Bakersfield Municipal Code Ch. 9.29 Shopping Carts—containment

Sections: 9.29.010 On-site shopping cart containment—Purpose.

9.29.020 Definitions. 9.29.030 Application. 9.29.040 Shopping cart containment requirement. 9.29.050 Containment methods. 9.29.060 Penalty.

It is the purpose of this chapter to prevent or reduce the accumulation of abandoned shopping carts in the city. Abandoned shopping carts cause visual blight in neighborhoods, reduce property values in communities, obstruct pedestrian and vehicular traffic in the public rights-of-way, and constitute a hazard to the health, safety, and general welfare of the public throughout the city of Bakersfield. Therefore, the following development standards apply to property owners of retail establishments that provide shopping carts on site for use by its patrons. (Ord. 5097 § 1, 2022)

Notwithstanding any provisions of this code to the contrary, the following definitions shall apply to this chapter:

A. “Shopping cart” means a basket of any size, mounted on wheels, rollers or a similar device, including parts, provided by a retail establishment for the purpose of transporting groceries or merchandise of any kind within a retail establishment or parking area of that retail establishment.

B. “Abandoned shopping cart” means a shopping cart left unattended, discarded or abandoned upon any private or public property other than the premises of the business establishment from which such shopping cart was removed, regardless of whether the shopping cart was removed with permission or consent of the owner.

C. “Retail establishment” means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer.

D. “Premises” means the area maintained, managed or used by a retail establishment that provides shopping carts for its patrons, including the building, parking area, and adjacent walkways.

E. “Parking area” means the parking lot or other property provided for use by its retail establishment patrons for parking automobiles or other vehicles.

F. “Shopping cart containment program” means a prevention plan for purposes of preventing unauthorized removal of shopping carts by any person from the premises of a retail establishment.

G. “Bollard” means an upright post consisting of a piece of timber, concrete, metal or similar material fixed firmly in an upright position that creates a narrowed passageway restricting the removal of shopping carts from the premises.

H. “Code enforcement” means the code enforcement of the city of Bakersfield or successor agency. (Ord. 5097 § 1, 2022)

The development standards and containment methods set forth herein to contain shopping carts on premises shall apply to all existing property owners of retail establishments that provide shopping carts on site for use by its patrons one hundred eighty days after the effective date of the ordinance codified in this chapter. All subsequent property owners of retail establishments shall comply immediately. (Ord. 5097 § 1, 2022)

All property owners of retail establishments that provide shopping carts on site for use by its patrons shall develop, implement and comply with a shopping cart containment program. (Ord. 5097 § 1, 2022)

A containment program shall include at least one of the following permitted methods to contain shopping carts on the premises:

A. Bollards. Installation of bollards;

B. Wheel Locking or Stopping Mechanisms. Equipping shopping carts with a wheel locking or stopping mechanism that is used in conjunction with an electronic or magnetic barrier along the premises of the retail establishment. The wheel locking or stopping mechanism must activate when the shopping cart crosses the electronic or magnetic barrier;

C. Customer Service. Designation of certain employees tasked to prevent the removal of shopping carts from the premises by assisting patrons with transporting groceries or merchandise to patrons’ vehicles and then returning shopping carts to the location where the retail establishment keeps the shopping carts for its patrons;

D. Shopping Cart Deposit. Obtaining a security deposit from customers for the on-site use of shopping carts;

E. Other Methods. Other methods for on-site containment so long as code enforcement has approved the system or method which would effectively contain or control shopping carts on the premises. (Ord. 5097 § 1, 2022)

Violation of any provision of this chapter may be punishable as an infraction or misdemeanor pursuant to Section 1.40.010, an administrative citation pursuant to Section 1.40.020, an abatement of public nuisance pursuant to Chapter 8.80 or any other available remedies allowed by law. (Ord. 5097 § 1, 2022)