Lodi Municipal Code Art. 1 Retail Establishment Shopping Cart Standards

A. The city council finds and determines that shopping carts are removed and stolen from businesses and are abandoned throughout the city.

B. Shopping carts that have been removed, stolen, and abandoned present a threat to the public health and safety by obstructing pedestrian and vehicular traffic, creating blight, and resulting in the loss of personal property.

C. Stolen shopping carts are the result of theft and contribute to the perception of community blight in areas where they are abandoned and may encourage other crimes and reduce property values.

D. The city council finds and declares that removed, stolen, and abandoned shopping carts constitute a nuisance.

E. In enacting this chapter, the city council has been mindful of the preemptive effect of state law, in particular Business and Professions Code Sections 22435, et seq., (the state of California Shopping Cart laws) and, in reliance upon Business and Professions Code Section 22435.8, this chapter avoids any express conflict with state law.

F. The provisions of this ordinance are intended to complement the state of California Shopping Cart laws.

G. Nothing in this chapter shall be deemed to prevent the city from instituting any appropriate legal procedures to abate, correct, enjoin or restrain any violation of this chapter, including civil or criminal proceedings.

H. The remedies and relief provided in this Article 2 shall be cumulative and in addition to any and all other remedies available to the city under this code and state law.

(Ord. No. 1946, § 1, 9-6-2017)

A. "Business premises" means the premises or parking area of a retail establishment, including adjacent walkways, any loading area, and the parking area which shall include a parking lot or other property provided by a retail establishment for use by a customer for parking an automobile or other vehicle.

B. "Director" means the community development director.

C. "Enforcement officer" means the city manager or designee, and chief of police or designee.

D. "Removed shopping cart" means a shopping cart that has been removed from the business premises of the owner or lessee of the shopping cart without permission.

E. "Retail establishment" means a business, property, or legal entity located within a commercial, mixed use, or overlay zoning district, that provides or makes available shopping carts to its customers for use on its business premises.

F. "Sanitized" means one or more of the following measures:

1. Use of onsite shopping cart cleaning and sanitizing systems;

2. Pressure washing;

3. Steam cleaning;

4. Availability of shopping cart sanitization stations for customer use;

5. Availability of shopping cart liners for customer use or purchase; and

6. Any other measure approved by the community development director as a means of cleaning, sanitizing, or eliminating exposure to contaminants that may be found on shopping carts.

G. "Shopping cart" means a basket that is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. Shopping cart does not include a shopping cart sold to, or owned by a customer for his or her own personal use.

H. "Shopping cart activity" means the act of providing, or making available, shopping carts to the public for use on the business premises of a retail establishment. "Shopping cart activity" does not include the business activities of shopping cart sales, storage, or retrieval.

I. "Shopping cart identification signage" means signage that is permanently affixed or engraved to the surface of a shopping cart and provides the following information, as set forth in Business and Professions Code Section 22435.1:

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

2. Notification to the public of the procedure to be utilized for authorized removal of a shopping cart from the business premises;

3. Notification to the public that the unauthorized removal of a cart from the business premises of a retail establishment, or the unauthorized possession of a shopping cart, is a violation of state law; and

4. A valid telephone number and/or address which can be used to return shopping carts that have been removed from the retail establishment.

J. "Unmarked shopping cart" means a shopping cart that is not marked with shopping cart identification signage as set forth in Business and Professions Code Section 22435.1 and defined in this chapter.

(Ord. No. 1946, § 1, 9-6-2017)

A. A retail establishment's shopping cart activity shall not cause or result in adverse effects on the health, welfare, peace or safety of persons residing or working in the city.

B. A retail establishment's shopping cart activity shall not result in repeated nuisance activities within the city, including but not limited to, removed carts, litter, vandalism, visual blight, impeded or obstructed pedestrian or vehicle travel or interference with ADA access.

C. A retail establishment's use of shopping carts shall comply with all provisions of local, state and federal laws, regulations and orders, including but not limited to California Business and Professions Code Section 22435 et seq., as well as any condition imposed on any permit issued pursuant to applicable laws, regulations or orders. This includes compliance with annual city license and regulatory fees.

