Jurupa Valley Municipal Code Ch. 11.85 Regulation of the Use, Storage, and Recovery of Shopping Carts

Footnotes:

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Editor's note— Ord. No. 2025-17, § 1, adopted Aug. 21, 2025, amended Ch. 11.85 in its entirety to read as herein set out. Former Ch. 11.85, §§ 11-010—11-140, pertained to similar subject matter, and derived from Ord. No. 2020-09, § 1, adopted June 4, 2020.

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 intent of this chapter is to insure that measures are taken by storeowners 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 unlawfully obtained or abandoned carts as permitted by state law. Further, this chapter is intended to supplement existing state law regarding shopping carts as set forth in California Business and Professions Code, Section 22435, et seq.

(Ord. No. 2025-17, § 1, 8-21-2025)

A. Cart shall mean a basket, which is mounted on wheels, or a similar device provided by a business establishment for use by a customer for the purpose of transporting goods of any kind, including, but not limited to grocery store shopping carts. This definition shall exclude from enforcement under this chapter those devices, which do not have a "basket" mounted on wheels in which goods can be placed for transport. Cart includes both shopping carts and laundry carts as defined in Business and Professions Code Section 22435.

B. Director shall mean the Director of Community Development or his or her designee.

C. Day or days shall mean calendar days.

D. "Enforcement official" or "enforcement officials" shall mean: (1) Members of the Riverside County Sheriff's Department or such other police agency under contract to provide police services to the city; (2) Members of the Riverside County Fire Department or such other fire agency under contract to provide fire and emergency services to the city; (3) Persons employed by the city whose job descriptions require the person to enforce the provisions of this Code, including, but not limited to, code enforcement officers, building inspectors, or park rangers; (4) Such other employees or contractors of the city as may be designated by resolution of the City Council.

E. Owner shall mean any person or entity, who in connection with the conduct of a business, owns, leases, possesses, uses, or otherwise makes any cart available to customers or the public. For purposes of this chapter, owner shall also include the owner's on-site or designated agent that provides the carts for use by its customers.

F. Retail establishment or premises shall mean the entire area owned and utilized by the business establishment that provides carts for use by customers, including any parking lot or other property provided by the owner for customer parking.

(Ord. No. 2025-17, § 1, 8-21-2025)

The provisions of this chapter shall be enforced by any enforcement official. To the extent otherwise permitted by law, said enforcement official 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. Any act authorized to be performed by the city pursuant to any provision of this chapter may be performed by any enforcement official. Violations of this chapter may be enforced through the provisions of Chapter 1.20, Administrative Citations, Chapter 1.25, Public Nuisance Injunctions, or other applicable law.

(Ord. No. 2025-17, § 1, 8-21-2025)

A. Except as otherwise provided in this chapter, every cart owned or provided by any business establishment in the city shall have a tamper resistant sign permanently affixed to it that contains the following information:

(1) Identifies the owner of the cart or the name of the business establishment, or both;

(2) Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises;

(3) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the business establishment is a violation of state and city law;

(4) Lists a telephone number to contact to report the location of the abandoned cart; and

(5) Lists an address for returning the cart to the owner or business establishment.

B. Except as otherwise provided in this chapter, every cart shall have a manufacturer's identification number or a five-digit identification number permanently engraved into the frame of the cart which serial or identification number shall be added to the prevention plan filed with the city pursuant to Section 11.85.070.

(Ord. No. 2025-17, § 1, 8-21-2025; Ord. No. 2025-20, § 1, 9-18-2025)

A. It is unlawful to do any of the following acts:

(1) To remove a cart from the premises or parking area of a retail establishment;

(2) To be in possession of any cart that has been removed from the premises or the parking area of a retail establishment;

(3) To be in possession of any cart with the sign, identification or serial numbers removed, obliterated, or altered;

(4) To leave or abandon a shopping cart or laundry cart at a location other than the premises or parking area of the retail establishment;

(5) To alter, convert, or tamper with a shopping cart or laundry cart, or to remove any part or portion thereof or to remove, obliterate or alter serial numbers on a cart; or

(6) To be in possession of any shopping cmi or laundry cart while that cart is not located on the premises or parking lot of a retail establishment.

