Antioch Municipal Code Ch. 22 Shopping Cart Retrieval and Prevention of Removal

(A) In enacting this chapter, the city hereby finds that abandoned shopping carts are unsightly, accumulate over time on public and private property causing blight and similar conditions resulting in reduction of property values, interfere with pedestrian and vehicular traffic and constitute a public nuisance detrimental to the public health, safety and welfare.

(B) The purpose of this chapter is to facilitate the removal of wrecked, dismantled and abandoned shopping carts and parts thereof from public and private property, to return carts to their rightful owners, and to ensure that measures are taken by cart owners to prevent the removal of shopping carts from store premises; collectively alleviating the safety hazards, unsafe conditions and the impairment of property values resulting from the abandonment of such carts. This chapter implements the provisions of Cal. Business and Professions Code §§ 22435 et seq.

(Ord. 2114-C-S, passed 2-23-16)

This chapter applies to:

(A) Each business owner in the city, if the business provides shopping carts for customer use at any one business location; and

(B) Any person in possession of a shopping cart.

(Ord. 2114-C-S, passed 2-23-16)

For the purposes of this chapter, the following words and phrases shall have the following meanings:

DIRECTOR. The Community Development Director.

OFF-SITE SHOPPING CART. Any shopping cart of part thereof which has been removed from the premises of the owner of the shopping cart without the owner's written consent and which is located on either public or private property, except shopping carts which are removed from such premises for the purpose of repair or maintenance and which are in the possession or custody of the party to whom they have been released.

OWNER. Any person, firm, partnership, corporation, association or other entity which owns, possesses or makes a shopping cart available for the use of the owner's customers or the public in connection with the management and operation of the owner's business. For purposes of this chapter, OWNER shall also include the owner's on-site business manager or designated agent that provides shopping carts for use by owner's customers or the public.

PREMISES. The entire area owned, utilized or under the control of the business establishment that provides shopping carts for use by customers, including any parking area or other off-street area provided by or for use by a customer of said business establishment.

PREVENTION OF SHOPPING CART REMOVAL FORM. A form provided by the city to an owner of a business with a shopping cart that the owner must complete, providing contact information for the owner's business, information regarding the shopping carts owned by the business and information regarding methods used by the business owner to deter cart removal from the business premises. The information provided on the form shall be used to assist the city in notifying owners of found off-site shopping carts.

SHOPPING CART. A basket which is mounted on wheels of a similar device generally used in a retail establishment by a customer for transporting goods of any kind, including but not limited to, grocery store carts.

UNIDENTIFIABLE SHOPPING CART. Any shopping cart that does not have a shopping cart identification sign as provided herein.

(Ord. 2114-C-S, passed 2-23-16)

Every owner shall permanently affix to each shopping cart owned or provided by owner a sign that includes the following information:

(A) The identity of the owner of the shopping cart or the business establishment to which it pertains, or both;

(B) The city may only enforce the provisions of the following section of this chapter if the sign on the shopping cart also includes the following information:

(1) A valid telephone number and address for returning the shopping cart to its owner or to the business establishment identified thereof;

(2) Notice to the public that the unauthorized removal of the shopping cart from the premises of the business establishment, or the unauthorized possession of the shopping cart, is a violation of state law.

(Ord. 2114-C-S, passed 2-23-16)

(A) It is unlawful for any person to do any of the following if a shopping cart has a permanently-affixed sign pursuant to § 5-22.04:

(1) To remove a shopping cart from the premises of a business establishment with the intent to temporarily or permanently deprive the owner of its possession;

(2) To leave or abandon a shopping cart at a location other than the premises of the retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the shopping 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 on a shopping cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;

(4) To be in possession of any shopping cart while that shopping cart is not located on the premises of the owner's business establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the shopping cart.

(B) These provisions do not apply to the owner of a shopping cart, or to their agents or employees, or to a customer of a retail establishment who has written consent from the owner of a shopping cart to be in possession of the shopping cart or to remove the shopping cart from the premises of the owner's business establishment or to do any of the acts specified in this section.

