Brentwood Municipal Code Ch. 5.74 Lost, Stolen, or Abandoned Shopping Carts

In enacting this chapter, the city council finds as follows:

A. The property values and the general welfare of the city are founded, in part, upon the appearance and maintenance of property located within the city.

B. 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. 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 purpose of this chapter is to ensure that measures are taken by store owners to prevent the 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 carts as permitted by state law.

C. This chapter is intended to supplement existing state law regarding shopping carts as set forth in Business and Professions Code Sections 22435 through 22435.8.

D. This chapter is reasonably related to the proper exercise of the city's police power and protects the health, safety, and general welfare of the public.

(Ord. 1057 § 2, 2023)

For purposes of this chapter, the following words and phrases will have the meanings set forth below:

"Abandoned shopping cart"

means any shopping cart that is removed from a business establishment's premises, as identified by the affixed sign, without the written authorization or consent of the cart's owner and located on either public or private property.

"Cart"

means a basket mounted on wheels or a similar device generally used by a customer for the purpose of transporting goods of any kind within a retail establishment or designated parking or loading area of that business establishment.

"Enforcement officer"

means any police officer, code enforcement officer, or other city employee authorized to enforce the provisions of this chapter.

"Owner"

means any person who owns or provides shopping carts for use by customers in connection with the operation of a business.

"Person"

means any natural person or legal entity, however formed, as well as any trustee, heir, executor, administrator, receiver, or assign, or any combination of such persons.

"Premises"

means the entire area owned and utilized by a retail establishment that provides shopping carts for use by customers, including any parking lot or other off-street area provided by an owner, or shared with other retail establishments, for use by customers for parking automobiles or other vehicles.

(Ord. 1057 § 2, 2023)

This chapter applies to all businesses located in the city that provide shopping carts for customer use, and to all shopping carts on and off the premises of businesses within the city. All businesses that provide twenty-five or more shopping carts for customers must comply with Section 5.74.090, Shopping cart prevention and retrieval plan.

(Ord. 1057 § 2, 2023)

A. Any enforcement officer has the authority to administer and enforce this chapter.

B. The city manager may adopt supplemental regulations or policies to implement and interpret this chapter. These regulations or policies must conform with the purpose of this chapter.

C. To the extent otherwise permitted by law, an enforcement officer may enter onto any public or private property in the city to retrieve, remove, store, and dispose of any lost, stolen, or abandoned shopping cart, or any part thereof.

(Ord. 1057 § 2, 2023)

A. It is unlawful for any person to temporarily or permanently remove a cart from a business premises or parking area of a business establishment without the express prior written approval of the owner or on-duty manager of the business establishment.

B. It is unlawful for any person to be in possession of a cart that has been removed from a business premises or parking area of a business establishment.

C. An owner may permit customer off-premises use of a shopping cart for transportation of purchased items. The authorization must be in writing with date(s) and time(s) of authorized use. Any shopping cart taken off premises must be returned to the owner's premises within seventy-two hours.

D. Removal or possession of a cart for the purpose of repair, maintenance, or disposal is exempt from this section.

(Ord. 1057 § 2, 2023)

Pursuant to Section 22435.1 of the Business and Professions Code Section 22435.1, every shopping cart owned or provided by an owner must have a sign permanently affixed to the shopping cart that includes the following information:

A. The cart owner's name, business address, and phone number;

B. Notice of the procedure to be utilized for authorized removal of the shopping cart from the premises;

C. Notice that unauthorized removal of the shopping cart from the premises or parking area of a retail establishment, or the unauthorized possession of the shopping cart, is a violation of state law and this chapter; and

D. A valid telephone number and address for returning the shopping cart removed from the business premises or parking area of a business establishment to the owner.

(Ord. 1057 § 2, 2023)

A. Every shopping cart owner must lock or otherwise securely contain all shopping carts of the owner after business hours in a manner that prevents theft or removal from the premises. All shopping carts located on the premises of a retail establishment, other than an establishment open for business twenty-four hours per day, must be collected at the end of each business day by the owner, employees, or authorized agents of the retail establishment and be collectively confined in a secured manner in a designated cart confinement area on the premises until the commencement of the next business day.

