Rohnert Park Municipal Code Ch. 5.30 Shopping Cart Management Program

Footnotes:

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Editor's note— Ord. No. 942, § 4, adopted Jan. 28, 2020, repealed the former Ch. 5.30, §§ 5.30.010—5.30.120, and enacted a new Ch. 5.30 as set out herein. The former Ch. 5.30 pertained to abandonment of shopping carts and derived from Ord. 625 §§ 2, 3, 1996; and Ord. 595 §§ 3—14, 1995.

The purpose of this chapter is to set forth regulations to ensure measures are taken by the owners and operators of businesses, which provide shopping carts for the convenience of customers, to prevent the removal of shopping carts from business premises and parking lots, and to provide for the prompt retrieval of lost, stolen or abandoned shopping carts. The regulations in this chapter are designed to complement and supplement provisions of state law; any perceived conflict with state law should be read to give effect to state law so as to avoid a preemption issue.

(Ord. No. 942, § 4, 1-28-2020)

Except as otherwise expressly set forth herein, the following terms and phrases shall have the following meanings:

A. "Abandoned shopping cart," see "Lost, stolen or abandoned shopping cart."

B. "Cart" or "shopping cart" means a basket that is mounted on wheels or a similar device generally used in a retail or commercial establishment, typically by a customer, for the purpose of transporting goods of any kind. The term "shopping cart" or "cart" includes a laundry cart.

C. "City" means the City of Rohnert Park, California, or its designated representative.

D. "City manager" means the city manager of the city or their designee.

E. "Director" or "director of development services" means the director of development services of the city or their designee, or such other person designated by the city manager.

F. "Enforcement personnel" means any Rohnert Park public safety officer, community service officer, code compliance manager, code compliance officer or any other person designated by the city manager.

G. "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 fabrics.

H. "Lost, stolen or abandoned shopping cart" means a shopping cart which is either:

1. Removed from the premises of a retail establishment by any person, without the written permission or consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart; or

2. Left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with the permission of the owner.

I. "Owner" means any owner, manager, operator, or employee of any retail establishment.

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

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

L. "Public property" means and includes, but is not limited to, all areas dedicated to public use for public street purposes; roadways; alleys; sidewalks; flood control channels; and any public right-of-way.

M. "Retail establishment" means any business located in the city, regardless of whether the business is advertised or operated as a retail or wholesale business, and regardless of whether the business is open to the general public, or is a private club or business, or is a membership store.

N. "Shopping cart containment plan" or "SCCP" means a written shopping cart containment plan that may be required by the director upon making a determination that an SCRP is ineffective in preventing the removal of shopping carts, or otherwise fails to comply with the provisions of this chapter, as set forth in Section 5.30.070.

O. "Shopping cart retention/retrieval plan" or "SCRP" means a written shopping cart retention/retrieval plan, for the retrieval of lost, stolen or abandoned shopping carts which have been removed from the premises of their retail establishment, approved by the director as set forth in Section 5.30.050.

(Ord. No. 942, § 4, 1-28-2020)

The director of development services shall oversee the implementation, administration and enforcement of this chapter. The director is hereby authorized and directed to promulgate and implement rules, regulations and procedures necessary or appropriate for enforcement of this chapter.

(Ord. No. 942, § 4, 1-28-2020)

Except as otherwise expressly provided in this chapter, it shall be unlawful for the owner or operator of any retail or commercial establishment to offer or provide, or permit to be provided or offered, any shopping carts for use by any customer, invitee, employee, or contractor, without an approved shopping cart retention/retrieval plan or shopping cart containment plan.

(Ord. No. 942, § 4, 1-28-2020)

A. Plans Requirements Generally. An approved plan shall include adequate measures, as determined by the director, so that all abandoned shopping carts are retrieved within twenty-four hours of:

(1) Their removal from the property; or

(2) Notification by enforcement personnel.

The owner or operator may employ the personnel of the retail establishment itself or a professional retrieval service. An approved plan shall require that shopping carts located on the premises of all retail establishments be collected throughout the day and night and placed within designated corral area(s), and adequately secured during non-business hours.

B. Application Required. Owners of every retail establishment that utilize carts shall submit an application to the city to develop and implement a written shopping cart retention/retrieval plan (SCRP) for the retrieval of lost, stolen or abandoned shopping carts which have been removed from the premises of their retail establishment as set forth in this section. An application fee for a SCRP may be established by resolution of the city council. Within sixty calendar days of the effective date of this chapter, all owners of existing retail establishments that already utilize carts shall submit an application to the director of development services. New retail establishments or existing establishments seeking to begin the use of carts in business operations shall submit and receive approval of a SCRP prior to commencing business operations.