B. The provision of subsection A. shall not apply to a person who:

(1) Has the express prior written approval of the owner or on-duty manager of the business establishment, which written permission shall be valid for a period not to exceed seventy-two (72) hours;

(2) Is an employee of a registered cart retrieval service in the process of collecting or returning a cart to the owner or business establishment; or

(3) Is repairing or maintaining a cart with the express written approval of the owner or on-duty manager of the business establishment.

C. Enforcement officials may immediately impound carts found to be in the possession of any person in violation of subsection A. of this section, unless the person produces written, verifiable, valid proof of ownership of the cart.

(1) Proof of ownership means written document(s) clearly stating that the cart was sold, conveyed or given to the person in possession of it by a bona fide owner of the cart.

(2) An enforcement official may impound the personal property found in the cart upon establishing grounds to do so under state law or other provisions of this Code, including but not limited to, Chapter 6.20, Vending From a Mobile Vending Facility on Public Streets, Public Rights-of-Way, and Private Property, Chapter 11.75, Prohibition Against Certain Conduct on Public Property, Chapter 11.80, Storage of Personal Property on Public Property, and follow the procedures therein for impounding such property.

(3) The Enforcement Official shall provide the person from whom the cart was impounded with a receipt and instructions for the retrieval of the cart. The receipt and instructions shall be given to the person from whom the cart was taken at the time the Enforcement Official impounds the cmi. The receipt and instructions shall notify the person from whom the cart was impounded that the cart must be claimed within sixty (60) calendar days of impoundment pursuant to this section and that if the cart is not claimed within the applicable time, the cart shall be disposed of pursuant to Section 11.85.110.

D. Impoundment procedures. Upon impoundment of carts under this section, the Director shall do all the following:

(1) Take responsibility for the storage, documentation, and disposition of the cart.

(2) The Director shall hold the impounded cart for not less than thirty (30) days, nor more than sixty (60) days, allowing the person time to establish valid proof of ownership but may release the impounded cart earlier upon valid proof of ownership being established.

(3) Carts not retrieved within sixty (60) days shall be disposed of pursuant to Section 11.85.110.

(4) If the Director or Enforcement Official has knowledge that the person from whom the cart was taken is not the owner, the Director shall make reasonable efforts to identify the owner. If the owner is identified, the Director shall mail, by first class mail, a receipt and instructions for the retrieval of the cart.

(5) Within the sixty (60) day period, the person from whom the cart was impounded or the owner may do one (1) of the following:

(a) Arrange for retrieval the cart upon proof of ownership as described in subsection C.1.

(b) Notify the city in writing that they are unable to retrieve the cart because they are in custody (e.g., jail or prison) and request the city to hold the cart. If a person notifies the city that they are unable to either retrieve the items within the applicable period, or have an authorized person retrieve the cart with proof of ownership, the city shall hold the cart for not longer than ten (10) additional months, after which time the cart shall be disposed of pursuant to Section 11.85.110.

(6) The Director may, if needed, establish additional procedures for impounding, storage and retrieval of carts.

E. In addition to impoundment, failure to comply with this chapter may subject the violator to any civil, criminal, or administrative remedies as provided by law.

(Ord. No. 2025-17, § 1, 8-21-2025)

A. Prevention plan. Every owner shall develop and implement a specific plan to prevent customers from removing carts from the business premises ("prevention plan"). The prevention plan must include the following elements and a detailed description of how they will be implemented:

(1) Notice to customers. Written notification shall be provided to customers that removal of carts from the premises and parking lots are 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 other form of written notification that will effectively notify customers of the prohibition.

(2) Signs. Signs shall be placed in pertinent places near door exits and near parking lot exits that warn customers that cart removal is prohibited and constitute a violation of state and local law.

(3) Physical measures. Specific physical measures shall be implemented to prevent cart removal from the business premises. These measures may include, but are not limited to, disabling devices on all carts, posting of a security guard to deter and stop customers who attempt to remove carts from the business premises, bollards and chains around business premises to prevent cart removal, security deposits required for use of all carts, or the rental or sale of carts that can be temporarily or permanently used for transport of purchases. All carts shall be securely locked and stored at all times while the business is closed.

