Modesto Municipal Code Art. 5 Shopping Cart Retrieval Businesses

Any person who engages in the business of shopping cart retrieval must be registered with the City so as to provide contact names and phone numbers to enforcement staff. The City Manager shall issue a registry number, in accordance with the procedures set forth in the rules and regulations.

Each shopping cart retrieval business shall retain records showing written authorization from the shopping cart owner, or any agent thereof, to retrieve the cart or carts and to be in possession of the cart or carts retrieved. A copy of the record showing written authorization shall be maintained in each vehicle used for shopping cart retrieval and presented to enforcement personnel upon request.

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

Each vehicle employed for the retrieval of shopping carts shall display a sign that clearly identifies the retrieval service, and prominently displays the registry number issued by the City.

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

(a) Any person who violates the provisions of this article is guilty of a misdemeanor, with the exception of the items specified under Section 4-16.203(b), which are an infraction. In addition to any other remedies available to it the City may use the administrative enforcement remedies set forth in Chapter 6 of Title 1 of this Code.

(b) In the event administrative penalties are used, they 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; and

(3) Five hundred dollars ($500.00) for any third and subsequent violation.

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

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted such section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

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