San Clemente Municipal Code Ch. 8.60 Shopping Carts

Any business providing to its customers shopping carts (as that term is defined in Section 8.60.020 of this code) shall permanently affix to the shopping cart a sign that identifies the owner of the shopping cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the shopping cart from the premises; notifies the public that the unauthorized removal of the shopping cart from the premises or parking area of the retail establishment, or the unauthorized possession of the shopping cart, is a violation of state law; and lists a valid telephone number or address for returning the shopping cart removed from the premises or parking area to the owner or retailer.

(Ord. 1181 § 1, 1996: Ord. 1133 § 1, 1994)

A. Definitions.

"Owner" shall mean that person or entity whose name is required to appear on the shopping cart as provided in Section 8.60.010.

"Public right-of-way" shall mean any sidewalk, street, alley, lane, court, park or parkway on public property or other public place as defined in Section 12.24.010 of this code.

"Shopping cart" shall mean a nonmotorized basket which is mounted on wheels or a similar device generally used in retail establishments by a customer for the purpose of transporting goods of any kind.

B. Removal.

1. Removal Without Charge to Owner.

Any unattended shopping cart located outside the premises or parking area of a retail establishment and within the public right-of-way may be immediately removed by the City or its authorized agent. If the shopping cart contains a sign with the information required by Business and Professions Code Section 22435.1, the City shall, within forty-eight (48) hours of the shopping cart's removal, attempt to notify the owner or the owner's agent that the shopping cart has been removed from the public right-of-way and the address at which the shopping cart is currently located. Any owner wishing to recover a shopping cart removed pursuant to this subsection B1 may appear during normal business hours within thirty (30) days of the date of notice at the location and times indicated in the notice and redeem the shopping cart free of charge.

2. Removal With Charge to Owner.

a. Removal of Shopping Carts Containing Identification Signs.

Any unattended shopping cart containing the sign required by Business and Professions Code Section 22435.1 which is located outside the premises or parking area of a retail establishment and within the public right-of-way may be removed by the City or its authorized agent at the owner's cost if, prior to said removal, the City provides to the owner or the owner's agent a minimum of three (3) business days' actual notice of the shopping cart's discovery and location. Within forty-eight (48) hours after said removal, the City shall again attempt to notify either the owner of the shopping cart or the owner's agent, either by telephone or in writing, that the City has removed the unattended shopping cart from the public right-of-way and the address at which the shopping cart is then located. Any owner wishing to recover a shopping cart removed pursuant to this subsection B2a may appear during normal business hours at the applicable location and, after paying the fifty dollar ($50.00) fine authorized by Business and Professions Code Section 22435.7 sub. (f) (the fine), if applicable, and the removal and storage fee established by City Council resolution, redeem the shopping cart. The fine shall only be required to be paid if the owner or the owner's agent fails to retrieve one or more shopping carts within the applicable three (3) day period on three (3) separate occasions within any six (6) month period.

b. Removal of Shopping Carts Without Identification Signs.

Any unattended shopping cart not containing the sign required by Business and Professions Code Section 22435.1 which is located outside the premises or parking area of a retail establishment and within the public right-of-way may be immediately removed by the City or its authorized agent at the owner's cost. Within forty-eight (48) hours of said removal, the City shall attempt to notify the owner (if the identity of the owner is known), either by telephone or in writing, that the City has removed the shopping cart from the public right-of-way and the address at which the shopping cart is then located. Any owner wishing to recover a shopping cart removed pursuant to this Section B2b may appear during normal business hours within thirty (30) days of the date of notice (or, if no notice is given because the identity of the owner is not known, within thirty (30) days after removal) at the applicable location, and after paying the removal and storage fee established by City Council resolution, redeem the shopping cart.

C. Hearing. .....Any owner of a shopping cart who has been charged a fee or fine to redeem a shopping cart shall be entitled to obtain a hearing as to whether the fee has been properly charged by providing to the City Clerk a written request for a hearing within fifteen (15) days of receipt of notice that the shopping cart has been removed. The hearing shall be held not later than thirty (30) days from the date of the hearing request and the owner shall be notified of the time, date, and location of the hearing. The City Manager or his or her designee shall appoint a hearing officer. If the hearing officer determines that the City properly removed the shopping cart and the owner has been charged the appropriate amount, the owner shall pay all costs associated with the administrative hearing and, if he or she desires to redeem the shopping cart, pay any applicable fee and/or fine. If the hearing officer determines that the owner has been improperly charged a fee and/or fine, the owner shall be entitled to redeem the shopping cart at an adjusted fee and/or fine or at no charge, whichever is applicable.

D. Location of Removed Shopping Carts. .....Any shopping cart removed by the City from the public right-of-way pursuant to this Section 8.60.020 shall be taken to a location which is:

1. Reasonably convenient to the owner of the shopping cart; and

2. Open for business at least six (6) hours of each business day.

E. Destruction of Removed Shopping Carts. .....The City shall be permitted to destroy or otherwise dispose of any shopping cart removed by the City from the public right-of-way pursuant to this Section 8.60.020 in the following circumstances:

1. The shopping cart fails to contain a sign or other information that identifies the owner or the City is unable to locate the owner with reasonable diligence; or

2. The owner of the shopping cart or the owner's agent has failed to reclaim the shopping cart from the City within thirty (30) days of receipt of notice that the shopping cart was removed by the City.

F. Exemption. .....The City Manager may exempt an owner from the provisions of these subsections if the owner has implemented a plan whereby employees provide cart retrieval, or whereby the cart owner has entered into a contract with a cart retrieval service and has provided the City with proof of such contract, provided the frequency of the cart retrieval service meets the City Manager's approval.

(Ord. 1181 §§ 2 — 4, 1996; Ord. 1133 § 2, 1994)

It is unlawful to do any of the following acts if a shopping cart has a permanently affixed sign as provided in Section 8.60.010:

A. Removal. .....No person shall remove any shopping cart from the premises or parking area of any business establishment without the written consent of the owner.

B. Possession. .....No person shall have in his or her possession any shopping cart that has been removed from the premises or parking area of any business establishment without the written consent of the owner.

C. .....This section shall not apply to shopping carts removed as authorized in writing by the owner or retailer for the purpose of repair, maintenance, or disposal.

(Ord. No. 1722, § 3, 2-1-2022)