Montclair Municipal Code Ch. 7.28 Removal or Possession of Shopping Cart

A. The City Council of the City of Montclair finds and declares that the accumulation of abandoned, lost, stolen, wrecked, or dismantled shopping carts on public or private property constitutes a nuisance, and creates conditions that promote blight and deterioration; negatively impact community image and property values; are aesthetically detrimental; and constitute an attractive nuisance creating a hazard to the health, safety, and general welfare of the City's residents and community. Abandoned, lost, stolen, wrecked, and/or dismantled shopping carts also interfere with pedestrian and vehicular traffic.

B. Although the City has enacted regulations pertaining to the containment and management of shopping cars by retail owners (contained in Chapter 11.67), the purpose of this chapter is to supplement existing state and local laws regarding shopping carts (including those contained within California Business and Professions Code Section 22435 et seq.) and minimize the likelihood that shopping carts will be removed from retailers' premises and abandoned elsewhere in the community.

(Ord. No. 17-963, § 2, 2-6-17)

Every owner, manager, or operator of any business establishment in the City of Montclair that provides shopping carts for use by its patrons shall ensure that every shopping cart has a sign permanently affixed to the shopping cart that contains, at a minimum, the following information:

A. Identification of the owner of the cart or the name of the business establishment, or both;

B. Notification to the public of the procedures to be utilized for authorized removal of the cart from the business premises;

C. Notification to the public that the unauthorized removal of the cart from the premises or parking area of the business establishment is a violation of state and City of Montclair law;

D. Telephone number to contact to report the location of the abandoned cart; and

E. An address for returning the cart to the owner or business establishment.

(Ord. No. 17-963, § 2, 2-6-17)

It is unlawful for any person to do any of the following acts, if a shopping cart has a permanently affixed sign as provided in Section 7.28.020, without the express written authorization of the owner of the shopping cart and/or business establishment (which authorization shall be valid for a period not to exceed 72 hours - other than for shopping carts which have been removed with written permission for repair or maintenance):

A. To remove a shopping cart from the premises or parking area of any retail establishment.

B. To be in possession of any abandoned shopping cart.

C. 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.

D. To leave or abandon a shopping cart at any location (public or private) other than the premises or parking area of the retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

E. 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 retail of possession of the cart.

(Ord. No. 17-963, § 2, 2-6-17)

It is unlawful for any person to remove or tamper with any physical mechanism designed to contain a cart on the premises of the owner thereof (including, but not limited to, physical device designed to lock or disable the wheels of a cart) without the express written permission of the owner of the cart and/or business establishment.

(Ord. No. 17-963, § 2, 2-6-17)

Nothing in this chapter shall limit or preclude the enforcement of other applicable laws.

(Ord. No. 17-963, § 2, 2-6-17)

Any person who violates any provision of this chapter is guilty of a misdemeanor violation punishable in accordance with Chapter 1.12 of Title 1 of this Code.

(Ord. No. 17-963, § 2, 2-6-17)