This chapter is intended to ensure that measures are taken by owners of carts and businesses that provide carts to their customers to prevent those carts from being removed from the owner's premises, to make removal of any cart a violation of this code, and to facilitate the retrieval of any abandoned cart in a manner consistent with state law.
(Ord. 1959 §2, 2022)
The city has determined that the unauthorized removal of carts from business 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, constitutes a public nuisance, and shall be subject to abatement in the manner set forth in this chapter or in any other manner provided by law.
(Ord. 1959 § 2, 2022)
For purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise:
"Business establishment"
means and includes any business that provides or makes available carts for and used by customers.
"Cart"
means a basket that has been 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. A "cart" also includes a laundry cart and a shopping cart.
"City manager's designee"
means and includes the city manager or the person designated by the city manager to fulfill the responsibilities required by this chapter.
"Enforcement official"
means and includes any city employee or agent of the city authorized by this code, the city council, or the city manager to enforce any provision of this code.
"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 for the purpose of transporting fabrics and the supplies necessary to process them.
"Owner"
means any person who, in connection with the conduct of a business establishment, owns, rightfully possesses, or makes any cart available to patrons and the public. The owner shall include the owner's agent or authorized representative.
"Parking area"
means a parking lot or other property provided by a business establishment for the use of customers for parking of customer vehicles. The parking area of a business establishment located in a multi-store complex or shopping center includes the entire parking area used by the multi-store complex or shopping center.
"Person"
means any natural person, business, organization, corporation, or other legal entity.
"Premises"
means any building, property, or other area upon which any business establishment is conducted or operated in the city and includes the parking area and where the business establishment's carts are permitted.
"Responsible party" or "responsible parties"
means and includes any of the following:
1. 
Any person or entity that causes, maintains, permits, or allows a violation of this code.
2. 
Any person or entity that owns, possesses, or controls any parcel of real property in the city upon which a violation of this code is maintained.
3. 
Any trustee of any trust that holds legal title to any parcel of real property in the city upon which a violation of this code is maintained.
4. 
Any person or entity that owns, possesses, operates, manages, or controls any business within the city that is responsible for causing or maintaining a violation of this code.
(Ord. 1959 § 2, 2022)
The city manager's designee shall have the authority to promulgate and/or adopt written regulations to implement the provisions of this chapter.
(Ord. 1959 § 2, 2022)
A. 
Each cart owned or provided by a business establishment in the city shall have a cart identification sign permanently affixed to it and which, at a minimum, contains all of the following information:
1. 
The identity of the owner of the cart or the name of the business establishment, or both.
2. 
Notification to the public of the procedures to be utilized for authorized removal of the cart from the premises of the business establishment.
3. 
Notification to the public that the unauthorized removal of the cart from the premises of the business establishment, or the unauthorized possession of the cart, is a violation of state and local law.
4. 
The address for returning a cart removed from the premises to the owner and the phone number to contact the owner or report the location of the cart.
B. 
Every cart owner shall continuously maintain or cause to be maintained the cart identification sign so that all of the required information is accurate and clearly legible.
C. 
Each cart owned or provided by a business establishment shall have the name of the owner of the cart or the name of the business establishment permanently affixed to at least two separate parts of the cart.
(Ord. 1959 § 2, 2022)
A. 
It is unlawful for any person (other than a cart owner or its authorized representative) to either temporarily or permanently removes a cart from the premises of an owner's business establishment, unless the cart owner authorizes its removal in writing.
B. 
It is unlawful to be in possession of a cart that has been removed from the premises of a business establishment unless it is in the process of being immediately returned to the owner.
C. 
This section does not apply to carts that are removed for the purpose of repair or maintenance.
(Ord. 1959 § 2, 2022)
Every owner that provides carts to customers for use on the premises of a business establishment shall develop and implement a written cart containment plan to prevent the unauthorized removal of such carts from the premises. The cart containment plan shall be provided to the city upon request and at a minimum include the following elements:
A. 
Written notice shall be provided to customers that the removal of carts from the premises is prohibited and a violation of state and local law.
B. 
Signs shall be placed in pertinent and highly visible locations near all exit doors and near parking lot exits used by business patrons warning customers that cart removal is prohibited and a violation of state and local law. Every owner of the business establishment shall continuously maintain or cause to be maintained such signs so that all of the required information is accurate and clearly legible.
