Lancaster Municipal Code Ch. 8.62 Shopping Cart Containment, Retrieval and Abatement

This chapter shall be known as the city's shopping cart containment, retrieval and abatement ordinance.

(Ord. No. 1048, § 2(Att. A), 9-25-2018)

The city council finds and declares as follows:

A. The presence of abandoned, stolen, wrecked and/or dismantled shopping carts, or parts thereof, on public and private property is found to create a condition tending to promote blight and deterioration, to reduce property values, to constitute a public nuisance, to be aesthetically detrimental to the community and to be injurious to the general welfare.

B. Responsibility for eliminating or minimizing this impact rests with individuals who use shopping carts and the businesses which provide such carts for their patrons. Therefore, pursuant to Cal. Business and Professions Code Section 22435.8, effective containment or control of shopping carts shall be mandated, and the presence of abandoned, stolen, wrecked and/or dismantled shopping carts, or parts thereof, on property located outside the premises or parking lot of the business that provided such cart, shall be cause to institute impoundment and abatement procedures in accordance with the provisions of this chapter and of Cal. Business and Professions Code, Division 8, Chapter 19 "Shopping and Laundry Carts."

(Ord. No. 1048, § 2(Att. A), 9-25-2018)

As used in this chapter, the following words and phrases have the meanings set forth below:

"Abandoned shopping cart" means a shopping cart located outside the store premises of a business establishment which furnishes such cart for use by its patrons.

"Cart" means a shopping cart as defined in this section.

"City manager" means the city manager of the City of Lancaster, or his or her designee.

"Code" means the Lancaster Municipal Code.

"Director" means the director of development services or his or her designee.

"Shopping cart" means a basket of any size which is mounted on wheels or a similar device, 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" or "owner" means the owner of a shopping cart, the agent of the owner of such cart, including individuals or business entities, or the business establishment which furnishes such cart for use by its patrons. The actions or inactions of an owner's agent, on-site or off-site manager, or employee may be attributed to the owner.

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

(Ord. No. 1048, § 2(Att. A), 9-25-2018)

The city manager is hereby authorized to enforce the provisions of this chapter, and may designate in writing the city employees or contractors who are authorized to assist in the enforcement of the provisions of this chapter (collectively, "enforcement officers"). The city manager shall have the authority to promulgate and/or adopt regulations to implement the provisions of this chapter.

(Ord. No. 1048, § 2(Att. A), 9-25-2018)

A. It shall be unlawful for any person to perform any of the following acts with respect to a shopping cart, when such cart has a permanently affixed sign in conformity with this chapter:

1. To remove a shopping cart from the store premises with the intent to temporarily or permanently deprive the shopping cart owner of possession of the cart;

2. To be in possession of any shopping cart that has been removed from the store premises with the intent to temporarily or permanently deprive the shopping cart owner of possession of the cart;

3. To be in possession of any shopping cart with serial numbers or identification signage removed, obliterated, or altered, with the intent to temporarily or permanently deprive the shopping cart owner of possession of the cart;

4. To leave or abandon a shopping cart at a location other than the store premises with the intent to temporarily or permanently deprive the shopping cart owner of possession of the cart;

5. To alter, convert, or tamper with a shopping cart, or to remove any part or portion thereof or to remove, obliterate or alter serial numbers or identification signage on a cart, with the intent to temporarily or permanently deprive the shopping cart owner of possession of the cart;

6. To be in possession of any shopping cart while that cart is not located on the store premises, with the intent to temporarily or permanently deprive the shopping cart owner of possession of the cart.

B. This section shall not apply to a shopping cart owner, an owner's employee, a person or business entity engaged in the business of cart retrieval on behalf of the owner, or a customer who has written consent, on store letterhead and signed by the shopping cart owner, to be in possession of a cart or to remove a cart from the store premises.

