Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the city of Temecula. The accumulation of wrecked, dismantled and abandoned shopping carts on public or private property also tends to create conditions that reduce property values, promoting blight and deterioration in the city. The intent of this chapter is to ensure that measures are taken by store owners to prevent the unauthorized removal of shopping carts from store premises and parking lots, to make the removal of shopping carts a violation of this code and to facilitate the retrieval of abandoned shopping carts as permitted by state law. Further, this chapter is intended to supplement existing state law regarding shopping carts as set forth in California Business and Professions Code Section 22435, et seq.
(Ord. 22-10 § 1)
The following words and phrases, whenever used in this chapter, shall mean as follows:
"Abandoned shopping cart"
means any shopping cart that has been removed without written permission of the owner or on-duty manager from the premises of the business establishment, regardless of whether it has been left on either private or public property.
"Applicant"
means any person who seeks to obtain a business license pursuant to the procedures and requirements of this chapter.
"City"
means the city of Temecula.
"Customer"
means any person who enters the premises of a retail establishment.
"Director"
means the director of community development, or such other director or officer designated by the city manager to administer this chapter.
"Enforcement personnel"
means: (1) members of the Riverside County sheriff's department or such other police agency under contract to provide police services to the city; (2) persons employed by the city whose job descriptions require the person to enforce the provisions of this code, including, but not limited to, directors, senior planners, code enforcement officers, building inspectors, or park rangers; and (3) such other employees of the city as may be designated by the city manager.
"Owner"
means any person or entity, who in connection with the conduct of a business, owns, leases, possesses, uses, or otherwise makes any cart available to customers or the public. For purposes of this chapter, "owner" shall also include the owner's on-site or designated agent that provides the carts for use by its customers.
"Premises"
means the entire area owned or leased and utilized by the business establishment that provides shopping carts for use by customers, including a parking lot or other property provided by the owner for customer parking.
"Shopping cart" or "cart"
means a basket, including, but not limited to, a grocery store shopping cart, which is mounted on wheels or a similar device provided by a business establishment for use by a customer for the purpose of transporting goods of any kind.
(Ord. 22-10 § 1)
A. 
All businesses whose business operations would provide any shopping cart(s) for customer or public use.
B. 
Any person in possession of a shopping cart off the owner's premises and without the owner's written permission pursuant to the provisions of Section 9.80.040.
C. 
This chapter shall not apply to shopping carts that are removed by an authorized servicer for repair and/or maintenance.
(Ord. 22-10 § 1)
A. 
It is unlawful to either temporarily or permanently remove a cart from the premises or parking area of a business establishment without the express prior written permission of the owner or on-duty manager of the business establishment.
1. 
Written permission shall be valid for a period not to exceed seventy-two hours.
B. 
It is unlawful to be in possession of a cart that has been removed from the premises or parking area of a business establishment unless it is in the process of being immediately returned to the owner or business establishment.
(Ord. 22-10 § 1)
Every owner who provides any shopping carts for customer use shall implement, and maintain the following theft prevention measures:
A. 
Signs.
1. 
Required Signage on All Shopping Carts.
(a) 
Identifies the owner of the cart or the name of the business establishment, or both;
(b) 
Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises;
(c) 
Notifies the public that the unauthorized removal of the cart from the premises or parking area of the business establishment is a violation of state and city of Temecula law;
(d) 
Lists a telephone number to contact and report the location of the abandoned cart; and
(e) 
Lists an address for returning the cart to the owner or business establishment.
2. 
Required Signage on Premises.
(a) 
Every business that owns or provides carts for the use of its customers within the city of Temecula shall post conspicuous and legible signs at or near each entrance to its parking lot and the public entrance doors to its store notifying its customers that removal of carts from the premises is prohibited and constitutes a violation of Business and Professions Code Section 22435.2 et seq. and this chapter.
B. 
Theft Prevention Measures. Specific prevention measures shall be implemented by owners to prevent shopping cart removal from the premises. Allowed measures include:
1. 
Installing perimeter disabling devices on all shopping carts; or
2. 
Security deposit required for use of all shopping carts; or
3. 
The rental or sale of shopping carts that can be temporarily or permanently used for transport of purchases; or
4. 
Any combination of the above measures as necessary to effectively prevent shopping cart removal from the premises to the satisfaction of the director.
C. 
Any other active or passive theft prevention measure(s) deemed necessary by the director to ensure compliance with this chapter.
D. 
Exemptions. Subsection B of this section shall not apply to businesses that supply shopping carts:
1. 
In quantities of less than ten;
2. 
That have a physical device installed that prevent said cart from leaving the store.
E. 
Exemptions from physical measure implementation stated within subsection D of this section, shall not be applicable for any business whose shopping cart(s) was located off site more than three times in any twelve month period. Each shopping cart shall count as one occurrence.
(Ord. 22-10 § 1)
Every business owner who provides any shopping carts for customer use shall demonstrate, to the satisfaction of the director, that: (1) carts will be actively located within one mile of the business premises; and (2) that the owner shall respond to complaints from the public or notification from city enforcement personnel in a manner which results in the retrieval of carts within twenty-four hours of receiving the notification. An owner may contract with a vendor for cart retrieval services. Written authorization from the owner shall be maintained by the vendor and provided to any enforcement personnel upon request.
(Ord. 22-10 § 1)
All shopping carts shall be secured in a manner to prevent theft during the hours that the business establishment is not open for business.
(Ord. 22-10 § 1)
Any owner who has shopping carts equipped with disabling devices shall conduct regular maintenance to ensure the disabling devices are working properly. If at any time, the owner determines the disabling device installed on a shopping cart is not functioning properly, the shopping cart shall be pulled from circulation until it is repaired. The owner shall inspect, test, and repair all abandoned carts returned to the owner prior to making the returned shopping carts available for use.
