Santa Paula Municipal Code Ch. 100 Shopping Carts

This chapter is adopted pursuant to Cal. Business and Professions Code § 22435.8 and the city's police powers for the purpose of regulating and prohibiting the removal of shopping carts from the premises of retail establishments. Abandoned shopping carts are a public nuisance because they constitute an eyesore, interfere with pedestrian and vehicle traffic, and contribute to blight. Accordingly, they detrimentally affect public health, safety and welfare.

(Ord. 1094, passed 2-17-04)

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

ABANDONED SHOPPING CART. Any shopping cart removed from the premises of an owner without the owner's written consent, whether the shopping cart is located on private or public property.

CITY MANAGER. The city's City Manager or designee.

LAUNDRY CART. A basket mounted on wheels and used in a coinoperated laundry or dry-cleaning retail establishment by customers or attendants for the purpose of transporting fabrics and the supplies necessary to process them.

OWNER. The person owning, or exercising possession and control over, shopping carts for the use of the owner's customers in connection with the management and operation of the owner's business enterprise. OWNER includes, without limitation, officer, employees, and agents of an owner.

PREMISES. The entire area owned and utilized by a business establishment that provides shopping carts for use by customers, including any parking lot or other off-street area provided by or for an owner for use by a customer for parking an automobile or other vehicle.

PUBLIC PROPERTY. The outdoor common area of any building, business premises, apartment building or complex, or other premises or portion thereof which is adjacent to public property, open to the public, and which contains a shopping cart or shopping carts visible at street or ground level from the adjacent public property.

SHOPPING CART. A basket 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, including a laundry cart.

(Ord. 1094, passed 2-17-04)

This chapter does not apply to:

(A) Shopping carts removed from an owner's premises for purposes of repair or maintenance that are in the possession or custody of the party to whom they have been released;

(B) Shopping carts located on private property owned or occupied by the person who has been granted written permission by the shopping cart owner to posses the shopping cart for not more than 72 consecutive hours when the shopping cart is not visible at street or ground level from the public property adjacent to the private property.

(Ord. 1094, passed 2-17-04)

The City Manager is authorized to administer this chapter which includes, without limitation, the ability to promulgate administrative policies and procedures to implement and enforce this chapter.

(Ord. 1094, passed 2-17-04)

(A) Every owner must affix to each shopping cart owned or provided by the owner a sign that includes the following information:

(1) Identification of the owner of the shopping cart or the business establishment to which it pertains, or both.

(2) Notification that the unauthorized removal of the shopping cart from the premises of the business establishment, or the unauthorized possession of the shopping cart, is a violation of law.

(3) Notification of the procedure for authorized removal of the shopping cart from the premises.

(4) A telephone number or address for returning the shopping cart to its owner or to the business establishment identified thereon. Although not required, the city urges owners to place current telephone numbers on each sign for effective implementation of this chapter.

(B) Violation of this section constitutes an infraction.

(Ord. 1094, passed 2-17-04) Penalty, see § 100.99

It is unlawful to possess a shopping cart off the premises of a business establishment without the express prior written approval of its owner, unless the person is in the process of immediately returning the shopping cart to the owner. Written permission to remove a shopping cart is valid for not more than 72 consecutive hours.

(Ord. 1094, passed 2-17-04) Penalty, see § 100.99

It is unlawful for any person to leave, or cause to be left, a shopping cart that was in his or her possession or custody on any public property or upon private property such that it becomes an abandoned shopping cart.

(Ord. 1094, passed 2-17-04) Penalty, see § 100.99

(A) Every owner must prepare, implement, and submit by April 5, 2004, a specific written plan to prevent customers from removing shopping carts from the owner's premises and to retrieve shopping carts that were removed from the premises. Plans may include the following elements and are subject to the specified approvals below:

(1) Notice to customers. Written notice may be provided to customers that removing shopping carts from the premises is unlawful. The notice must be provided in both English and Spanish.

(2) Signs. Signs may be placed in appropriate places near customer exits and near parking area exits to inform customers that shopping cart removal is unlawful.

