every
business in the city that uses shopping carts must contract with a
cart retrieval service and notify the city as to with whom they are
contracted. The cart retrieval services must pick up the carts that
have been reported to them within three business days of receipt of
notice from the city.
B.
All retrieval service companies that have contracts with businesses located in the city of Manteca must register with the city in accordance with Section 5.04.020.
C.
Within
sixty days of the effective date of the ordinance codified in this
chapter, every business establishment must file a notification form
with the city, on a form established by the city, setting forth the
name of the cart retrieval service to be used by that establishment.
In the event that there is a change in the listed cart retrieval service
used, a business establishment shall file a new notification form
with the city within ten days of the effective date of the change.
D.
As set
forth in this chapter, there will be no charge to the business owner
if a cart impounded by the city is picked up within three business
days after being notified by the city. If the shopping carts are not
retrieved, then all applicable impound fees shall apply.
(Ord. 1420 § 1, 2008)
A.
Any
person who engages in the business of shopping cart retrieval must
be registered with the city so as to provide contact names and phone
numbers to enforcement staff. The city manager shall issue a registry
number, in accordance with the procedures set forth in the rules and
regulations.
B.
Each
shopping cart retrieval business shall retain records showing written
authorization from the shopping cart owner, or any agent thereof,
to retrieve the cart or carts and to be in possession of the cart
or carts retrieved. A copy of the record showing written authorization
shall be maintained in each vehicle used for shopping cart retrieval
and presented to enforcement personnel upon request.
(Ord. 1420 § 1, 2008)
Each vehicle employed for the retrieval of shopping carts shall
display a sign that clearly identifies the retrieval service, and
prominently displays the registry number issued by the city.
(Ord. 1420 § 1, 2008)
A.
Any person who violates the provisions of this chapter is guilty of a misdemeanor, with the exception of the items specified under Section 8.22.070(B), which are an infraction. In addition to any other remedies available to it the city may use the administrative enforcement remedies set forth in Chapter 1.11 of this code.
(Ord. 1420 § 1, 2008)