(Ord. No. 1048, § 2(Att. A), 9-25-2018)

A. The city may impound a shopping cart that has a permanently affixed sign, in conformity with this chapter, provided both of the following conditions have been met:

1. The cart is located outside the store premises, as defined in this chapter;

2. The cart is not retrieved within three (3) business days from the date the cart owner receives notice from the city of such cart's discovery and location.

B. Notwithstanding other provisions of this section, the city may immediately retrieve a shopping cart from public or private property when the location of such cart will impede emergency services, as determined by the city manager or a duly designated enforcement officer.

C. A shopping cart that has been impounded by the city pursuant to subsection A. or B. of this section shall be held at a location that is reasonably convenient to the shopping cart owner and open for business at least six (6) hours of each business day.

D. When the city has impounded a shopping cart pursuant to subsection A. or B. of this section, the city may recover its actual costs for providing such service.

E. The city may fine a shopping cart owner fifty dollars ($50.00) for each occurrence in excess of three (3) during a six-month period for failure to retrieve shopping carts in accordance with this section. For purposes of this subsection, an occurrence shall include all shopping carts impounded in accordance with this section during a calendar day.

F. Notwithstanding subsection A., the city may impound a shopping cart that is located outside the store premises without complying with the three-day advance notice requirement of subsection A., provided that:

1. The shopping cart owner has been provided actual notice within twenty-four (24) hours following the impound, and is informed of the location where the cart may be claimed;

2. The impounded shopping cart is held at a location in compliance with subsection C.;

3. Any shopping cart reclaimed by the shopping cart owner within three (3) business days following the date of actual notice of the impound shall be released and surrendered to the shopping cart owner at no charge;

4. Any shopping cart not reclaimed within three (3) business days following the date of actual notice of the impound shall be subject to the fees and fines set forth in subsections D. and E. commencing on the fourth business day following the date of notice of the impound.

G. The city may sell or dispose of any shopping cart not reclaimed within thirty (30) days following the date of notice of the impound.

H. Notwithstanding other provisions of this section, the city may immediately impound, sell and/or dispose of a shopping cart that does not contain a permanently affixed sign required pursuant to this chapter and whose ownership cannot otherwise be ascertained.

I. The actions described in this section may be performed by city personnel or contractor.

J. A shopping cart owner shall be deemed to have been provided any notice required pursuant to this section when the city notifies the owner's designated person, as set forth in section 8.62.070, by telephone call or email.

(Ord. No. 1048, § 2(Att. A), 9-25-2018)

A. No shopping cart owner shall commence or conduct business operations without having implemented a city-approved cart containment and retrieval plan to prevent the unauthorized removal of carts from store premises, and if removed, to retrieve such carts within twenty-four (24) hours of the removal or notice of removal.

B. A proposed cart containment and retrieval plan shall be submitted in writing, on a city-approved form, and shall include the following:

1. Owner/business information: The name of the business owner; the name of the business establishment; the physical address of the store premises; the name, address, telephone number and email address of each on-site or off-site manager; and designation of the person to whom the city should give notices related to shopping carts, as set forth in section 8.62.060, and such person's telephone number and email address.

2. Cart inventory: A complete inventory of all shopping carts maintained on or in the store premises.

3. Cart identification: A description of the identification sign to be affixed to each shopping cart on the store premises. The identification must, at a minimum, contain the information set forth in section 8.62.090 of this chapter.

4. Store premises signage: A description of the signage to be posted on the store premises, including sign and typeface size, sign text, and posting locations. Signage must, at a minimum, conform to the requirements set forth in section 8.62.100 of this chapter.

5. Mandatory cart retrieval: Evidence of a contract with a cart retrieval service employed to retrieve shopping carts which have been removed from the store premises within twenty-four (24) hours of the removal, or notice of removal.

6. Containment methods: A detailed description of all methods the shopping cart owner shall implement to prevent removal of carts from the store premises. These methods may include, but need not be limited to, those set forth in section 8.62.120.

C. Except as set forth in subsection D. of this section, no proposed cart containment and retrieval plan shall be accepted unless accompanied by payment of a fee, established by resolution of city council and as may be amended from time to time.