(3) Preventive measures. Specific physical measures may be implemented to prevent removal of shopping carts from the owner's premises. These measures may include, without limitation, devices on shopping carts that automatically disable them if they are removed from the premises; employing personnel to advise and deter customers from removing shopping carts; installing obstacles to prevent shopping cart removal; collecting security deposits for use of shopping carts; renting or selling shopping carts to customers; and similar or like measures.

(4) Retrieval measures. Specific measures may be implemented to retrieve shopping carts that are removed from the owner's premises. The measures may include, without limitation, employment of personnel or contractors to retrieve shopping carts.

(B) Every plan submitted is subject for the City Manager's reasonable approval. In the event a plan demonstrates problems for implementation or is otherwise flawed, the City Manager will notify the owner to submit a revised plan to the City Manager within 30 days. The City Manager may also require an evaluation report detailing the measures used during the prior year to prevent shopping carts from being removed from the owner's premises and measures used to retrieve the shopping carts. The report may also include an inventory of shopping carts owned or used by the owner, the number of shopping carts which were retrieved after removal from the owner's premises during the previous 12 months, and the number of shopping carts replaced due to loss, theft or abandonment during the previous 12 months.

(C) Whenever an owner makes revisions to a plan, the revised plan must be submitted to the City Manager for approval.

(D) Violation of this section constitutes an infraction.

(Ord. 1094, passed 2-17-04) Penalty, see § 100.99

The City Manager may retrieve and impound any abandoned shopping cart. Three days after notifying the owner, the City Manager may also retrieve and impound shopping carts observed in a location outside the owner's premises when the owner has not retrieved it.

(Ord. 1094, passed 2-17-04)

(A) The City Manager may retrieve and impound any abandoned shopping cart without providing the three-day notice provided the City Manager gives actual notice to the owner of the impounded shopping cart within 24 hours following the impound. The notice must inform the owner of the location where the shopping cart may be claimed. Any shopping cart reclaimed by the owner within three business days after the date of the notice must be released and surrendered to the owner at no charge, including waiver of any impound and storage fees or fines which otherwise would be applicable.

(B) The owner of any shopping cart not reclaimed within three business days after the date of actual notice is subject to prosecution or the imposition of any administrative costs, fees, fines, interest and other penalties applicable under this chapter commencing four business days after the date of notice.

(C) Any shopping cart not reclaimed by the owner within 30 days after receiving actual notice may be sold or disposed of pursuant to this chapter.

(Ord. 1094, passed 2-17-04)

Pursuant to Cal. Business and Professions Code § 22435.7, the City Manager may sell or otherwise dispose of any shopping cart impounded by the City Manager that has not been reclaimed by its owner within 30 days after the owner receives notice.

(Ord. 1094, passed 2-17-04)

Pursuant to Cal. Business and Professions Code § 22435.7(c), the City Manager or any city officer, employee, or agent may immediately retrieve any shopping cart from public or private property if its location impedes emergency services.

(Ord. 1094, passed 2-17-04)

In addition to any other enforcement provision of this code, the City Manager may obtain compliance with this chapter by issuing administrative orders which are enforceable in a court or by direct court action. Without limitation, the City Manager is authorized to require installation of disabling devices on all shopping carts which prevent their removal from an owner's premises with respect to any owner who fails to prepare and implement a written plan.

(Ord. 1094, passed 2-17-04)

(A) Pursuant to Cal. Business and Professions Code § 22435.7(f), any owner failing to retrieve the owner's shopping carts within three days after being notified regarding such shopping cart being off the owner's premises, is guilty of a violation of the Cal. Business and Professions Code and this chapter and may be punished with an administrative fine of $50 for each occurrence in excess of three during the six month periods ending on June 30 and December 31 of each calendar year.

(B) Pursuant to Business and Professions Code § 22435.7(i), any owner failing to reclaim the shopping carts impounded by the city within three business days from the date of actual notice of impoundment is guilty of a violation of the Cal. Business and Professions Code and this chapter and may be punished with an administrative fine of $50 for each occurrence in excess of three during the six month periods ending on June 30 and December 31 of each calendar year.

(C) For purposes of this section, an occurrence includes the retrieval of all shopping carts of an owner in a one day period.

(D) In addition to the fines imposed above, the owner is required to pay the city's actual costs for retrieving and storing the owner's shopping carts except when reclaimed by the owner within three business days.

(Ord. 1094, passed 2-17-04)