(Ord. 2114-C-S, passed 2-23-16)

Every owner of a business establishment providing shopping carts to customers shall complete a Prevention of Shopping Cart Removal Form. The Form shall be prepared and distributed by the Director.

(Ord. 2114-C-S, passed 2-23-16)

(A) All owners of businesses which provide shopping carts for customer use shall submit a Prevention of Shopping Cart Removal Form to the Director within 60 days after the effective date of the ordinance codified in this chapter.

(B) All new or relocated businesses which provide shopping carts for customer use shall submit a Form to the Director within 60 days after opening for business.

(Ord. 2114-C-S, passed 2-23-16)

(A) The city shall use the information provided on the Prevention of Shopping Cart Removal Form to notify owner of any off-site shopping cart found within the city, and shall provide the owner with the location of the off-site shopping cart and shall also inform the owner that the off-site shopping cart must be retrieved within three business days from the date that the owner receives actual notice from the city of the cart's discovery and location. The city may abate, remove and impound an off-site shopping cart that has a sign affixed to it as set forth in § 5-22.04 if the off-site shopping cart is not retrieved within three business days from the date the owner receives actual notice from the city of the shopping carts discovery and location.

(B) Alternatively, the city may immediately abate, remove and impound an off-site shopping cart that has a sign affixed to it as set forth in § 5-22.04 if the city provides the owner with actual notice within 24 hours following the impound and informs the owner of the location where the shopping cart may be claimed.

(C) If any shopping cart will impede emergency services, the city may immediately retrieve the shopping cart from public or private property.

(D) The city may, without notice, abate, remove, and impound any off-site shopping cart that lacks an affixed sign as required by § 5-22.04 if the owner of the off-site shopping cart cannot readily be determined from viewing the cart. If the owner of the unidentifiable cart has not been ascertained after 30 days in impound, the city may dispose of the cart and shall not be liable to any party for the value or loss of value of the cart.

(E) Any impounded off-site shopping cart shall be marked with a tag indicating the date and location of its discovery and shall be held at a location selected by the city that is reasonably located to the owner's business establishment and that is open for business at least six hours of each city business day. The city is not liable to any party for any damage to a stored off-site shopping cart.

(F) The owner of the off-site shopping cart, or agent, shall be provided actual notice within 24 hours following the impound of any off-site shopping cart, informing the owner or agent as to the location where the cart may be claimed.

(G) Any off-site cart reclaimed by the owner within three business days following the date the owner receives actual notice of the cart's discovery and location shall be released and surrendered to the owner at no charge whatsoever, including the waiver of any impound or storage fees or fines that would otherwise be applicable. Any off-site shopping cart not reclaimed by the owner within three business days shall be subject to any applicable impound and storage fees, commencing on the fourth business day following notice. The fee for impound and storage shall be established and modified by resolution of the City Council and shall include the actual cost of removal and storage of the cart, plus the proportionate share of administrative costs in connection therewith.

(H) An off-site shopping cart shall be released to the owner or to a contractor hired by the owner for the purpose of retrieving the cart. There shall be a presumption that the off-site shopping cart is owned by the business establishment designated on the cart.

(I) Any off-site shopping cart not reclaimed by the owner within 30 days of receipt following the date of actual notice may be sold or disposed of. The city retains the right to collect any cost associated with disposal of the off-site cart along with any applicable fees or fines.

(Ord. 2114-C-S, passed 2-23-16)

In addition to any other penalty or requirement set forth in this chapter, any owner who fails to retrieve off-site shopping carts pursuant to this chapter on three or more occasions within a specified six-month period shall be subject to a $50 fine for each occurrence. An occurrence includes all off-site shopping carts owned by the owner that are impounded by the city within a one-day period. All penalties and fines shall be due and payable to the city within 30 days after issuance of the penalty or fine.

(Ord. 2114-C-S, passed 2-23-16)