Modesto Municipal Code Art. 2 Requirements

Every shopping cart owned or provided by a business establishment in the City of Modesto must have a sign permanently affixed to the cart that contains all of the following information:

(a) The name of the business establishment that owns the cart;

(b) The procedure to be used for authorized removal of a shopping cart from the establishment's premises, including, but not limited to, cart rental and obtaining owner consent for removal;

(c) A statement that the unauthorized removal of a shopping cart from the premises is a misdemeanor and a violation of State law;

(d) Lists a valid telephone number or address for returning the shopping cart removed from the premises or parking area to the owner or retailer, and the City "hotline" telephone number.

There shall be posted by the owner, prominently and conspicuously, at all public entrances and exits to the business, a notice in substantially the following form:

REMOVAL OF SHOPPING CHARTS IS PROHIBITED BY LAW AND SHALL SUBJECT THE VIOLATOR TO A MINIMUM FINE OF $100.00.

It is unlawful and a public nuisance to provide or offer to customers any shopping cart that does not have such information permanently affixed to it.

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

(a) In addition to any other remedies set forth in this chapter, administrative penalties may be imposed against any person, as defined in Section 1-6.207 of this Code, for violating any of the requirements set forth in this chapter.

(b) Administrative penalties for the violations of this section shall be assessed as follows:

(1) One hundred dollars ($100.00) for the first violation;

(2) Two hundred fifty dollars ($250.00) for a second violation within a twelve (12) month period; and

(3) Five hundred dollars ($500.00) for any subsequent violation within a twelve (12) month period.

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

(a) It is unlawful for any person, either temporarily or permanently, to do any of the following acts, if a shopping cart has been properly marked in conformity with this chapter:

(1) Remove a cart from the premises of the owner of such cart, or to be in possession of a cart that has been removed from the premises of the owner of such shopping cart, without the written consent of the owner.

This section shall not apply to carts removed from the premises, with the consent of the owner, for the purposes of repair, maintenance or disposal.

(2) To be in possession of any shopping cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

(3) 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 on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

(b) It is unlawful and an infraction for any person, either temporarily or permanently to do any of the following acts, if a shopping cart has been properly marked in conformity with this chapter.

(1) To cause or permit any cart to be abandoned on or upon any sidewalk, street or other public area, or upon any private property, other than the premises of the owner of such cart.

(2) To be in possession of any shopping cart while that cart is not located on the premises or parking lot of a business establishment, without the written consent of the owner.

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