§ 5-25

Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City of Ontario. The accumulation of wrecked, dismantled, and abandoned shopping carts on public or private property also tends to create conditions that reduce property values, promoting blight and deterioration in the City. 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. The provisions of this chapter are applicable to any business entity that provides shopping carts for customer use. (§ 1, Ord. 2759, eff. August 15, 2002, § 3, Ord. 3305, eff. June 19, 2025)

(a) “Abandoned cart” shall mean any cart that has been removed without written permission of the owner, or on- duty manager from the premises of the business establishment, regardless of whether it has been left on either private or public property. This provision shall not apply to carts that are removed for the purpose of repair or maintenance. (b) “Cart” shall mean a basket that is mounted on wheels or similar device provided by a business establishment for use by a customer for the purpose of transporting goods of any kind, including, but not limited to, grocery store shopping carts. (c) “Director” shall mean the City’s Community Improvement Director or other employee designated by the City Manager to enforce or carry out the provisions of this chapter. (d) “Owner” shall mean any person or entity, who in connection with the conduct of a business, owns, possesses, or makes any cart available to customers or the public. For the purposes of this chapter, “owner” shall also include the owner's on-site or designated agent or retailer that provides the carts for use by its customers.

(e) “Premises” shall mean the entire area owned and utilized by the business establishment that provides carts for use by customers, including any parking lot or other property provided by the owner for customer parking. (f) “Unmarked cart” shall mean any cart as defined by this chapter that is not identified and marked pursuant to Cal. Bus. & Prof. Code § 22435.1. (§ 1, Ord. 2759, eff. August 15, 2002, § 3, Ord. 3305, eff. June 19, 2025)

(a) Request for exemption. An owner may submit a request to the Director for an exemption from the requirements of §§ 5-25.05 through 5-25.07. Owners seeking to obtain or renew an exemption under this section shall apply to the Director on an annual basis. (b) Eligibility. Any owner that enters into a contract with a retrieval service to provide for the retrieval of abandoned carts, individually or as part of a consortium of businesses, that is satisfactory to the City. (c) Grounds for denial. A request for an exemption under this section may be denied on the following grounds: (1) The proposed retrieval service or contract is deemed unsatisfactory by the City. (2) Within the twelve (12) month period immediately preceding the date of the request, the City has provided the owner with written notification on three (3) or more separate occasions of the location of an abandoned cart identified as belonging to the owner. (3) The owner fails to provide all information required by the City. (d) Obligation to submit abandoned cart prevention plan following exemption denial. Any owner whose request for an exemption, pursuant to this section, is denied by the City shall, within sixty (60) days of the date of the denial notification, submit an abandoned cart prevention plan to the Director pursuant to § 5-25.05. (e) Timing of subsequent exemption requests. An owner may reapply for an exemption under this chapter no sooner than the later of: (1) One (1) year from the date of approval of a prior exemption; or (2) One (1) year from the date upon which the Director approves an abandoned cart prevention plan submitted by the owner in accordance with § 5-25.05. (f) Transfer for ownership. Any exemption granted hereunder shall become null and void upon any transfer of ownership of the subject business. (§ 1, Ord. 2759, eff. August 15, 2002, § 3, Ord. 3305, eff. June 19, 2025)

Every owner shall develop and implement a specific plan to prevent customers from removing carts from the business premises. The plan must include the following elements: (a) Required signs on carts. Every cart owned or provided by any business establishment in the City must have a sign permanently affixed to it that contains all of the following information: (1) Identifies the owner of the cart or the name of the business establishment, or both; (2) Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises; (3) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law; and (4) Lists a valid telephone number to contact to report the location of the abandoned cart or lists an address for returning the cart to the owner or business establishment.

(b) Required signs on property. Signs shall be placed in pertinent places near door exits and near parking lot exists that notify customers that cart removal is prohibited and constitutes a violation of state and local law. (c) Physical measures. Specific physical measures to prevent cart removal from the business premises. These measures may include disabling devices on all carts, posting of a security guard to deter and stop customers who attempt to remove carts from the premises, bollards and chains around business premises to prevent cart removal, security deposits required for the use of all carts, or the rental or sale of carts that can be temporarily or permanently used for transport of purchases. (d) Employee training. The owner shall establish an annual employee training program to educate new and existing employees on the prevention measures specified in the abandoned cart prevention plan submitted to the City. The owner must provide the City with details outlining the training program. (§ 1, Ord. 2759, eff. August 15, 2002, § 3, Ord. 3305, eff. June 19, 2025)

