Modesto Municipal Code Art. 1 In General

Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public and interfere with pedestrian and vehicular traffic as well as emergency services within the City of Modesto. Wrecked, dismantled and/or abandoned shopping carts on public or private property create conditions that reduce property values, promote blight and deterioration within the City's neighborhoods.

The purpose of this chapter is to provide regulations pertaining to abandoned shopping carts, unmarked shopping carts, and to provide a requirement for a mandatory plan to prevent cart removal. This chapter is not intended to duplicate State law or regulate any matters pertaining to shopping carts which are the subject of State law. To the extent any provision of this chapter is determined to be preempted by State law, it shall be deemed severed from all other provisions of this chapter and such other provisions shall remain in full force and effect.

(Ord. 3486-C.S., § 1, effective 6-5-08)

(a) Abandoned, Lost or Stolen Shopping Cart. Any cart either removed from a business establishment's premises without written permission of the owner and located on either public or private property or left unattended, discarded or abandoned upon any private or public property other than the premises of the business establishment from which such shopping cart was removed, regardless of whether the shopping cart was removed with permission or consent of the owner.

(b) Business Establishment. Any business location within the City of Modesto that offers or provides shopping carts for its customers. This includes any business advertised or operated as a retail or wholesale business, a business with multiple outlets regardless of whether such business is open to the general public, or in a private club or business, or is a membership store.

(c) Shopping Cart Retrieval Business. A business that searches for, gathers, collects, retrieves and restores possession to the owner, or an agent thereof, for compensation or in expectation of compensation of shopping carts located anywhere outside the premises or parking area of a business establishment.

(d) Owner. Any person or entity, including manager or designated agent, who in connection with the conduct of a business, makes shopping carts available to customers.

(e) Parking Area. A parking lot or other property provided by a business establishment for use by a customer for parking an automobile or other vehicle.

(f) Premises. The entire area owned, occupied, rented, leased, or utilized by an owner, including any parking lot, areas or other property areas provided by or on behalf of an owner for customer parking or use.

(g) Shopping Cart. A basket which is mounted on wheels or a similar device generally used in a business establishment by a customer for the purpose of transporting goods of any kind. This includes, but is not limited to, laundry, grocery or shopping carts.

(h) Unmarked Cart. Shall mean any cart as defined by this chapter that is not identified and marked pursuant to California Business and Professions Code Section 22435.1 and this chapter.

(Ord. 3486-C.S., § 1, effective 6-5-08)

The City Manager and Directors and their designees, including designated code enforcement officers shall have the authority and powers necessary to determine whether a violation of this chapter exists and to take appropriate action to gain compliance with the provisions of this chapter and applicable State codes. These powers include the authority to impound the shopping carts, issue administrative citations, inspect public and private property, impose civil penalties for any violation of this chapter or pursue criminal actions.

(Ord. 3486-C.S., § 1, effective 6-5-08)

(a) The provisions of this chapter shall be administered and enforced by the City Manager and Directors, and their designees. The City Manager is hereby authorized and directed to promulgate and implement rules, regulations and procedures necessary or appropriate for enforcement of this chapter, which rules are to be approved by resolution of the City Council. The City Manager shall designate, maintain and advertise a public "hotline" for the intake of information concerning abandoned shopping carts.

(b) At the end of each business day, the City shall fax a list of reported abandoned carts to the appropriate cart retrieval service, as registered with the City, as well as to the businesses from which the carts originated, if requested.

(c) Whenever possible, all City field employees are to report the location of abandoned shopping carts as they find them.

(d) In addition to the provisions and requirements of this chapter, the City Council may, from time to time, by resolution, establish additional rules and regulations concerning programs, practices and regulations pertaining to shopping cart storage and retrieval.

(e) In addition to inspection authority set forth in Section 1-6.104, the Director is hereby authorized to enter into, on or upon any public property to examine a shopping cart or parts thereof, or to obtain information as to the identity of the owner of any shopping cart, or to retrieve shopping carts in accordance with the provisions of this part. As used herein, "public property" includes the outdoor common area of any building, business premises, apartment building or complex, or other premises or portion thereof which is adjacent to public property, open to the public, and which contains a shopping cart or shopping carts visible at street or ground level from the adjacent public property.

(Ord. 3486-C.S., § 1, effective 6-5-08)