Moreno Valley Municipal Code Ch. 6.12 Shopping Carts

This chapter is adopted to set forth regulations to ensure that reasonable measures are taken by the owners and operators of retail establishments to either prevent the removal of shopping carts from the premises, or provide for the prompt retrieval of removed or abandoned shopping carts, to complement and supplement provisions of state law, and to adopt local regulations to the extent not otherwise preempted by state statute.

(Ord. 838 § 1, 2012)

Except as otherwise expressly set forth herein, the following words and terms as used in this chapter shall have the following meanings:

"Abandoned"

means a shopping cart which is left unattended or discarded upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether or not such shopping cart was removed from the premises with the permission of the owner. For purposes of this chapter, any shopping cart left unattended or discarded on any public property shall be presumed abandoned, and any shopping cart left unattended or discarded on any private property shall be presumed abandoned unless the owner or occupant of the private property is:

The owner, or an employee or authorized agent of the owner, entitled to possession of said shopping cart;

An officer, employee or agent of a cart retrieval service hired by the owner to retrieve shopping carts; or

Is enforcement personnel retrieving, storing or disposing of a cart pursuant to the provisions of this chapter.

"City"

means the city of Moreno Valley, California.

"Community development director"

means the community development director of the city.

"Customer"

means any person who enters the premises of a retail establishment.

"Enforcement personnel"

means any police officer or code compliance officer employed by the city, or otherwise designated by the city manager.

"Laundry cart"

means a basket which is mounted on wheels and used in a coin-operated laundry or dry-cleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them.

"Owner"

means any owner, manager, or operator of any retail establishment.

"Parking area"

means a parking lot or other property provided by a retail establishment for the use of customers of the retail establishment for parking of customer vehicles. The parking area of a retail establishment located in a multi-store complex or shopping center shall include the entire parking area used by the multi-store complex or shopping center.

"Parkway"

means that area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel.

"Premises"

means any building, property or other area upon which any retail establishment is conducted or operated in the city, including the parking area provided for customers of such retail establishment.

"Public property"

means and includes, but is not limited to, all that area dedicated to public use for public street purposes, civic purposes, roadways, parks, parkways, alleys, sidewalks, flood control channels and any other public right-of-way.

"Retail establishment"

means any business located in the city which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, or is a private club or business, or is a membership store.

"Shopping cart" or "cart"

means a basket which 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. The term "shopping cart" or "cart" includes a laundry cart.

(Ord. 838 § 1, 2012)

Any owner aggrieved by any adverse decision of the community development director may appeal such decision pursuant to MVMC Section 6.04.090.

(Ord. 838 § 1, 2012)

A. The provisions of this chapter shall be administered and enforced by code enforcement personnel or by a designee of the community development director.

B. The city may enforce violations of this chapter by use of administrative citations as provided in Chapter 1.10 of this code, and by any other means authorized within this code.

(Ord. 838 § 1, 2012)

Upon discovering the existence of a removed or abandoned shopping cart which is not belonging to a particular retail establishment, or parts thereof, on public or private property within the city, enforcement personnel shall have the authority to cause the abatement and removal thereof in accordance with the procedures described in this chapter.

(Ord. 838 § 1, 2012)

A. Shopping Carts with Signs Affixed. A removed or abandoned shopping cart that has a sign affixed to it per California Business and Professions Code Section 22435.1, may be impounded by enforcement personnel pursuant to either of the following procedures:

1. Upon the discovery of a removed or abandoned cart, enforcement personnel give the owner of the cart notice of the cart's discovery and location. If three days after such notice is given the cart has not been retrieved by the owner or agent, enforcement personnel may impound the cart. The owner of any cart impounded pursuant to this subsection (A)(1) shall be subject to any applicable fee or fine imposed pursuant to subsection E or F. A cart impounded pursuant to this subsection (A)(1) that is not reclaimed within 30 days of the owner's receipt of the notice provided for herein shall be disposed of pursuant to subsection G.

2. Upon the discovery of a removed or abandoned cart, enforcement personnel immediately impound the cart and give the owner of the cart actual notice that the cart has been impounded within 24 hours of the impoundment. Any shopping cart impounded pursuant to this subsection (A)(2) that is reclaimed within three business days following the date of actual notice to the owner shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to subsection E or F of this section. Any cart reclaimed within the three business day period shall not be deemed an occurrence for the purposes of subsection F of this section. The owner of any cart impounded pursuant to this subsection (A)(2) that is not reclaimed within three business days following the date of actual notice to the owner shall be subject to any applicable fee or fine imposed pursuant to subsection E or F commencing on the fourth business day following the date of the notice. Any cart not reclaimed within 30 days of the actual notice provided to the owner of the cart shall be disposed of pursuant to subsection G.

B. Shopping Carts without Signs Affixed. A removed or abandoned shopping cart that does not have a sign affixed to it per California Business and Professions Code Section 22435.1, identifying the owner may be impounded immediately upon its discovery by enforcement personnel. Carts impounded pursuant to this subsection may be disposed of immediately.

C. Emergency Removal. Notwithstanding subsection A of this section, a removed or abandoned shopping cart with a sign affixed to it identifying the owner may be impounded immediately if the location of the shopping cart will impede emergency services. Enforcement personnel shall give the owner or authorized agent notice of the impoundment within three business days of the impoundment. The owner of any cart impounded pursuant to this subsection shall be subject to any applicable fee or fine imposed pursuant to subsection E or F. Any cart not reclaimed within 30 days of the date the owner of the cart receives notice of its impoundment shall be disposed of pursuant to subsection G.

D. Impound Location. Any shopping cart that is impounded by the enforcement personnel pursuant to this section shall be held at a location that is reasonably convenient to the owner of the shopping cart and open for business at least six hours of each business day. The city's corporate yard is centrally located within the city and open at least six hours each business day, and the city finds that holding impounded shopping carts at the corporate yard satisfies the requirements of this subsection.

E. Recovery of Costs. The city council may provide by resolution for the recovery of the actual cost in providing the service of impounding shopping carts.

F. Fines. In addition to the fee for the service of impounding shopping carts, a fine in the amount of $50 is hereby imposed upon each owner of a shopping cart for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this chapter in a one-day period. This subsection does not apply to and does not limit or prohibit any other fee, fine or penalty that the city may charge for violation of the other provisions of this chapter.

G. Disposal of Carts. Any shopping cart not reclaimed from the city within 30 days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the city.

H. Actual Notice. A notice, as required by this chapter, may be served personally upon the designated owner identified in a sign permanently affixed to a shopping cart or by mail as prescribed by California Code of Civil Procedure Section 1013.

(Ord. 838 § 1, 2012)