Sacramento Municipal Code Ch. 5.82 Shopping Carts

"Abandoned cart" means any cart that has been removed from the owner's premises without written consent of the owner and is located on either public or private property.

"Abandoned cart prevention plan" or "plan" means a plan that meets the requirements of Section 5.82.060 and has been approved by the code enforcement manager as required by Section 5.82.070.

"Cart" means a basket that is mounted on wheels or a similar device that is provided by an owner to a customer for the purpose of transporting goods of any kind.

"Owner" means a person or entity who, in connection with the conduct of a business, makes fifty (50) or more carts available to the public.

"Premises" means the entire area owned, occupied or utilized by an owner, including any parking lot or other property provided by or on behalf of an owner for customer parking or use. (Ord. 2002-039 § 1)

Every cart provided by any owner must have a sign permanently affixed to the cart that contains all of the following information:

A. The identity of the owner;

B. The address and phone number of the owner for cart return;

C. A statement that the removal of the cart from the premises is a violation of state law and Chapter 5.82 of this code; and

D. The procedure for authorized removal of the cart from the premises. (Ord. 2002-039 § 1)

It is unlawful for any person to cause or permit any cart to be abandoned on or upon any sidewalk, street or other public area, or any private property, other than the premises of the owner of such cart. (Ord. 2002-039 § 1)

It is unlawful for any person, either temporarily or permanently, to remove a cart from the premises of the owner of such cart, or to be in possession of a cart that has been removed from the premises of the owner of such cart, which is properly marked in conformity with this chapter, without the written consent of the owner. This section shall not apply to carts removed from the premises, with the consent of the owner, for the purposes of repair, maintenance or disposal. (Ord. 2002-039 § 1)

There shall be posted by the owner, prominently and conspicuously, at all public entrances and exits to the business, a notice in substantially the following form: REMOVAL OF SHOPPING CARTS (or Laundry Carts, or other types of carts, if applicable) IS PROHIBITED BY LAW AND SHALL SUBJECT THE VIOLATOR TO A MINIMUM FINE OF $ 100.00. (Ord. 2002-039 § 1)

Every owner who allows or intends to allow the use of carts outside a building or enclosed area of a business shall develop, implement and comply with an abandoned cart prevention plan.

A. The plan must include, at a minimum, the following information:

1. The name of the business, address and phone number of the premises where the business is conducted, and the address and phone number of the cart owner, if different;

2. A procedure for providing notification to customers that removal of carts from the premises is prohibited and a violation of state and local law in addition to the notice required under Sections 5.82.020 and 5.82.050. 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;

3. A description of the physical measures that will be implemented to prevent the removal of carts from the premises. Physical measures may include, but are not limited to: devices on carts that prevent their removal from the premises; posting of a security guard to deter and stop customers from removing carts from the premises, prohibiting carts outside the building of the business unless accompanied by an employee; bollards and chains around the premises to prevent cart removal; security deposits required for use of carts; or the rental or sale of carts that can be temporarily or permanently used for transport of purchases off of the premises; and

4. A procedure for the retrieval of abandoned carts by its employees, or proof that the owner has entered into a contract for cart retrieval services that has been approved by the code enforcement manager.

B. Two or more businesses may collaborate and submit a single plan. (Ord. 2002-039 § 1)

A. Each owner shall submit a proposed abandoned cart prevention plan to the code enforcement manager or designee within ninety (90) days of the effective date of this chapter, and by July 1st of each year thereafter. Proposed businesses shall have an approved abandoned cart prevention plan prior to commencing business. After initial submission and approval of an abandoned cart prevention plan, an owner submitting the same plan to comply with the requirement of submitting a plan by July 1 of each subsequent year, may do so by submitting a letter of intent stating that the owner is submitting the plan currently in operation.

B. The code enforcement manager or designee shall approve or reject the proposed abandoned cart prevention plan within ninety (90) days of the plan's submission. The code enforcement manager or designee may deny a plan 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 chapter;

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.

C. If the plan is rejected as incomplete or inadequate, the code enforcement manager or designee shall indicate areas that are incomplete or inadequate, and the owner shall have an additional thirty (30) days within which to resubmit a complete and adequate plan. The code enforcement manager or designee shall approve or reject the resubmitted plan within thirty (30) days of the date of resubmission of the plan.

D. Once approved, the measures included in the plan shall be implemented no later than thirty (30) days of the plan's approval. If an owner is proposing new measures, the measures from the approved plan in the previous year shall be continued until the new measures are implemented.

E. Any owner that fails to submit a plan, implement the plan measures, or implement any required modifications to the plan within the time frames specified in this chapter shall be required to keep all carts inside the building or enclosed areas of the business.

F. Any owner that fails to keep all carts inside the building or enclosed area of the premises, if applicable, may be subject to administrative penalties imposed pursuant to Chapter 1.28 of this code.

G. The code enforcement manager or designee's decision to deny a plan shall be appealable to the city manager. A written notice of appeal must be submitted to the code enforcement manager within ten (10) days of the denial of the plan and accompanied by a copy of the plan and the appropriate fee as set by resolution of the city council. The city manager shall review the plan under the grounds for denial set forth in subsection B of this section and provide a decision approving or denying the plan within thirty (30) days of receipt of the notice of appeal.

H. After an approved plan is in operation for three months, the plan shall be reevaluated to determine if it is effective. If the plan is ineffective, the owner must submit an amended plan to the code enforcement manager or designee. Any amended plan must be submitted within one month after notice of the plan's ineffectiveness. The code enforcement manager or designee shall approve or reject the amended plan within ninety (90) days of its submission.

I. Even though approved, a plan may be reevaluated at any time by the code enforcement manager if operation of the plan demonstrates the plan's insufficiency or inadequacy in preventing removal of carts from the premises. (Ord. 2002-039 § 1)

A. Notification for Retrieval of Abandoned Carts.

1. The city shall notify the owner of any abandoned carts located within the city.

2. The notice shall contain:

a. The street address or other description of the location of the abandoned carts;

b. The number of carts at that location;

c. The date and approximate time that the abandoned carts were found.

3. The notice may be served by personal service on the owner or by fax transmission.

4. The city may include multiple locations of abandoned carts on one notice.

5. The owner shall have three days from the date the notification is given to retrieve the carts from the specified locations.

B. Administrative Costs and Fines.

1. Any owner that fails to retrieve any abandoned cart after receiving the three-day notice by the city, shall pay the city's administrative costs for providing notice to the owner and for retrieving the cart.

2. Any owner that fails to retrieve an abandoned cart within three days in accordance with this chapter in excess of three times during a specified six-month period, shall be subject to a fifty dollar ($50.00) fine for each occurrence. An occurrence includes all carts owned by the owner that are impounded by the city in a one-day period. This fine shall be in addition to any other fees or costs that are due.

C. Alternative Provisions Regarding Retrieval of Abandoned Carts. Notwithstanding subsection A, above, the city may impound an abandoned cart so long as the owner is given notice within twenty-four (24) hours following the impound and the notice informs the owner as to the location where the cart may be claimed. Any cart reclaimed by the owner within three business days following the date of 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, above.

D. Disposition of Carts After Thirty Days. 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. (Ord. 2002-039 § 1)

Any person violating any provision of this chapter shall be guilty of an infraction. (Ord. 2002-039 § 1)