B. All shopping carts located on the premises of any retail establishment open for business twenty-four hours per day, other than carts then currently in use by a customer, must be collected by the owner, employees, or authorized agents of the retail establishment and returned to a designated cart confinement area on the premises at least twice per calendar day between the hours of twelve p.m. (noon) and twelve a.m. (midnight) on each day the retail establishment is open for business. This section does not apply to:

1. Shopping carts located within an enclosed building;

2. Shopping carts removed from the premises of a retail establishment for purposes of repair or maintenance that are in the possession or custody of the party to whom removal has been authorized in writing by the shopping cart owner; or

3. Shopping carts being transported by the owner, or an officer, employee, or authorized agent of the owner, to or from a business location of the owner.

C. All abandoned shopping carts that are found off premises must be retrieved as soon as practicable by the owner, or an authorized agent of the owner, including a cart retrieval service retained by the owner. The city will notify the owner of an abandoned shopping cart when such shopping cart is located in a place that can be accessed safely by the owner. Such notice, which will include the cart's location, may be given by telephone, e-mail, or text message to the owner or owner's agent designated in the abandoned shopping cart prevention and retrieval plan, if an approved plan is in place. Within three business days from the date the owner of the cart is provided with notice by the city that an abandoned shopping cart of the owner has been located, the owner or agent will cause the identified shopping cart(s) to be retrieved.

D. Persons retained to perform shopping cart retrieval services must carry written authorization from the owner to be presented upon request by the city manager. Vehicles used by retrieval services must bear conspicuous signs identifying the name of the cart retrieval service.

(Ord. 1057 § 2, 2023)

A. Impoundment Pursuant to State Law. The enforcement officer may immediately retrieve and impound any shopping cart, in accordance with the provisions outlined in Business and Professions Code Section 22435.7.

B. Impoundment Following Three-Day Notice. A shopping cart that has a sign affixed to it in accordance with the provisions of this chapter and Business and Professions Code Section 22435.1 may be impounded by the city provided both of the following conditions are met:

1. The shopping cart is located outside the business premises or parking area of the business establishment. The parking area of a business establishment located in a multi-store complex or shopping center shall include the entire parking area used by the complex or center.

2. Except as provided in subsection C of this section (Impoundment Without Three-Day Notice), the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city of the shopping cart's discovery and location.

C. Impoundment Without Three-Day Notice. The city may retrieve and impound any abandoned shopping cart without first giving three days' notice provided:

1. The enforcement officer provides actual notice to the owner, or their agent, of the impoundment of the shopping cart within twenty-four hours following the impound;

2. The notice informs the owner, or their agent, of the location where the shopping cart may be claimed;

3. Any shopping cart reclaimed by the owner, or their agent, within three business days after the date of actual notice to the owner, or their agent, of the impound, must be released and surrendered to the owner, or their agent, at no charge, including the waiver of any impound and storage fees or fines which otherwise would be applicable; and

4. The shopping cart is held at a location that is both: (a) reasonably convenient to the owner of the shopping cart, and (b) open for business at least six hours of each business day.

D. Immediate Retrieval and Impoundment by City for Impeding Emergency Services. The enforcement officer may immediately retrieve and impound any shopping cart from public or private property if the location of the shopping cart impedes emergency services.

E. Any cart reclaimed by the owner or their agent within three business days from the date the owner of the shopping cart, or their agent, is given actual notice by the city of the shopping cart's discovery and location, or impoundment, will not be deemed an occurrence for purposes of this chapter.

F. It is unlawful for any owner of any shopping cart to fail to reclaim a shopping cart within three business days after the date the owner has been given actual notice by the city of the shopping cart's discovery and location, or impoundment. Such an owner is subject to prosecution or the imposition of administrative costs, fees, fines, interest and other penalties applicable under this chapter commencing four business days after the date of notice.

(Ord. 1057 § 2, 2023)

A. Compliance Approved Plan Required. Every owner who provides, or intends to provide, twenty-five or more shopping carts to customers must develop, implement, and comply with the terms and conditions of an approved plan that provides for the prevention of and retrieval of unauthorized shopping cart removal from a business premises.

B. Plan Contents. At minimum, the prevention and retrieval plan must include the following:

1. Preliminary Information. The name of all owners, the business name, the physical address where the business is conducted, and the name, address, email address, and phone number(s) of the on-site and off-site owner, if different.

2. Inventory of Carts. A complete list of all shopping carts maintained on or in the premises.

3. Community Outreach. A description of a community outreach process under which the owner will cause notice to be provided to customers that the removal of shopping carts from the premises is prohibited and is a violation of state and city ordinance. This notice may include, but is not limited to, flyers distributed at the premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exits, direct mail, announcements using intercom systems at the premises, website or other means demonstrated to be effective to the reasonable satisfaction of the city manager.