(4) Cart retrieval operations. The procedure by which the owner or qualified cart retrieval service will search, find and return carts removed from the business premises.

(a) The cart retrieval operation must demonstrate that carts will be actively located within one (1) mile of the business premises and respond to complaints from the public or notifications from city enforcement official in a manner which results in the retrieval of carts within twenty-four (24) hours of receiving the notification.

(b) An owner may contract with the city or another vendor for cart retrieval services. If an owner contracts with a cart retrieval service other than the city's contractor, the retrieval service must be a city approved service, and shall not place limits on daily loads or days per week to retrieve carts within the city.

(c) The owner shall provide written authorization to all retrieval personnel, which authorization shall be carried by each person while performing cart retrieval services on behalf of the owner and shall be provided to any enforcement official upon request.

(5) Modification of requirements. As part of the submittal of a prevention plan or a modification of a prevention plan, the owner may request the Director to waive or modified cart requirements, including, but not limited to, the requirements of this section and section 11.85.040. Such a request shall include a description of: 1) the specific waivers or modifications requested; 2) the reasons why compliance with the requirements will have a negative impact on the owner; and 3) the actions the owner will take to insure the purposes of the requirements being waived or modified will be fulfilled. The Director may approve or conditionally approve such requested waivers or modifications based on whether additional actions of the owner will fulfill the purposes of the requirements being proposed for waiver or modification and provide protection of the public and owners that is comparable to the existing requirements.

(6) Employee training. The owner of the retail establishment shall implement and maintain a periodic training program for its new and existing employees designed to educate such employees concerning the requirements of the prevention plan and the provision of state law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment.

B. Evaluation report. If a prevention plan was in place the previous year and if the owner has twenty (20) or more carts and twenty (20) percent or more of the owned carts are retrieved within the previous year, a report shall be submitted to the city evaluating the measures that were used and approved in the prior calendar year and providing information on the changes that will be made to improve the prevention plan performance. The report shall include, but not be limited to, the inventory of carts owned/used by the business establishment and the number of carts that had to be replaced due to loss, theft or abandonment. An evaluation report shall be submitted within (30) days of notification by the city.

(Ord. No. 2025-17, § 1, 8-21-2025; Ord. No. 2025-20, § 2, 9-18-2025)

A. Existing owners. The proposed prevention plan for preventing cart removal shall be submitted for approval to the Director or his/her designee within five (5) days of receiving notice from the city that such a plan is required pursuant to this chapter.

B. New businesses, new construction, and change in ownership. All new construction projects that will accommodate businesses providing more than ten (10) carts shall prepare and submit to the city a prevention plan as required by Section 11.85.060.

(1) If a new business shall submit a prevention plan to the Director, not less than less than thirty (30) days prior to the opening the business to the public.

[(2)

Reserved.]

(3) If an existing business changes ownership, the new owner shall notify the Director or his/her designee within five (5) days of the change and submit a new prevention plan or agree to adopt the existing prevention plan on file with the city for that business.

(4) All businesses subject to this section shall submit a proposed prevention plan and obtain city approval prior to providing any shopping carts to customers of the retail establishment. For prevention plans which include contracting for retrieval services as a component of the plan, the contractor for service must be in place prior to approval of the plan.

C. Approval. As soon as practicable, but not more than thirty (30) days after receipt of the prevention plan, Director shall approve, conditionally approve or disapprove the prevention plan, including any requested modifications, and so notified the owner. If the plan is not approved, the notice shall state its reasons and provide recommendations to the owner to ensure plan approval. The owner shall submit a new prevention plan within five (5) days of receiving this notice. Once a prevention plan is approved, the proposed measures shall be implemented by no later than five (5) days after city approval is given. If an evaluation report is submitted, the prevention measures shall be continued until and unless the city indicates that a measure(s) needs to be modified. Unless otherwise agreed, any modifications to the plan imposed by the city shall be implemented within five (5) days after the city notifies the owner of the needed modifications.

