This chapter is known as the "City of Encinitas Shopping Cart
Ordinance".
(Ord. 2023-07, 1/17/2024)
The purpose of this chapter is to promote the public health,
safety, and general welfare of the community by requiring owners to
contain shopping carts on their premises and to make it unlawful for
a person to remove a shopping cart from a premises.
(Ord. 2023-07, 1/17/2024)
For purposes of this chapter the terms below have the following
meaning:
means the City of Encinitas.
means the City Manager of the City or designee.
means a shopping cart to which ownership and other required
information has been affixed as pursuant to Business and Professions
Code Section 22435.1.
means and incudes verbal notice given to an owner and/or
an owner's retrieval service and/or written notice delivered
to the address of an owner or retrieval service.
means any person, entity, firm, business, corporation, partnership,
company, or similar entity who, in connection with the conduct of
a business, owns, leases, possesses, uses, or otherwise makes five
or more shopping carts available for customer or public use withing
the boundaries of the business' premises. Owner shall also include
the owner's on-site or designated agent.
means any natural person, business, corporation, or event
organizer or promoter; public, nonprofit, or private entity, agency,
or institution; or partnership, association or other organization
or group, however organized.
means the entire area owned, maintained, used or managed
by the owner, including the building, parking lot, walkways, or other
property for customer use or parking.
means a nonmotorized basket mounted on wheels or a similar
device generally used in a retail establishment by a customer for
the purpose of transporting goods of any kind.
(Ord. 2023-07, 1/17/2024)
It is unlawful for any person, either temporarily or permanently,
to remove a marked shopping cart from a premises or be in possession
of a marked shopping cart that has been removed from a premises without
the written consent of the owner. This does not apply to shopping
carts removed, as authorized by the owner, for purposes of repair,
maintenance, or disposal.
(Ord. 2023-07, 1/17/2024)
It is unlawful and a public nuisance for any shopping cart owner
to allow one or more of the owner's shopping carts to be abandoned
or remain unattended on any private property (except the premises
of the shopping cart owner), or any City street, right-of-way, alley,
sidewalk, facility, park, beach, open space or other public property
for any period of time, and/or fail to recover, retrieve and/or remove
a shopping cart or carts therefrom within two business days following
notification by the City Manager to the owner and/or their retrieval
service of the location of the shopping cart.
(Ord. 2023-07, 1/17/2024)
A.
Shopping Cart Ownership Identification. Each owner must permanently
affix ownership information to each shopping cart that includes the
owner's name, address, phone number and other information as
required by Business and Professions Code Section 22435.1.
(Ord. 2023-07, 1/17/2024)
A.
All owners are required to implement physical shopping cart containment
measures and/or enter into an agreement with a shopping cart retrieval
service consistent with the following provisions.
1.
Physical shopping cart containment measures must include at least
one of the following:
a.
Physical disabling devices on all shopping carts;
b.
Security deposit requirement for use of shopping carts;
c.
Use of a security guard or security service to prevent removal
of shopping carts from the premises;
d.
Installation of bollards, chains, or other physical barriers
to prevent removal of shopping carts from the premise; or
e.
Any combination of the above measures as necessary to effectively
prevent the removal of shopping carts from the premises.
2.
Shopping cart retrieval service agreements must meet the following
requirements:
a.
Each owner that elects to secure a shopping cart retrieval service
agreement must continuously maintain an agreement with a shopping
cart retrieval service to search for, locate, and return shopping
carts removed from the premises. Self-service cart retrieval is not
an allowable option.
b.
Shopping cart retrieval service agreements must require that
shopping carts located off premises, regardless of distance, jurisdictional
boundary, or reporting party, will be located, and returned no later
than two business days after the owner or retrieval service has been
notified.
(Ord. 2023-07, 1/17/2024)
Any owner must lock or otherwise effectively secure all shopping
carts during hours when the premises are not open for business.
(Ord. 2023-07, 1/17/2024)
A.
All owners shall submit a Shopping Cart Containment Plan, to the
satisfaction of the City, no later than 30 days after the effective
date of this ordinance. The Shopping Cart Containment Plan shall include:
1.
Identification of the Owner. The name, address, phone number, of
the business establishment and the owner.
2.
Shopping Cart Inventory. The total number of shopping carts maintained
on the premises.
3.
Shopping Cart Ownership Identification and Shopping Cart Removal
Warning Signs. A description of required ownership identification
and removal warning signs, including a description of the location
of sign placement.
4.
a.
Physical Shopping Cart Containment Measures. A description of
physical shopping cart containment measure(s), consistent with Section
9.85.070(1) of this Ordinance; or
b.
Shopping Cart Retrieval Service. Shopping cart retrieval service
agreement information including the name of the service provider and
all direct contact information including contact name, address, phone
number, and e-mail address. Provided that all required information
is included, a copy of the current and fully executed service agreement
may be submitted to fulfill this requirement.
5.
Shopping Cart Security. Verification that shopping carts are locked
or otherwise secured during hours when the premises are not open for
business.
B.
All owners shall annually certify that all information provided in
the shopping cart containment plan is accurate and true. Owners shall
provide updated information to the City as needed to ensure accurate
information is maintained and current, and to ensure that all related
requirements are being satisfied.
(Ord. 2023-07, 1/17/2024)
A.
The City may retrieve an abandoned shopping cart from public property,
or private property with the consent of the owner thereof, including,
but not limited to, in any of the following circumstances:
1.
When a shopping cart is abandoned in a location or in such a manner
that may impede the provision of emergency services.
2.
When a shopping cart is abandoned in a location or in such a manner
that creates a hazard to the public, health, safety and/or welfare.
3.
When the City has notified the shopping cart owner and/or an owner's
retrieval service of an abandoned shopping cart, and the cart has
not been retrieved within two business days.
(Ord. 2023-07, 1/17/2024)
A.
Any violation of this chapter is a misdemeanor and may also be enforced by an administrative citation pursuant to Section 1.08.080.
B.
Each violation of this chapter shall be considered a separate offense.
(Ord. 2023-07, 1/17/2024)
Nothing in this chapter is intended to or shall be interpreted
as conflicting with any federal or state law or regulation.
(Ord. 2023-07, 1/17/2024)
