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)
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)
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]