1. Two or more retail establishments located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single SCRP.

2. In this circumstance, each retail establishment would submit individual applications and would continue to retain individual responsibility for their own compliance.

C. Required Contents. At a minimum, an application for a SCRP shall include the following:

1. A completed and signed SCRP application, on a form provided by the director;

2. A minimum eleven inch by seventeen inch site plan showing all entrances and exits for both the establishment and the premises; the placement location(s) for signage notifying customers that shopping carts may not be removed from the premises without written authorization; and the location(s) of all cart corral area(s);

3. A signage exhibit that provides illustrations for all signage types required under Section 5.30.060 of this code;

4. A written plan describing how shopping carts located on the premises will be collected throughout the day and night and be placed within designated corral areas; and

5. A written plan describing offsite collection measures to be implemented by the applicant that ensure that all abandoned shopping carts are retrieved (by employees or an off-site contractor) within twenty-four hours of their removal from the property. Owners of every retail establishment that utilize carts shall provide evidence, in the form of an executed service contract, agreement, or employee duties assignment document, that they have engaged the services of a valid shopping cart retrieval service or made adequate plans to use in-house employees to retrieve all carts that leave the premises.

D. The director may deny an application for a SCRP based upon any of the following grounds:

1. Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police or other provision of this code or any county, state or federal law which substantially affects public health, welfare, or safety;

2. The plan fails to include all of the information required by this chapter;

3. The plan is insufficient or inadequate to prevent removal of carts from the premises;

4. The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to cart retention and prevention efforts;

5. Implementation of the plan violates a term or condition of a plan or other requirement of this code;

6. The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made.

E. Notwithstanding Section 5.30.040, the director may allow an owner or operator to allow customers to use shopping carts during the pendency of an application for a SCRP.

(Ord. No. 942, § 4, 1-28-2020)

A. Cart Signage. It shall be unlawful for the owner or operator of any retail establishment to provide or offer, or permit to be provided or offered, to customers of said retail establishment any shopping cart which does not have a sign permanently affixed thereto containing all of the information specified in Section 22435.1 of the Business and Professions Code of the State of California. Every shopping cart made available for use by customers shall have vandalism-resistant signage permanently affixed to it, not smaller than sixty square inches in size, consisting of white lettering at least one-quarter inch in height on a contrasting background which:

1. Clearly identifies the specific name and location of the retail establishment that owns or uses the cart, and clearly displays a unique number that has been assigned to each cart;

2. Notifies the public of the procedure (if one exists) to be utilized for authorized removal of a cart from the premises;

3. Notifies the public that the unauthorized removal of a cart from the premises of the business, or the unauthorized possession of a cart, is a violation of state and local law; and

4. Lists a valid telephone number and address for returning a cart removed from the premises to the retail establishment.

The cart signage requirements of this section shall apply regardless of whether a SCRP or SCCP has been approved by the director.

B. Establishment Signage. Within thirty calendar days of the approval date of a SCRP, signs shall be posted at every customer entrance and exit to the retail establishment, measuring no less than seventeen inches by twenty-two inches in size, consisting of white lettering no smaller than one inch in height on a contrasting background, which notifies customers that shopping carts may not be removed from the premises. Additional signs may be posted on the premises notifying customers that shopping carts may not be removed from the premises.

C. Signage required under this section shall be maintained in legible condition at all times and replaced immediately as becomes necessary due to weathering, damage, vandalism, etc.

(Ord. No. 942, § 4, 1-28-2020)

A. Upon making a determination that a previously approved SCRP is ineffective in preventing the removal of shopping carts, or otherwise fails to comply with the provisions of this chapter, the director shall require the owner of the retail establishment to submit an application for a shopping cart containment plan (SCCP). The director may determine a previously approved SCRP is ineffective if:

1. Within any sixty calendar day period, there have been three or more incidents of shopping carts found off the premises for a period of time in excess of twenty-four hours; or

2. The owner or operator fails to maintain written evidence of retained collection staff as required under the SCRP; or

3. The owner or operator fails to maintain required signage as provided in Section 5.30.060 of this chapter.

B. SCCP application requirement. Should the director of development services determine, based on the criteria provided in Section 5.30.070(A) of this chapter, that a SCCP is required, the retail establishment shall submit their SCCP application within thirty days of notification. Notwithstanding Section 5.30.040, the director may allow an owner or operator that timely submits an SCCP application to allow customers to use shopping carts meeting the signage requirements of this code during the pendency of an application for a SCCP.