(a) An abandoned cart prevention plan shall be submitted to the Director for approval within sixty (60) days of the adoption of this chapter, or within sixty (60) days prior to the owner’s initial application for a business license or renewal application for a business license under Title 3, Chapter 1 of this code; or within sixty (60) days following a denial for a request for an exemption pursuant to § 5-25.03. (b) The Director may require modifications to an abandoned cart prevention plan based on any of the following grounds: (1) Implementation of the plan would violate one or more of the provisions of this code. (2) The plan fails to include the information required by this chapter. (3) The plan is insufficient or inadequate to prevent the unauthorized removal of carts from the business establishment. (4) The plan fails to address any special or unique conditions to the geographical location of the business establishment as such conditions relate to unauthorized cart removal prevention. (c) The abandoned cart prevention plan shall be implemented within thirty (30) days of Director approval and shall remain in effect until such time as: (1) The owner submits a renewed prevention plan with a business license renewal application under Title 3, Chapter 1 of this code, and that renewed prevention plan is approved by the Director; or (2) The owner requests an exemption under § 5-25.03 of this code and such request is approved by the Director. (d) Any modifications required by the Director to an abandoned cart prevention plan must be implemented within thirty (30) days of notification to the owner. (§ 1, Ord. 2759, eff. August 15, 2002, § 3, Ord. 3305, eff. June 19, 2025)

Any owner that fails to submit a proposed abandoned cart prevention plan to the City, implement the approved plan measures, or make any required modifications to the plan within the time frames specified in this chapter shall be subject to a One Thousand Dollar ($1,000) civil penalty, plus an additional penalty for Fifty Dollars ($50) for each day of noncompliance. (§ 1, Ord. 2759, eff. August 15, 2002, § 3, Ord. 3305, eff. June 19, 2025)

Pursuant to Cal. Bus. & Prof. Code § 22435.7, the City shall notify the owner of any abandoned carts owned or used by the business establishment that have been located within the City of Ontario within twenty-four (24) hours of impoundment. The owner shall have three (3) business days from the date the notification is given to retrieve carts from the City. (§ 1, Ord. 2759, eff. August 15, 2002)

Pursuant to Cal. Bus. & Prof. Code § 22435.7, any owner that fails to retrieve its abandoned cart(s) within three (3) business days after receiving notice from the City, shall pay the City's administrative costs for retrieving the cart(s) and providing the notification to the owner. Any owner who fails to retrieve abandoned carts in accordance with this chapter in excess of three (3) times during a six (6) month period, shall be subject to a Fifty Dollar ($50) fine for each occurrence. An occurrence includes all carts owned by the 0wner that are impounded by the City in a one-day period. (§ 1, Ord. 2759, eff. August 15, 2002)

Pursuant to State law, any cart not reclaimed from the City within thirty (30) days after notification to the owner shall be sold or otherwise disposed of by the City. (§ 1, Ord. 2759, eff. August 15, 2002)

Any unmarked shopping cart is hereby declared to be a public nuisance if: (a) It is left unattended on a public right-of-way or other public property; (b) It is left unattended on any private property at a location that will impede emergency services; (c) It is left unattended on the front or side setback of any private property without the owner's or occupant's permission; or (d) It is left on private property where it may be viewed from the public right-of-way or adjacent properties for more than twenty-four (24) hours after the occupant, if any, and the owner of the property has received written notice that if the shopping cart is not removed from public view, it will be impounded by the City and may be sold or otherwise disposed of by the City. (§ 1, Ord. 2759, eff. August 15, 2002)

Any carts found to be unmarked as defined by this chapter and has been impounded by the City shall be destroyed without any further notice other than as specified in § 5-25.10(d). (§ 1, Ord. 2759, eff. August 15, 2002)

CHAPTER 26: TEMPORARY STREET CLOSURES DUE TO CONTINUING CRIMINAL ACTIVITY

CHAPTER 26: TEMPORARY STREET CLOSURES DUE TO CONTINUING CRIMINAL ACTIVITY

5-26.01 Findings and purpose 5-26.02 Definitions 5-26.03 Identification of designated streets 5-26.04 Temporary street closure; violation 5-26.05 Police services fee for violations of temporary street closures 5-26.06 Citation of persons violating temporary street closures; removal and storage of vehicle; release of stored vehicle; liability for towing and storage fees 5-26.07 Spectators prohibited at speed contests or exhibitions