D. Revocation. If an owner has more than twenty (20) carts and if more than twenty-five (25) percent of an owner's carts are retrieved by the city within a six-month period, the owner's prevention plan may be revoked upon notification by the city and the owner will be required to submit a new prevention plan to the Director within five (5) days of receiving notice of the revocation. Any owner failing to implement the new prevention plan within five (5) days of approval, shall be subject to penalties under this chapter.

E. Multiple revocations. Upon the second prevention plan revocation within a four (4) year time period, the owner shall be required to place disabling devices on all carts owned/leased/used by the business to prevent removal of carts from the business premises and parking lots, if such disabling devices are not already in use. If disabling devices are already in use, owner shall be required to show proof of proper maintenance and repairs ensuring the disabling devices on all carts are in proper working order. Any subsequent prevention plans submitted shall include the implementation of a maintenance plan for all disabling devices.

(Ord. No. 2025-17, § 1, 8-21-2025; Ord. No. 2025-20, § 3, 9-18-2025)

Any owner that fails to submit a prevention plan, implement the proposed plan measures, or implement any required modifications to the plan by the city within the time frames specified in this chapter shall be required to place disabling devices on all carts owned/leased/used by the business to prevent removal of carts from the business premises and parking lots.

(Ord. No. 2025-17, § 1, 8-21-2025)

If an owner has equipped carts with disabling devices, either voluntarily or by order from the city, the owner shall conduct regular maintenance to ensure the disabling devices are working properly. Ifat any time, the owner determines the disabling device installed on a cart is not working properly, the cart shall be pulled from circulation until it is repaired. The owner shall inspect, test, and repair all abandoned carts returned to the owner prior to making the returned carts available for use.

(Ord. No. 2025-17, § 1, 8-21-2025)

Pursuant to California Business and Professions Code Section 22435.7, the city shall notify the owner of any abandoned carts owned or used by the business establishment that have been located within the city, if the city intends to impound the cart(s) pursuant to California Business and Professions Code Section 22435.7. The owner shall have three (3) days from the date the notification is given, to retrieve the carts from the city.

(Ord. No. 2025-17, § 1, 8-21-2025)

Any owner that fails to retrieve its abandoned cart(s) within three (3) days of receiving actual notice from the city, shall pay the city's administrative costs for retrieving the cart(s) and providing the notification to the owner as may be established by resolution of the City Council. Any owner who fails to retrieve abandoned carts in accordance with this chapter in excess of three (3) times during a specified six-month period, shall be in violation of this section. An occurrence includes all carts owned by the owner that are impounded by the city in a one-day period.

(Ord. No. 2025-17, § 1, 8-21-2025)

Any cart not reclaimed from the city within thirty (30) days after notification to the owner shall be destroyed by the city. Carts shall not be sold to any other parties.

(Ord. No. 2025-17, § 1, 8-21-2025)

Any owner may contract with the city for the retrieval of abandoned carts by entering into a written contract to pay the city's fees for such service. Any owner that has a contract with the city to provide for retrieval of abandoned carts, shall be exempt from the cart retrieval operations requirement in subsection 11.75.060(a)(4) of this chapter. This exemption is valid only if the other provisions of this chapter are complied with by owner.

(Ord. No. 2025-17, § 1, 8-21-2025)

A business which does not own, rent, lease, or otherwise possess its own carts, but which receives a benefit by the use of carts owned by other businesses, merchants, grocers, or other similar establishments, shall provide a location upon its premises for the storage of carts and shall immediately contact the city's cart retrieval service to retrieve any carts that are left on the premises. This section specifically applies to recycling centers.

(Ord. No. 2025-17, § 1, 8-21-2025)

If any sections, subsections, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision or legislation of any court of competent jurisdiction, or by reason of preemptive legislation, such decision or legislation shall not affect the validity of the remaining portions of the chapter. The City Council declares that it would have passed this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one (1) or more of the sections, subsections, sentences, clauses, or phrases thereof is declared invalid or unconstitutional.

(Ord. No. 2025-17, § 1, 8-21-2025)