Pittsburg Municipal Code Art. I General Provisions

A. 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 Pittsburg. Wrecked, dismantled and/or abandoned shopping carts on public or private property create conditions that reduce property values and promote blight and deterioration within the city's neighborhoods.

B. The purpose of this chapter is to make the removal of shopping carts from the premises of a business establishment a violation of this code. In addition, this chapter ensures that storeowners will take action to reduce the removal of shopping carts from a business establishment's premises. This chapter will require business establishment owners to facilitate in the retrieval of those shopping carts removed from the establishment's premises.

(Ord. 1166 § 2, 2000)

A.

"Abandoned shopping cart"

means any cart removed from a business establishment's premises without written permission of the owner and located on either public or private property.

B.

"Business of shopping cart retrieval"

means a business that searches for, gathers and restores possession to the owner, or an agent thereof, for compensation or in expectation of compensation of shopping carts located outside the premises or parking area of a business establishment.

C.

"Owner"

means any person or entity within a business establishment who owns, possesses, or has the power to make a shopping cart available to customers. For the purpose of this chapter, "owner" includes, but is not limited to, the store owner, manager, on-site manager, on-duty manager or other designated agent of a business establishment providing shopping carts for customer use.

D.

"Parking area"

means a parking lot or other property provided by a business establishment for use by a customer for parking an automobile or other vehicle.

E.

"Premises"

means the entire area owned, rented, leased, or utilized by a business establishment that provides shopping carts for customer use, including parking areas.

F.

"Shopping cart"

means a basket which is mounted on wheels or a similar device generally used in a business establishment by a customer for the purpose of transporting goods of any kind. This includes, but is not limited to, laundry, grocery or shopping carts.

(Ord. 1166 § 2, 2000)

The city manager, police chief and their designated agents (city official) and designated code enforcement officers shall have the authority and powers necessary to determine whether a violation of this chapter exists and to take appropriate action to gain compliance with the provisions of this chapter and applicable state codes. These powers include the power to issue administrative citations and to inspect public and private property. It also includes the power to impose civil penalties for any violation of this chapter.

(Ord. 1166 § 2, 2000)

The city official is authorized to enter upon any property or premises to ascertain whether the provisions of this chapter or applicable state codes are being obeyed, and to make any examinations as may be necessary in the performance of their enforcement duties. All inspections, entries and examinations shall be done in a reasonable manner. If an owner, tenant, occupant or agent or other responsible party refuses to grant the city permission to enter or inspect, the city may seek a warrant pursuant to applicable law.

(Ord. 1166 § 2, 2000)

Nothing in this chapter shall prevent the city from pursuing criminal, civil, administrative or any other legal remedy to address violations of this chapter.

(Ord. 1166 § 2, 2000)

In addition to the provisions and requirements of this chapter, the city council may, from time to time, by resolution, establish additional rules and regulations concerning programs, practices and regulations pertaining to shopping cart retrieval.

(Ord. 1166 § 2, 2000)

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. 1166 § 2, 2000)