Rocklin Municipal Code Ch. 8.35 Shopping Cart Abandonment

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

"Abandoned cart" means any cart that has been removed without written consent of the owner of the cart from the premises of the business establishment which owns the cart, regardless of whether it has been left on either private or public property. This provision shall not apply to carts that are removed for purposes of repair or maintenance.

"Business day" means Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m.

"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.

"Owner" means a person or business establishment owning or using shopping carts in connection with its business.

"Person" means any person, corporation, partnership, association, joint stock company, and other entity capable of being sued.

"Street" means a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, sidewalk, park, parking lot, parking area, and place used by the general public.

(Ord. No. 1083, § 3, 10-24-2017)

Every person who, in connection with the conduct of a retail business, including but not limited to a food dispensing business, owns or makes any cart available to the public, shall mark or cause the same to be marked and identified conspicuously with the name, address, and telephone number of the owner. Such identification shall be in the form of a metal or plastic tag or plate securely fastened to the cart or standing on the frame of the cart or by etched branding on the side or front of the cart.

(Ord. No. 1083, § 3, 10-24-2017)

There shall be posted by the owner of any retail establishment furnishing a parking area and shopping carts or laundry carts for its customers, prominently and conspicuously at all entrances to the retail establishment, a notice in substantially the following form:

REMOVAL OF SHOPPING CARTS FROM THESE PREMISES IS PROHIBITED BY LAW AND WILL SUBJECT THE VIOLATOR TO A FINE. (RMC § 8.35.040)

(Ord. No. 1083, § 3, 10-24-2017)

It shall be unlawful for any person except the owner of the cart or the owner's agent to remove the cart from the premises of the business that owns or rightfully possesses the cart.

(Ord. No. 1083, § 3, 10-24-2017)

It shall be unlawful for any person, or an agent thereof, to leave, or permit to be left, any cart, either owned by him or in his possession, custody or control, upon any sidewalk, street, or other public place, or upon any private property, except that of the owner of such cart.

(Ord. No. 1083, § 3, 10-24-2017)

It shall be unlawful for any person, or an agent thereof, to be in possession of any cart while that cart is not located on the premises or parking lot of a retail establishment without the express written consent of the owner of the cart.

(Ord. No. 1083, § 3, 10-24-2017)

Every owner who allows or intends to allow the use of carts outside the building of a business shall develop and implement a specific plan to prevent customers from removing carts from the business premises. The plan must include the following elements:

1. Notice to Customers. Written notification shall be provided to customers that removal of carts from the premises and parking lots is prohibited and a violation of state and local law. This notice may be provided in the form of flyers, warnings on shopping bags, or any form of written notification that will effectively notify customers of the prohibition;

2. Signs. Signs shall be placed in pertinent places as required by Section 8.35.030;

3. Physical Measures. Specific physical measures shall be implemented to prevent or minimize the opportunity for cart removal from the business premises. These measures may include, but are not limited to, disabling devices on all carts, posting of a security guard to deter and stop customers who attempt to remove carts from the business premises, allowing no carts outside the building of the business unless in the company of an employee, bollards and chains around business premises to prevent cart removal, security deposits required for use of all carts, or the rental or sale of carts that can be temporarily or permanently used for the transport of purchases;

4. Collaboration with Other Businesses. Two or more businesses may collaborate and submit to the city a single plan;

5. Evaluation Report. The owner shall prepare an annual report which shall be submitted to the city's director of economic and community development each July 1, evaluating the measures that were used and approved in the prior year. The report shall include, but not be limited to, the inventory of carts owned/used by the business establishment and the number of carts that had to be replaced due to loss, theft, or abandonment; and

6. Mandatory Cart Retrieval. In addition to the above provisions, an owner must provide to and have approved by the city, a plan to provide for retrieval of abandoned carts by its employees, or have entered into a contract for cart retrieval services that is approved by the city.

