Atwater Municipal Code Ch. 8.30 Shopping Cart Abandonment

As used in this chapter:

A. Street. A street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, cross walk, sidewalk, park, parking lot, parking area, and place used by the general public.

B. Person. Any person, corporation, partnership, association, joint stock company, and other entity capable of being sued.

C. Cart. A basket which is 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.

D. Abandoned Cart. Any cart that has been removed without written consent of the owner of the cart from the premises of the business establishment which owns the cart, regardless of whether it has been left on either private or public property. This provision shall not apply to carts that are removed for purposes of repair or maintenance.

E. Owner. A person or business establishment owning or using shopping carts in connection with its business.

(Ord. CS 807, Added, 8-26-2002)

There shall be posted by the owner of any retail establishment furnishing a parking area and shopping carts or laundry carts for its customers, prominently and conspicuously, a notice in substantially the following form:

"REMOVAL OF SHOPPING CARTS (OR LAUNDRY CARTS, IF APPLICABLE), FROM THESE PREMISES IS PROHIBITED BY LAW (AMC CHAPTER 8.30) AND WILL SUBJECT THE VIOLATOR TO A MAXIMUM FINE OF $100.00."

(Ord. CS 807, 8-26-2002)

It shall be unlawful for any person except the owner of the cart or the owner's agent to remove the cart from the premises of the business that owns or rightfully possesses the cart.

(Ord. CS 807, 8-26-2002)

It shall be unlawful for any person, or an agent thereof, to leave or permit to be left, any cart, either owned by him/her or in his/her possession, custody or control, upon any sidewalk, street, or other public place, or upon any private property, except that of the owner of such cart.

(Ord. CS 807, 8-26-2002)

It shall be unlawful for any person, or an agent thereof, to be in possession of any cart while that cart is not located on the premises or parking lot of a retail establishment without the express written consent of the owner of the cart.

(Ord. CS 807, 8-26-2002)

Every owner who allows or intends to allow the use of carts outside the building of a business shall develop and implement a specific plan to prevent customers from removing carts from the business premises. The plan must include the following elements:

A. Notice to Customers. Written notification shall be provided to customers that removal of carts from the premises and parking lots is prohibited and a violation of state and local law. This notice may be provided in the form of flyers, warnings on shopping bags, or any form of written notification that will effectively notify customers of the prohibition;

B. Signs. Signs shall be placed in pertinent places as required by Section 8.30.020.

C. Mandatory Cart Retrieval. In addition to the above provisions, an owner must provide to and have approved by the City, a plan to provide for retrieval of abandoned carts by its employees, or have entered into a contract for cart retrieval services that is approved by the City.

(Ord. CS 807, 8-26-2002)

A. Notification for Retrieval of Abandoned Carts. The City shall notify the owner of any abandoned carts owned or used by the business establishment that have been located within the City. The owner shall have three days from the date the notification is given to retrieve the carts from the specified location. The City shall keep a record of notifications for retrieval of abandoned carts for purposes of determining the effectiveness of the plans to prevent the removal of carts.

B. Administrative Costs and Fines. Any owner that fails to retrieve its abandoned cart(s) after receiving the three-day notice by the City, shall pay the City's administrative costs for retrieving the cart(s) and providing the notification to the owner. Such costs shall be set forth in a Resolution establishing fees and charges for various municipal services. Any owner that fails to retrieve abandoned cart(s) within three days shall be subject to a $50.00 fine for each occurrence in excess of three during a specified six-month period. An occurrence includes all carts owned by the owner that are impounded by the City in a one-day period.

C. Alternative Provisions Regarding Retrieval of Abandoned Carts. Notwithstanding Section 8.30.070.A, the City may impound an abandoned cart without providing the three-day notice, provided that the owner is provided with actual notice within 24 hours following the impound and the notice informs the owners as to the location where the cart may be claimed. Any cart reclaimed by the owner within three business days following the date of actual notice shall be released to the owner without charge. Any cart not reclaimed by the owner within three business days following actual notice shall be subject to the fees and penalties set forth in Section 8.30.070.B.

D. Disposition of Carts After 30 Days. Any cart not reclaimed from the City within 30 days after notification to the owner shall be sold or otherwise disposed on by the City.

(Ord. CS 807, 8-26-2002)

A violation of this chapter shall constitute an infraction punishable by law and subject to fine.

(Ord. CS 807, 8-26-2002)

REMOVING SHOPPING CARTS FROM STORE PROPERTY OR PARKING LOTS IS A CRIME!

(UNLESS YOU HAVE WRITTEN PERMISSION FROM THE BUSINESS OWNER)

PUNISHABLE WITH A ONE HUNDRED DOLLAR ($100.00) FINE FOR THE FIRST OFFENSE. REPEAT VIOLATIONS MAY RESULT IN HIGHER FINES.

(AMC, Chapter 8.30)

Please do your part and do not remove shopping carts from the store premises and abandon them in the neighborhoods. Please help us to increase the livability and desirability of the neighborhoods throughout the City of Atwater.

* Abandoned Shopping Cart Hotline 357-6358*

CITY OF ATWATER

EL QUITAR LAS CARRETAS DE COMPRAS DE LAS TIENDAS O DE LA PROPRIEDAD DE LAS TIENDAS ES UN CRIMEN!

(SOLO SI OBTIENE UN PERMISO ESCRITO DEL DUEÑO DEL NEGOCIO)

CASTIGABLE CON UNA MULTA DE CIEN DOLARES ($100.00) PARA LA PRIMERA OFENSA. LAS VIOLACIÓNES DE REPETICIÓN PUEDEN TERMINAR EN MULTAS MAS ALTAS.

(AMC, Capítulo 8.30)

Por favor haga su parte con no quitar las carretas de compras de los locales de tienda y abandonarlas en las vecindades. Ayude a mejorar las vecindades en toda la Ciudad de Atwater.

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* Teléfono directo de carretas abandonadas es 357-6358*

CITY OF ATWATER