(Ord. 22-10 § 1)
A business, which may not own, rent, lease, or otherwise possess its own shopping carts, but which receives a benefit by the use of shopping carts owned by other businesses, merchants, grocers, or other similar establishments, shall provide a location upon its premises for the storage of shopping carts and shall immediately contact the owner or owner's agent to retrieve any shopping carts that are left on the business's premises.
(Ord. 22-10 § 1)
A. 
Pursuant to California Business and Professions Code Section 22435.7, the city may impound any abandoned shopping cart when the shopping cart has a sign affixed as required by Temecula Municipal Code Section 9.80.050(A).
B. 
The city may retrieve and immediately dispose of any abandoned shopping carts that lack the signage required by Temecula Municipal Code Section 9.80.050(A).
(Ord. 22-10 § 1)
A. 
Violation of any provision this chapter is subject to enforcement pursuant to the provisions of Chapter 1.20 of Title 1 of this code. Violations are also subject to administrative citations pursuant to Chapter 1.21 of Title 1 of this code. The provisions of this chapter may be enforced by members of the Riverside County sheriff's department, persons employed by the city whose job descriptions require the person to enforce the provisions of this code, including, but not limited to, code enforcement officers, and such other enforcement officials as described in Sections 1.16.020 and 1.21.020 of this code or its successor sections.
B. 
Any business owner who provides any shopping carts for customers and is operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the city may, in addition to, or in lieu of, prosecuting a criminal or administrative action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such business establishment.
(Ord. 22-10 § 1)
A. 
All requirements set forth in this chapter are deemed to be necessary for the protection of the public health, safety, and welfare and shall be applicable to and govern all existing and proposed businesses that provide any shopping carts for customer use within one year after the adoption of the ordinance codified in this section.
B. 
Shopping carts may be replaced or upgraded as a complete set for the business or through attrition as they complete their lifecycles, so long as all shopping carts meet the requirements of this chapter by September 9, 2023.
(Ord. 22-10 § 1)
The city council hereby finds, determines and declares that:
A. 
The theft of catalytic converters has been an increasing problem in Riverside County and the city in recent years. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community. Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim. The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for the thefts.
B. 
This chapter is necessary to provide the city a means to protect the public, deter this criminal activity and promote a more productive use of city resources.
C. 
The purpose and intent of this chapter is to curb the theft of catalytic converters throughout the city and to provide the city with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts.
D. 
This chapter promotes the health, safety and general welfare of people in the city.
[Ord. 2024-01, 3/26/2024]
As used in this chapter, the following terms shall have the following meanings:
"Catalytic converter"
Means any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less-toxic pollutants.
"City"
Means the city of Temecula.
"Council"
Means the city council of the city of Temecula.
"Enforcement officer"
Means: (1) members of the Riverside County sheriff's department or such other police agency under contract to provide police services to the city; (2) persons employed by the city whose job descriptions require the person to enforce the provisions of this code, including, but not limited to, code enforcement officers, or park rangers; and (3) such other employees of the city as may be designated by resolution of the city council.
"Lawful possession"
Includes: (1) being the lawful owner of the catalytic converter; or (2) being in possession of the catalytic converter with the lawful owner's verifiable written consent. It is not required to prove the catalytic converter was stolen to establish the possession is an unlawful possession.
"Proof of ownership"
Means written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, which includes, but is not limited to, the following types of documents:
A. 
Bill of sale from the original owner with photographs.
B. 
Verifiable documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop.
C. 
Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
D. 
Photographs of the vehicle from which the catalytic converter originated.
E. 
Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number or driver's license number of registered vehicle owner.
[Ord. 2024-01, 3/26/2024]
Barring any provision of state law permitting the same, it is unlawful for any person to possess any catalytic converter which is not attached to a vehicle unless the person has a verifiable, valid proof of ownership of the catalytic converter.
A. 
This section does not apply to a detached catalytic converter that has been verifiably tested, certified, and labeled or otherwise approved for reuse, and is being bought or sold for purposes of reuse in accordance with the federal Clean Air Act (42 U.S.C. Section 7401 et seq.) and regulations under the Clean Air Act, as they may be amended from time to time.
B. 
It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show valid proof of ownership.
C. 
Evidence of unlawful possession may be presumed by the number of detached catalytic converters within one's possession and/or by the condition of the dismantled catalytic converter(s), including, but not limited to, the manner a catalytic converter has been detached or cut from a vehicle.
[Ord. 2024-01, 3/26/2024]
A. 
Misdemeanor Penalty. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the County Jail for a term not exceeding one year, or by both. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars and by imprisonment in the County Jail for one year.
B. 
Administrative Citations. Violations of this chapter are subject to administrative citations and penalties pursuant to Chapter 1.21 of the Temecula Municipal Code. The fine for such violations shall be one thousand dollars or such other amount as provided by resolution of the city council or applicable law.
C. 
State Penalties Apply. Nothing in this chapter shall be intended to limit any of the penalties provided for under California law, including, but not limited to, the Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters.
D. 
Separate Offenses. Acts, omissions, or conditions in violation of this chapter that continue, exist, or occur on more than one day constitute separate violations on each day. Acts, omissions, or conditions in violation of this chapter constitute separate violations for each and every catalytic converter in the person's possession that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter as required by this chapter. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this chapter. A person is deemed guilty of a separate offense for each and every violation of this chapter, or any portion thereof. Likewise, a person shall be deemed guilty of a separate offense for each and every catalytic converter in the person's possession that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter as required by this chapter.
[Ord. 2024-01, 3/26/2024]