San Bernardino Municipal Code Ch. 5.26 Shopping Carts

Abandoned shopping carts located outside the premises or parking areas of retail establishments and on public or private properties and viewable from the public rights-of-way are injurious to the public health, safety and welfare and constitute a public nuisance. This nuisance is caused by persons unlawfully removing shopping carts from the premises or parking areas of retail establishments, by certain retail establishments failing to maintain adequate supervision of their premises and parking areas and failing to implement effective cart removal prevention programs or cart retrieval programs. The purpose of this chapter is to establish reasonable regulations for the collection and impound of abandoned shopping carts and to supplement provisions of state law regarding the unauthorized removal of shopping carts from the premises and parking areas of retail establishments.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUTHORIZED CONTRACTOR. A private company providing shopping cart retrieval services, as designated by the City Council.

CITY. The City of San Bernardino or its designated representatives.

OWNER-IDENTIFIED SHOPPING CART. A shopping cart that has a permanently affixed sign that identifies, in accordance with the Cal. Business and Professions Code, § 22435.1, the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the owner’s premises; notifies the public that the unauthorized removal of the cart from the cart owner’s premises or parking area or the unauthorized possession of the cart is a violation of the state law; and lists a valid telephone number or address for returning the cart to the owner or retailer.

PERSON. An individual or entity.

PUBLIC PROPERTY. All real property in the city in which a public agency has a fee simple, easement, lease-hold interest or any possessory interest. This includes, but is not limited to, streets, sidewalks, parks and flood control facilities.

RETAIL ESTABLISHMENT. Any establishment utilizing shopping carts outside of the establishment.

SHOPPING CART or CART. A basket that is mounted on wheels or a similar device generally used in retail establishment by a customer for the purpose of transporting goods of any kind.

UNIDENTIFIED SHOPPING CART. A shopping cart that is not an owner-identified shopping cart.

(A) Upon the discovery of an unidentified shopping cart on public property, the city or its authorized contractor may remove the cart. Such carts shall be tagged with date and location and shall be impounded for 30 calendar days at a location selected by the city. A claim for a cart shall be presented to the City Administrator, or his or her duly authorized representative, and shall be accompanied by proof of ownership of the cart. A person demonstrating proof of ownership of a cart stored by the city shall pay the city’s tagging and retrieval fee, as set by City Council resolution, prior to the cart being released.

(B) Upon the discovery of any owner-identified shopping cart on public property, the city or its authorized contractor may remove the cart and promptly return it to the owner or premises identified thereon, or impound the same for safekeeping and provide actual notice within 24 hours following such storage to the owner, or his or her agent, where it may be retrieved at no charge or cost if so retrieved within three business days following the date of actual notice as provided herein. Each such cart shall be tagged with the date and location of impoundment. Pursuant to Cal. Business and Professions Code, § 22435.7(i), said actual notice given to the owner of any owner-identified shopping cart which is impounded pursuant to this section shall further specify the date and time of such impoundment, the cost of retrieval if not so retrieved within three business days following date of actual notice and that failure to retrieve such cart within 30 calendar days of receipt of such notice may result in the cart being disposed of as permitted by law.

(C) This section shall not apply to a cart attended by any person who can demonstrate, to the satisfaction of the city or its authorized contractor, ownership of the shopping cart, or written permission of the owner, to have the cart in his or her possession.

After the expiration of the 30-day period specified in § 5.26.030(A), the city, or its authorized contractor with the city’s approval, may sell an unclaimed unidentified shopping cart at public auction or otherwise dispose of the cart. After the expiration of the 30-day period specified in § 5.26.030(B), the city may sell or otherwise dispose of any unclaimed owner-identified shopping cart as authorized by Cal. Business and Professions Code, § 22435.7(g).

(A) It shall be a misdemeanor for any person to remove any tag affixed by the city, or its authorized contractor, to any shopping cart with the intent of interfering with the enforcement of this chapter or evading any of its provisions.

(B) It shall be a misdemeanor for any person to obstruct, impede or interfere with any representative of the city, or its authorized contractor, who is engaged in tagging, removing or transporting a shopping cart in accordance with this chapter.

(A) It shall be a misdemeanor to do any of the following acts with respect to an owner-identified shopping cart:

(1) Remove a shopping cart from the premises or parking area of a retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;

(2) Be in possession of any shopping cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;

(3) Be in possession of any shopping cart with serial numbers removed, obliterated or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;

(4) Leave or abandon a shopping cart at a location other than the premises or parking area of the retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;

(5) Alter, convert or tamper with a shopping cart, or remove any part or portion thereof, or to remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart; and

(6) Be in possession of any shopping cart while that cart is not located on the premises or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

(B) This section shall not apply to any person who can satisfactorily demonstrate ownership of the shopping cart, or to any person having written permission of the owner to have the cart in his or her possession.

(C) Any such shopping cart in the possession of any person found to be in violation of Cal. Business and Professions Code, § 22435.2 may be returned to the owner or premises identified thereon by the city or its authorized contractor, or may be impounded for safekeeping provided actual notice within 24 hours following such storage is given to the owner, or his or her agent, where said cart may be retrieved at no charge or cost if so retrieved within three business days following the date of actual notice as provided herein. Each such cart shall be tagged with the date and location of impoundment. Pursuant to Cal. Business and Professions Code, § 22435.7(i), said actual notice given to the owner of any such shopping cart which is impounded pursuant to this section shall further specify the date and time of such impoundment, the cost of retrieval if not so retrieved within three business days following date of actual notice and that failure to retrieve such cart within 30 calendar days of receipt of such notice may result in the cart being disposed of as permitted by law.

(A) Any person who can demonstrate that he or she is a cart owner may appeal the imposition of a tagging and retrieval fee by presenting evidence that the cart removal and storage was not performed substantially in accordance with the provisions of this chapter. Appeals shall be made in writing to the Mayor, or the Mayor’s duly authorized representative, within ten calendar days of notification of such assessed fee. An office hearing will be held within 30 calendar days of the receipt of such appeal request. The shopping cart owner or authorized representative may appear and be heard on the matter. If the Mayor, or the Mayor’s duly authorized representative, determines that the shopping cart was not removed and stored in substantial accordance with the provisions of this chapter, the tagging and retrieval fee shall be waived and the shopping cart shall be returned.

(B) The Mayor, or the Mayor’s duly authorized representative, shall, within ten working days after the conclusion of the hearing, give written notice of his or her decision to the party or parties who filed the appeal. The notice shall contain the decision and the reasons therefor. The decision of the Mayor, or the Mayor’s duly authorized representative, shall be final and conclusive and shall not be subject to any further appeal. Pursuant to Cal. Code of Civil Procedure, § 1094.6, any action to review said decision shall be commenced not later than the ninetieth day after the date of the written notice of decision.

(Ord. MC-1038, passed 1-12-1999)