King City Municipal Code Ch. 7.72 Shopping Carts

The purpose of this chapter is to establish regulations on the use and provision of shopping carts at commercial businesses to reduce the theft and abandonment of shopping carts on public and private property. The regulations are necessary to reduce and prevent blight, pedestrian and vehicle hazards, unsightly trash and garbage, and public expense. It is important for the city to maintain the condition and character of its commercial and residential neighborhoods to protect quality of life in the community. The city council further finds and determines that the presence of abandoned shopping carts anywhere in the city constitutes both a public and private nuisance which may be abated in accordance with the provisions of this chapter.

(Ord. 830, 8/27/2024)

"Abandoned cart"

means any cart that has been removed, without written consent of the owner, from the owner's business premises and is located on either public or private property.

"Agent"

means the person or persons designated by the owner of the cart authorized as the person to perform or provide retrieval services on behalf of the owner. The agent may be the owner, store manager, employee or private cart retrieval company.

"Cart"

means a shopping cart or basket which is mounted on wheels or a similar device generally used in a retail or commercial establishment by a customer for the purpose of transporting goods of any kind.

"Owner"

means any person or entity, who in connection with the conduct of a business, owns, leases, possesses, or makes a cart available to customers or the public. For the purposes of this chapter, owner shall also include the agent.

"Premises"

means the entire area owned, occupied, and/or utilized by an owner which provides carts for use by customers or other persons, including any parking lot or other property provided on behalf of the owner for customer parking or use.

(Ord. 830, 8/27/2024)

It shall be unlawful for any person, either temporarily or permanently, to remove a cart from a premises or be in possession of a lawfully marked cart that has been removed from a premises without written consent of the owner or for the purpose of repair, maintenance, or disposal.

(Ord. 830, 8/27/2024)

It shall be unlawful for any person to cause or permit any cart to be abandoned on or upon any sidewalk, street or other public area, other than the premises of the owner of such cart.

(Ord. 830, 8/27/2024)

Every cart owned or provided by any owner shall have the sign that includes the owner's name, address and phone number required by Section 22435.1 of the California Business and Professions Code permanently affixed to the cart.

(Ord. 830, 8/27/2024)

Owners shall prominently display signs notifying the public that removal of carts from the premises is prohibited under Business and Professions Code Section 22435 et seq. and this chapter.

(Ord. 830, 8/27/2024)

Carts stored outdoors shall be locked after business hours in a manner that prevents theft.

(Ord. 830, 8/27/2024)

The city shall remove and impound any cart determined to be abandoned and store it at a designated city facility. The city shall notify the owner or agent to schedule an appointment to retrieve the cart. Such notice may be by telephone, email or text message to the owner or owner's agent.

(Ord. 830, 8/27/2024)

Within three business days of city notification, the owner or agent shall cause the identified cart(s) to be retrieved. If any cart is not retrieved within three business days, commencing on the fourth business day following the date of the notice, the city shall charge a fee set by city council resolution in an amount necessary to recover the actual cost of providing the service prior to releasing the cart to the owner or agent.

(Ord. 830, 8/27/2024)

The city shall charge a fine of fifty dollars in addition to the city cost recovery fee for each occurrence in excess of three during a six-month period for failure to retrieve shopping carts within three business days as required pursuant to Section 7.72.090.

(Ord. 830, 8/27/2024)

Any cart not reclaimed within thirty days of receipt of a notice of violation by the owner or agent may be sold or otherwise disposed of by the city.

(Ord. 830, 8/27/2024)