C. 
Specific physical measures shall be implemented to prevent, deter, or impede the removal of carts from the premises. These measures shall include at least two of, but are not limited to, the following:
1. 
Mechanical disabling devices, including wheel locks, installed and maintained on all carts.
2. 
Having one or more designated employees assigned the responsibility to deter or stop customers from removing carts from the premises.
3. 
Preventing carts from being taken outside of the confines of the business unless accompanied by an employee of the business.
4. 
Requiring security deposits by customers for cart use.
D. 
All carts located on the premises of a business establishment (other than an establishment open for business 24 hours per day) shall be collected at the end of each business day, returned to an approved cart containment area, and secured in a manner that prevents removal until the commencement of the next business day.
E. 
All carts located on the premises of a business establishment that is open for business 24 hours a day, other than carts that are currently in use, shall be collected and returned to approved cart containment areas at least once per calendar day.
F. 
The owner of the business establishment shall implement and maintain a periodic training program for new and existing employees designed to educate such employees on the requirements of the business establishment's cart containment plan and the provisions of state and local laws prohibiting the unauthorized removal of carts from the premises of the business establishment.
(Ord. 1959 § 2, 2022)
Every business establishment that provides carts for customers use shall develop, implement, and carry out a specific retrieval plan to recover carts removed from the premises. The cart retrieval plan shall be provided to the city upon request and at a minimum include the following elements with a description of how the elements will be implemented:
A. 
The owner of the business establishment shall provide retrieval personnel assigned to the retrieval of lost, stolen, or abandoned carts. This can include licensed independent cart retrieval services.
B. 
The owner of the business establishment shall provide retrieval personnel in sufficient number to assure all public streets, sidewalks, bus stops, and parks within a two miles radius of the business premises are patrolled and all carts retrieved no less than once every 24 hours.
C. 
The owner of the business establishment shall provide a written report to the city manager's designee on the tenth day of every month specifying the number of carts retrieved by retrieval personnel during the prior month.
D. 
The owner of the business establishment shall provide the city manager's designee with a contact phone number to report abandoned carts. This phone number shall be available seven days a week.
E. 
If notified by an enforcement official, the owner of the business establishment shall ensure that any abandoned cart is removed within 24 hours of the notification.
(Ord. 1959 § 2, 2022)
A. 
In accordance with California Business and Professions Code Section 22435.7, the city shall notify the owner of any abandoned cart (that has affixed to it the cart identification required by Section 9.62.050(A)) if the city in-tends to remove the cart from public or private property or impound such cart.
B. 
Carts without the cart identification affixed to it as required by Section 9.62.050(A) may be removed from street, sidewalks, and other public locations immediately by the city and any enforcement official. Such carts may be destroyed.
(Ord. 1959 § 2, 2022)
A. 
Any violation of this chapter is hereby declared to be unlawful and a public nuisance.
B. 
Any party who engages in a violation of this chapter, or who owns, possesses, controls, or has charge of any parcel of real property or business in the city upon which a violation of this chapter is maintained, shall be subject to the penalties and remedies provided by this section.
C. 
Any violation of this chapter shall constitute a separate offense for each and every day the violation occurs or persists.
D. 
Each cart in violation of this chapter shall constitute a separate offense.
E. 
Any person in violation of any provision of this chapter shall be guilty of a misdemeanor and shall be punishable by a fine of up to $1,000.00 and up to six months imprisonment per offense.
F. 
Whenever an enforcement official determines that a violation of this chapter has occurred, the enforcement official shall have the authority to issue an administrative citation to each responsible party for that violation. The maximum corresponding administrative fine imposed shall be $100.00 for the first offense, $200.00 for the second offense within 12 hours, $500.00 for the third offense within 12 hours, and $1,000.00 for each subsequent offense within 12 hours. Any enforcement official shall be authorized to enforce this subsection by any means authorized by law, including, but not limited to, the following, zip-tying, tagging, photographing, and documenting location of carts.
G. 
These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the city, including, but not limited to, those provided in Chapters 1.16 and 1.20 of this code.
(Ord. 1959 § 2, 2022)