D. A retail establishment's use of shopping carts shall be compatible with, and not adversely affect the livability or appropriate development of abutting properties, the surrounding neighborhood, and the city.

(Ord. No. 1946, § 1, 9-6-2017)

A. Retail establishments shall ensure that all removed carts are retrieved within twenty-four hours of receiving notice of a complaint by any person or entity.

B. Retail establishments shall not fail to retrieve their removed carts within twenty-four hours of receiving notice of a complaint by any person or entity, more than twelve times in a calendar year.

(Ord. No. 1946, § 1, 9-6-2017)

A. All retail establishments shall have a shopping cart retrieval program in place that will retrieve removed carts and respond to complaints from the public or city in a manner that results in the retrieval of removed carts within twenty-four hours of notice.

B. All shopping carts shall be inspected to ensure that they are in good working order, have cart identification signage, and are sanitized prior to customer use.

(Ord. No. 1946, § 1, 9-6-2017)

All shopping carts shall be locked or otherwise secured when a retail establishment providing such shopping carts is not open for business.

(Ord. No. 1946, § 1, 9-6-2017)

A. Every shopping cart owned or used within the city by a retail establishment shall have clearly visible shopping cart identification signage permanently affixed to the shopping cart. Shopping cart identification signage shall be continuously maintained so that all required information is accurate, up to date, and clearly legible.

B. A retail establishment shall not offer or provide an unmarked shopping cart for use by its customers or the public.

(Ord. No. 1946, § 1, 9-6-2017)

Every retail establishment shall prepare, submit, and implement, a specific written plan to prevent their respective customers from removing shopping carts from the retail establishment and to retrieve any shopping carts that have been removed therefrom. The plan must provide for the retrieval of removed shopping carts by its employees, or provide evidence of a contract with a shopping cart retrieval service as defined in California Business and Professions Code Section 22435.10. The plan must be provided to, and approved by, the director, whenever a retail establishment makes revisions to a plan, the revised plan must be submitted to the director for approval.

(Ord. No. 1946, § 1, 9-6-2017)

All retail establishments that furnish or make available shopping carts for use by customers shall post removal warning signage at all entrances to the business consisting of signage or text that is at least eighteen inches in width and twenty-four inches in height using block lettering not less than one-half inch in width and two inches in height containing a statement to the effect that the unauthorized removal of a shopping cart from a retail establishment, or unauthorized possession of a shopping cart in a location other than the business premises of the retail establishment, is a violation of state law and city ordinance.

(Ord. No. 1946, § 1, 9-6-2017)

Retail establishments shall conduct regular and ongoing employee training to educate new and existing employees about procedures to prevent unauthorized shopping cart removal from the business premises, including, but not limited to, the operation of any on-site shopping cart retention system.

(Ord. No. 1946, § 1, 9-6-2017)

A. The intent and purpose of this section is to impose a regulatory fee on all retail establishments that use or provide shopping carts subject to this ordinance after the effective date of this ordinance. This fee shall provide for the enforcement and regulation of the applicable regulations set forth in this chapter.

B. The annual shopping cart regulatory fee may be established from time to time by resolution of the city council. The fee shall be calculated so as to recover the total cost of both administration and enforcement of the applicable regulations set forth in this chapter, including, for example, administering the program, inspection and compliance checks, documentation of violations, conducting administrative hearings and criminal prosecution of violators, but shall not exceed the cost of the total program.

(Ord. No. 1946, § 1, 9-6-2017)

Article 1 of this chapter may be enforced administratively as set forth in Lodi Municipal Code Chapter 1.10. In determining whether a retail establishment has violated the shopping cart standards as set forth in this chapter of the Lodi Municipal Code, or as to the appropriateness of corrective actions, the enforcement officer and administrative hearing officer may consider:

1. The length of time the retail establishment has been out of compliance with shopping cart standards.

2. The impact of the violation of the shopping cart standards on the community.

3. Any information regarding the retail establishment's efforts to remedy the violation(s) of the shopping cart standards, including, but not limited to:

a. Calls to an enforcement officer by the retail establishment or its employees, or agents.

b. Requesting that persons engaging in activities causing violations of the shopping cart standards cease those activities, unless the retail establishment, or its employees or agents feel that their personal safety would be threatened by making that request.

c. Improvements made to the retail establishment's business premises or operations, including but not limited to voluntary installation of an on-site shopping cart retention system.