C. Application Contents. At a minimum, the SCCP application shall include the following:

1. A completed and signed SCCP application, on a form provided by the director; and

2. One or more of the following specific physical measures to prevent carts from leaving the premises:

a. Utilization of employee(s) to escort customers with carts to their vehicles, ensuring that carts do not leave the premises; or

b. Utilization of security personnel to prevent the physical removal of carts from the premises; or

c. Physical barriers located at doors, around loading areas or other defined perimeters, which will prevent the passage of carts beyond the barriers. The barriers may also be placed on the carts themselves so that a cart cannot pass through door openings or other defined perimeters; or

d. Disabling devices on all carts, which are activated when a cart crosses a barrier at the perimeter of the premises in order to immediately and effectively immobilize the cart at the barrier; or

e. Other means approved by the director of development services; and

3. All of the cart retrieval and retention measures required under Section 5.30.050 of this chapter.

D. The SCCP application shall be accompanied by an application fee established by resolution of the city council.

E. Plan Review and Approval. Upon the filing of any proposed SCCP application pursuant to this section, the director of development services shall review the proposed plan and either approve or deny the proposed plan within thirty calendar days following the receipt thereof by the director of development services. The proposed SCCP may be approved if the director of development services finds that the proposed plan complies with Section 5.30.070(C) of this chapter.

The decision of the director of development services shall be made in writing and notice thereof shall be transmitted to the owner in accordance with the provisions of Section 1.24.130 of this code. If the proposed SCCP is denied, the notice of decision given to the owner shall state the grounds upon which the proposed plan was denied, and the specific minimum physical containment measures necessary for resubmittal. SCCP resubmittals after denial shall be made within thirty days of such notification of denial. A decision of the director of development services may be appealed by the owner in the time and manner provided in this section.

F. Amendment by Owner. The owner of any retail establishment which has an approved SCCP conforming to the requirements of this chapter may, at any time, submit a proposed amendment to the approved plan, provided that the amendments do not represent a reduction in physical containment measures. The amendment shall be processed in the manner provided for in this section, and shall require payment of the applicable fee.

G. Amendment by City. The director of development services may require the owner of any retail establishment with an approved SCCP to amend said plan when the approved plan is deemed ineffective in preventing the removal of shopping carts or otherwise fails to comply with the provisions of this chapter, pursuant to the same criteria used in Section 5.30.070(A) of this chapter.

(Ord. No. 942, § 4, 1-28-2020)

Within fifteen calendar days from any decision of the director of development services under this chapter, an affected owner or operator may file an appeal to the city manager, whose decision shall be final. In the absence of a timely appeal, the decision of the director of development services shall be deemed final and conclusive.

(Ord. No. 942, § 4, 1-28-2020)

Abandoned shopping carts may be impounded and disposed of pursuant to California Business and Professions Code Section 22435.7, or any successor statute that replaces Section 22435.7.

The city manager, or his authorized designee, may determine that a wrecked shopping cart that does not meet the signage requirements of this chapter is in such poor condition that it may be disposed of immediately, subject to any requirements in state law.

Any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen or abandoned, even if in the possession of any person, unless such person in possession thereof either:

A. Is the owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart;

B. Is an officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts;

C. Is enforcement personnel repositioning carts from a hazardous location (e.g., traffic lanes) to an adjacent, secure location, or otherwise impounding and disposing of carts having no identifying information; or

D. Has written permission or consent to be in possession of the shopping cart from the owner entitled to possession of the shopping cart.

(Ord. No. 942, § 4, 1-28-2020)

No person shall remove a cart from the premises of a retail establishment without the written consent of the owner. Any person found in possession of a cart that is offsite from its retail establishment, and that does not have in their possession written consent from the owner, shall be guilty of a misdemeanor, unless otherwise made an infraction pursuant to Section 1.16.010 of this code.

(Ord. No. 942, § 4, 1-28-2020)

A. Any violation of this chapter shall be deemed a misdemeanor and subject to Section 1.16.010 of this code.

B. It shall be deemed a public nuisance for any person owning, leasing, occupying or having charge or possession of any retail establishment in the city to allow shopping carts to be removed from their premises in violation of this chapter, or to fail to abide by the provisions of any SCRP or SCCP approved by the director. Any violation may be abated by the city through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances, and each person violating a requirement under this chapter shall be subject to all enforcement procedures available to the city, including the institution of administration remedies under Chapter 1.24 or Chapter 1.25. Any person who violates any of the provisions of this chapter shall be responsible for the city's attorney fees associated with the abatement.

C. The penalties set forth in this chapter are cumulative and in addition to all other remedies, violations and penalties set forth in this code, state law or federal law.

(Ord. No. 942, § 4, 1-28-2020)