D. Shopping cart owners engaging in business in the city on the effective date of this chapter shall submit evidence of a contract with a cart retrieval service, and provide the name of the person to whom the city should give notices as set forth in section 8.62.060 within thirty (30) days of the effective date of this chapter, and shall submit the complete cart containment and retrieval plan to the city within ninety (90) days of the effective date of this chapter.

Shopping cart owners engaging in business in the city on the effective date of this chapter who are already contracting with a cart retrieval service and/or utilizing an on-site cart containment system(s) shall submit contracts, plans, specifications, photographs and/or other additional evidence (collectively, the "documentation") as the director may request. Such shopping cart owner shall not be required to tender the cart containment and retrieval plan fee. The documentation will undergo director's review to verify compliance with the requirements set forth in this chapter and efficacy of containment system(s).

E. It shall be the responsibility of a shopping cart owner to implement and continuously maintain all provisions and measures of the city-approved cart containment and retrieval plan at all times the owner is engaging in business in the city.

(Ord. No. 1048, § 2(Att. A), 9-25-2018)

A. Cart containment and retrieval plans shall be subject to director's review, in accordance with the procedures set forth in chapter 17.43, article VI of this Code. The director may approve, conditionally approve, or deny a plan.

B. The director shall deny a plan based upon any of the following grounds:

1. Implementation of the plan would violate provisions of the building, zoning, health, safety, fire or other municipal codes, or any county, state or federal law which substantially affects public health, safety or welfare;

2. The plan fails to include all information provided by this chapter;

3. The plan is insufficient or inadequate to prevent removal of carts from the store premises, as determined by the director;

4. Implementation of the plan would violate a term or condition of a city license, permit or other approval;

5. The applicant has made a false, misleading or fraudulent material statement or omission of fact in the cart containment and retrieval plan.

C. The director may conditionally approve a plan if imposing such conditions will, in the director's determination, eliminate any grounds requiring denial of the plan.

D. The director shall make findings and render a written decision of the proposed plan. A copy of the decision shall be served on the applicant by first class mail. Service shall be deemed complete on the date the decision is placed in a U.S. Postal Service mail receptacle.

E. Notwithstanding any other provisions of this Code, the director's denial or conditional approval of a proposed cart containment and retrieval plan shall be the final administrative decision. The superior court is the sole reviewing authority and an appeal of the director's decision is not appealable to the planning commission or city council. The written decision shall contain the following statement: "Judicial review of the director's decision is subject to the time limits set forth in California Code of Civil Procedure, section 1094.6."

(Ord. No. 1048, § 2(Att. A), 9-25-2018)

A. It shall be the responsibility of a shopping cart owner to maintain each cart with a sign permanently affixed to it. Cart identification shall be in conformity with that described in the owner's city-approved cart containment and retrieval plan and shall, at a minimum, contain all of the following information:

1. The identity of the shopping cart owner or the business establishment, or both;

2. Notification to the public that the unauthorized removal of the cart from the store premises, or the unauthorized possession of the cart, is a violation of state and municipal law;

3. The address or telephone number for returning a cart removed from the store premises to the shopping cart owner.

B. Shopping cart owners engaging in business in the city on the effective date of this chapter shall affix identification to each cart, in accordance with this section, within thirty (30) days of the effective date of this chapter. If the owner subsequently makes a change to the cart identification in the city-approved cart containment and retrieval plan, the new cart identification shall be affixed within thirty (30) days of city approval of the plan.

