Barstow Municipal Code Ch. 6.36 Shopping Carts

Footnotes:

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Editor's note— Ord. No. 938-2015, § 1, adopted September 21, 2015, amended chapter 6.36 in its entirety to read as herein set out. Former chapter 6, §§ 6.36.010—6.36.100, pertained to shopping carts. See Code Comparative Table for complete derivation.

State Law reference— Identification of shopping and laundry carts, Business and Professions Code § 22435 et seq.

The city council makes the following findings and declarations: The accumulation of wrecked, dismantled or abandoned shopping carts, or parts thereof, on public property is found to create a condition tending to reduce property values, to promote blight and deterioration, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to be aesthetically detrimental to the community and to be injurious to the health, safety and general welfare. Responsibility for minimizing or eliminating this impact rests with individuals who use shopping carts and the businesses which provide shopping carts for their patrons. Therefore, effective containment or control of the shopping carts shall be mandated, and the presence of wrecked, dismantled or abandoned shopping carts, or parts thereof, on public property, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. No. 938-2015, § 1, 9-21-2015)

The following word and phrases shall have the meanings ascribed to them unless otherwise noted:

Abandoned shopping cart means a shopping cart located outside the premises or parking lot or facility of the business establishment which furnishes the shopping cart for use by its patrons.

City Manager means the manager for the city or his/her designee.

Shopping cart means any basket of any size, mounted on wheels or a similar device, including parts thereof, provided by a store operator for the purpose of transporting goods of any kind within a business establishment or designated parking or loading area of that business establishment.

Shopping cart owner means the owner of the shopping cart, the agent of the owner of the shopping cart, including individuals or business entities, or the business establishment which furnishes the shopping cart for use.

Store premises mean the lot area, maintained and managed by the business, that may include the building, parking lot and adjacent walkways, and where the business' shopping carts are permitted.

(Ord. No. 938-2015, § 1, 9-21-2015)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the city manager and code enforcement of the city. In enforcing the provisions of this chapter, employees of the aforementioned departments may enter onto public property to examine a shopping cart or parts thereof, or to obtain information as to the identity of a shopping cart owner, and to remove, or cause the removal of, a shopping cart, or parts thereof, declared to be a nuisance pursuant to this chapter.

(Ord. No. 938-2015, § 1, 9-21-2015)

All shopping cart owners shall secure and continuously maintain a service to retrieve shopping carts which have been removed from their premises, and provide evidence thereof, to the city manager upon request.

(Ord. No. 938-2015, § 1, 9-21-2015)

(a) The provisions contained in title 6 of the Barstow Municipal Code related to shopping carts shall apply.

(b) Upon request, shopping cart owners shall provide to the city manager, including but not limited to, information concerning shopping cart use, loss and recovery specific to that business location, and such other information deemed reasonable by the city manager to determine the adequacy of the shopping cart containment system or control method.

(c) All shopping cart owners shall post a multilingual sign not less than 18 inches in width and 24 inches in height with block lettering not less than one-half inch in width and two inches in height in a conspicuous place on the building within two feet of all customer entrances and exits stating, at a minimum, the following:

REMOVAL OF SHOPPING CARTS

FROM THE PREMISES IS

PROHIBITED BY LAW.

B & P Code Section 22435.2

(d) Stores who have a high incidence of abandoned carts are required to secure installation of disabling devices on all shopping carts which prevent their removal from the owner's premises. A high incidence is defined when there is more than one occurrence of owner's carts abandoned for more than three business days.

(e) Cart identification is required. Every owner who, in connection with the conduct of a business, including but not limited to, a food dispensing business, retail business or laundry business, owns or makes any cart available to the public shall permanently affix a durable metal or plastic sign to such cart containing all the following information as required in the Business and Professions Code § 22435.1 as that statute now exists or may be amended hereafter.

(f) A cart that does not have a sign attached is presumed to be abandoned if it has been left standing unattended on any public property or private property other than the premises or parking area of the owner's business establishment. The city may impound such a cart, as provided in this chapter immediately upon discovery of the cart.

(Ord. No. 938-2015, § 1, 9-21-2015)

Procedures related to removal and possession of any shopping carts shall be pursuant to Business and Professions Code, §§ 22435.2—22435.5.

(Ord. No. 938-2015, § 1, 9-21-2015)

(a) Procedures related to authorization for abatement, removal and storage of abandoned shopping carts shall be pursuant to Business and Professions Code, § 22435.7.

(b) The administrative fees for the removal and storage of shopping carts shall be established or modified by resolution of the city council and shall include the actual cost of removal and storage of any shopping cart, or parts thereof, plus the proportionate share of administrative costs in connection therewith. The schedule for such fees shall remain on file and be available in the finance department of the city. The city manager shall review the fees charged for such service at least once annually, and may recommend changes to the council when the costs for such services make it appropriate.

(Ord. No. 938-2015, § 1, 9-21-2015)

Notwithstanding the provisions of chapter 1.01 of this Code, whenever in this chapter, any act is prohibited or declared unlawful or the doing of any act is required, or the failure to do any act is declared to be unlawful, it shall be a misdemeanor for each incident and/or each day of failure to comply.

(Ord. No. 938-2015, § 1, 9-21-2015)

Editor's note— Ord. No. 938-2015, § 2, adopted September 21, 2015, repealed §§ 6.36.090, 6.36.100, which pertained to impound and repeat violator fees. See Code Comparative Table for complete derivation.