4. Cart Identification. Signs and shopping cart identification requirements must conform to state law. Owners will attach an example of the proposed shopping cart ownership identification sign that must conform to Business and Professions Code Section 22435.1.

5. Languages. The information required above must be provided in English and Spanish, and in such other language(s) the city manager may reasonably require.

6. Loss Prevention Measures. A description of the specific measures that the owner will implement to prevent shopping cart removal from the owner's premises may include, but are not limited to, electronic or other disabling devices on the shopping carts so they cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return the shopping carts to the store, use of security personnel to prevent removal, security deposit for use of shopping cart, or other demonstrable measures acceptable to the city manager that are likely to prevent shopping cart removal from the premises. Cart owners must conduct regular maintenance to ensure any disabling devices and security deposit systems are working properly. If at any time a cart owner determines the disabling device installed on a cart is not working properly, the cart must be pulled from circulation until it is repaired. The cart owner must inspect, test, and repair an abandoned cart returned to the owner before making the returned cart available for use.

7. Employee Training. A description of an ongoing employee training program that will be implemented by the owner must be designed to educate new and existing employees on the plan and any conditions contained therein at least annually.

8. Mandatory Cart Retrieval. A plan for retrieval of abandoned shopping carts by the owner within three business days after knowing of a cart's removal from the owner's premises or after receiving notice from the city that the shopping cart has been abandoned.

C. Review and Approval of Plans. Each prevention and retrieval plan will be evaluated by, and must be approved by, the city manager. The city manager may deny the plan if the requirements of this chapter have not been satisfied. The city must serve the applicant with a written notice of denial. The notice must state the reasons for the denial to assist the owner with obtaining plan approval. An owner must submit a new prevention plan within fifteen days of receiving a notice of denial. The city manager may impose conditions on the approval of a plan, if they determine it to be reasonably necessary to ensure compliance with the requirements of this chapter. Such conditions may include disabling devices on all carts used by the business in order to prevent removal of carts from the business premises and parking lots.

D. Plan Validity. A prevention and retrieval plan is valid upon approval and continues in effect until a change in ownership. A prevention and retrieval plan approved under this chapter is valid only as to the owner and approved location, and is therefore nontransferable to other persons or locations.

E. Plan Amendments. If an owner proposes any amendment in the operations or information in an approved plan, the owner must notify the city in writing of any such proposed amendment, and the proposed amendment must be approved by the city manager before the amendment takes place.

F. Plan Revocation or Modification. The city manager may revoke or modify an approved prevention and retrieval plan in any of the following circumstances:

1. The owner has failed to comply with the requirements of this chapter or the approved prevention and retrieval plan.

2. The revocation or modification is reasonably necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare.

G. Existing Owners. Upon adoption of this chapter, owners of existing businesses subject to the plan requirement must submit a plan for approval within thirty days of receiving notice from the city that such a plan is required.

(Ord. 1057 § 2, 2023)

It is the responsibility of the owner to ensure that the business complies with the prevention and retrieval plan at all times. In construing and enforcing this chapter and any regulations promulgated under this chapter, the act, omission, or failure of an agent, officer, representative, or other person acting for or employed by an owner, within the scope of their employment or office, will in every case be deemed the act, omission, or failure of the owner.

(Ord. 1057 § 2, 2023)

The city may immediately sell or otherwise dispose of any cart that meets one of the following conditions:

A. That is not reclaimed from the city within thirty days of notification to the owner, or the owner's agent, of the cart's discovery and location, or impoundment.

B. The owner of the cart cannot be determined for any reason, including if the cart fails to have the identification required by state law or this chapter.

C. If the cart's condition renders it unusable as determined by the city manager in their sole discretion.

(Ord. 1057 § 2, 2023)

A. Whenever a city enforcement officer has determined that a violation of this chapter exists, the enforcement officer may use the procedures set forth in this chapter for the abatement of such public nuisance that is being committed on public property or may utilize any other procedure authorized by law. The remedies, procedures, and penalties provided by this chapter are cumulative to each other and to any other available remedy under city, state, or federal law.

B. When a city enforcement officer determines there is a violation of the provisions of this chapter, he or she is authorized to issue an administrative citation to a responsible party, as provided by Chapter 1.24 of this code.

C. When an enforcement officer determines there is a violation of the provisions of this chapter, he or she is authorized to issue an infraction citation to a responsible party as provided by Chapter 1.20 of this code.

D. The city attorney is authorized to bring a civil or equitable action, at their discretion, to seek the abatement of any violation of this chapter.

(Ord. 1057 § 2, 2023)