(Ord. No. 1048, § 2(Att. A), 9-25-2018)

A. It shall be the responsibility of a shopping cart owner to maintain signage concerning cart removal posted on the store premises. Signage shall be in conformity with that described in the owner's city-approved cart containment and retrieval plan and shall, at a minimum, meet the following requirements:

1. Each sign shall be not less than eighteen (18) inches in width and twenty-four (24) inches in height with block lettering not less than one-half (½) inch in width and two (2) inches in height;

2. A sign shall be posted in a conspicuous place within two (2) feet of each customer entrance and exit;

3. Each sign shall state, at a minimum, as follows: "REMOVAL OF SHOPPING CARTS FROM THE PREMISES IS PROHIBITED BY STATE AND MUNICIPAL LAW (B&P §22435.2; LMC §8.62.050)";

4. Each sign shall be in English and Spanish.

B. Shopping cart owners engaging in business in the city on the effective date of this chapter shall post signage on the store premises, in accordance with this section, within thirty (30) days of the effective date of this chapter. If the owner subsequently makes a change to the store premises signage in the city-approved cart containment and retrieval plan, the new store premises signage shall be installed or erected within thirty (30) days of city approval of the plan.

(Ord. No. 1048, § 2(Att. A), 9-25-2018)

A. It shall be the responsibility of a shopping cart owner to secure and continuously maintain a service to retrieve shopping carts which have been removed from their store premises within twenty-four (24) hours of the removal, or notice of removal. Service shall only be established with a person or business entity engaged in the business of shopping cart retrieval who possesses a valid Lancaster business license.

B. A person or business entity engaged in the business of cart retrieval shall maintain a current and valid Lancaster business license at all times the person or entity conducts business in the city.

C. A person or business entity engaged in the business of cart retrieval shall retain records showing written authorization from the shopping cart owner, or an agent thereof, to retrieve carts and to be in possession of carts retrieved. A copy of said records shall be maintained in each vehicle used for cart retrieval.

D. Each vehicle used for the retrieval of shopping carts shall display a sign that clearly identifies the person or business entity engaging in the business of cart retrieval.

(Ord. No. 1048, § 2(Att. A), 9-25-2018)

A. It shall be the responsibility of a shopping cart owner to effectively contain or control all carts within the boundaries of the store premises. A shopping cart owner shall install and/or implement each method of containment described in the city-approved containment and retrieval plan. Methods of containment may include, but need not be limited to, the following:

1. Electronic or other disabling devices installed on the shopping carts that prevent their removal from the store premises;

2. Bollards or other structures, installed or erected on the perimeter of the store premises, which restrict shopping carts to the premises. Such structures shall not interfere with fire lanes, disabled access, or conflict with federal, state and local laws, including municipal building and zoning codes;

3. Use of courtesy clerks to accompany customers to their vehicles and return shopping carts to the store;

4. Security deposit for a customer's use of a shopping cart;

5. Other demonstrably effective method, as determined by the director, that is likely to prevent cart removal from the store premises.

B. Shopping cart owners engaging in business in the city on the effective date of this chapter shall implement methods of cart containment, in conformity with this section, within ninety (90) days of the effective date of this chapter. If the owner subsequently makes a change to the cart containment methods in the city-approved cart containment and retrieval plan, the new cart containment methods shall be implemented within thirty (30) days of city approval of the plan.

(Ord. No. 1048, § 2(Att. A), 9-25-2018)

Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in Business and Professions Code Sections 22435 et seq.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the fee schedule in Section 1.12.020 of Chapter 1.12 of this code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this code. A cited person who has been granted an indigency waiver pursuant to Section 1.16.085 of Chapter 1.16 of this code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

(Ord. No. 1097, § 4(Exh. C), 1-10-2023; Ord. No. 1048, § 2(Att. A), 9-25-2018)

Any person who violates any provision of this chapter, and any cart owner who violates or fails to comply with or continuously maintain any provision of the owner's city-approved cart containment and retrieval plan, shall be subject to enforcement procedures for each violation by any lawful means available to the city, including but not limited to, those set forth in Cal. Business and Professions Code (Division 8, Chapter 19), and chapters 1.12, 1.16, and 8.28 of this Code.

(Ord. No. 1048, § 2(Att. A), 9-25-2018)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, paragraph, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, clauses or portions be declared invalid or unconstitutional.

(Ord. No. 1048, § 2(Att. A), 9-25-2018)