(Ord. No. 1083, § 3, 10-24-2017)

A. Submission of Plan; Approval Process; Request for Hearing.

1. The proposed plan for preventing cart removal shall be submitted to the city's director of economic and community development for compliance with Section 8.35.070 within ninety days after adoption of this article and by July 1 of each year thereafter. The city's director of economic and community development shall approve or reject the plan within thirty days of receipt. If approved, the proposed measures shall be implemented by no later than thirty days after approval. If the proposed plan is the same as the previous year, the prevention measures shall be continued.

2. Should the city's director of economic and community development reject the plan, the owner may appeal the decision as set forth in Chapter 8.01 of this title.

3. The request for hearing shall be made in writing to the city manager within ten days of notification of the director's determination. After receiving the request for hearing, the city manager, or his designee, shall conduct a hearing. A continuance of the hearing may be granted upon written request to the city manager.

4. Written notice of the date, time, and place of the hearing shall be served at least ten days prior to the hearing. Notice of the hearing shall be sent to the owner by first class mail at the address provided by the owner. The hearing shall be set no sooner than twenty days following the request for hearing.

B. Evaluation Report. A report evaluating the effectiveness of the plan established pursuant to subsection (a) above shall be furnished to the city by July 1 of each year. The director of economic and community development shall approve or reject the report. If the director of economic and community development rejects the report, the owner shall have the same right to appeal as set forth in subsection A. of this section.

C. Failure to Submit Prevention Plan or Implement Prevention Measures. Any owner that fails to submit a plan, implement the proposed plan measures, or implement any required modifications to the plan by the city within the timeframes specified in this article shall be required to keep all carts inside the building of the business.

D. Penalty for Failure to Submit Evaluation Report or Keep Carts Inside Building. Any owner that fails to timely submit an evaluation report as required by Section 8.35.070(5) or fails to keep all carts inside the building of the premises, if applicable, shall be subject to administrative penalties, in amounts established pursuant to Chapter 1.14 of the Rocklin Municipal Code.

(Ord. No. 1083, § 3, 10-24-2017; Ord. No. 1100, § 3, 8-14-2018)

A. Notice to Retrieve Carts. The city shall notify the owner of any abandoned carts owned or used by the business establishment that have been located within the city. The owner shall have three days from the date the notification is given to retrieve the carts from the specified location. The city shall keep a record of notifications for retrieval of abandoned carts for purposes of determining the effectiveness of the plans to prevent the removal of carts.

B. Administrative Costs and Fines for Failure to Comply with Notice. Any owner that fails to retrieve its abandoned cart(s) after receiving the three-day notice by the city shall pay the city's administrative costs for retrieving and impounding the cart(s) and providing the notification to the owner, in addition to any administrative penalties imposed for failure to comply with the provisions of this chapter. Such administrative costs shall be set forth in a resolution establishing fees and charges for various municipal services.

C. Impoundment Without Notice. Notwithstanding subsection A. of this section, the city may impound an abandoned cart without providing the three-day notice, provided that the owner is provided with actual notice within twenty-four hours following the impound and the notice informs the owners as to the location where the cart may be claimed. Any cart reclaimed by the owner within three business days following the date of actual notice shall be released to the owner without charge. Any cart not reclaimed by the owner within three business days following actual notice shall be subject to the fees and penalties set forth in subsection B. of this section.

D. Disposition of Unclaimed Carts. Any cart not reclaimed from the city within thirty days after notification to the owner shall be sold or otherwise disposed of by the city.

(Ord. No. 1083, § 3, 10-24-2017)

A. Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, licenses, or causes a violation thereof, and shall be punished accordingly.

B. It is unlawful and a public nuisance to violate any of the provisions of this chapter. Any person who engages in conduct prohibited by this chapter may be subject to the following penalties:

1. The first violation of this chapter is an infraction punishable by a fine not to exceed one hundred dollars.

2. A second violation of this chapter within one year, or the continued violation of this chapter after being directed to cease and desist the unlawful activity, is a misdemeanor.

C. The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief.

D. In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this chapter may be subject to administrative remedies, as set forth in Title 1.

(Ord. No. 1083, § 3, 10-24-2017)