(Ord. No. 1946, § 1, 9-6-2017)

The city council finds that a violation of Article 1 of this chapter is a public nuisance. The city may abate violations as set forth in Lodi Municipal Code Chapter 1.10, except that the following hearing procedures shall apply:

A. Businesses or persons subject to abatement shall be served with an abatement notice as set forth in Lodi Municipal Code Section 1.10.310.

B. Once the director follows the procedures set forth in Lodi Municipal Code Section 1.10.310 and reasonable time for compliance has lapsed and the violations remain, and the citee has failed to take corrective actions to the remedy the nuisance, the matter may be set for an administrative abatement hearing.

C. The director shall set the matter for public hearing before the city council.

D. Written notice of the meeting shall be served at least thirty calendar days prior to the date of the hearing by posting a copy of the notice in a conspicuous place on or near the property and mailing copies of the notice by first class mail to the property address, current owner, and corporate headquarters or agent for service of process, if any.

E. Notice of the hearing shall include:

1. The date, time, and location of the hearing;

2. References to all code sections violated and descriptions of how each section is or has been violated;

3. References to the dates and locations of the violations;

4. A description of the consequences of failing to attend the hearing and comply;

5. A description of the hearing procedures and explanation of the right to present witnesses and evidence; and

6. Explanation and notice of post-hearing appeal rights and procedures.

F. The hearing shall be governed by the procedural rules set forth in Lodi Municipal Code Section 1.10.480.

G. The city council shall hear the evidence presented to determine whether, more likely than not, there has been a violation of the shopping cart standards set forth in Lodi Municipal Code Section 9.32.030 such that a nuisance has been created.

H. If the city council finds by majority vote of the council members present that a nuisance has been created, the city council shall direct the city manager to issue an administrative order, as set forth in Lodi Municipal Code Section 1.10.500, setting forth the findings as stated in the record of the hearing and ordering the payment of any fines and/or the imposition of any remedies as set forth in Lodi Municipal Code Section 9.32.140, and a reasonable deadline for compliance.

I. Notwithstanding the provisions provided herein, all other provisions in Lodi Municipal Code Chapter 1.10 shall apply.

(Ord. No. 1946, § 1, 9-6-2017)

A retail establishment that has failed to comply with the shopping cart standards set forth in this Chapter of the Lodi Municipal Code and has caused a nuisance may be required to abate such nuisance by implementing an on-site shopping cart retention system consisting of one or more of the following measures:

A. Mechanical or electronic disabling devices on all shopping carts, which prevent the shopping cart from being removed from the business premises by locking the wheels automatically or otherwise preventing movement of the shopping carts off of the business premises.

B. On-site security staff to prevent customers from removing shopping carts from the business premises.

C. Bollards and/or other physical barriers around the business premises to prevent shopping cart removal, subject to compliance with all laws and approval of the city's fire marshal and community development department.

D. A system requiring a security deposit from customers for the use of shopping carts on the business premises.

E. Restricting the use of shopping carts outside the building of the retail establishment unless accompanied by an employee.

F. The rental or sale of shopping carts that can be temporarily or permanently used for the transport of purchased merchandise.

G. Any other measures recommended by the director as a means of preventing shopping carts from being unlawfully removed from the business premises.

A nuisance created under Article 1 of this chapter may also be abated by the imposition of administrative fines as set forth in Section 1.10.260 of the Lodi Municipal Code.

The abatement remedies imposed shall be proportional to the nature and extent of the nuisance.

(Ord. No. 1946, § 1, 9-6-2017)