Chapter 7.15 — ABANDONED SHOPPING CARTS

This chapter shall be known as the "Abandoned Shopping Carts" ordinance. (Ord. 560 § 3, 2019)

The off-site accumulation of wrecked, dismantled or abandoned shopping carts, or parts thereof, reduces property values, promotes blight and deterioration, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is aesthetically detrimental to the community and injurious to the health, safety and general welfare. Responsibility for minimizing or eliminating this impact rests with individuals who use shopping carts and the businesses, which provide shopping carts for their patrons. Therefore, effective containment or control of the shopping carts is necessary, and the presence of wrecked, dismantled or abandoned shopping carts, or parts thereof, within the City, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 560 § 3, 2019)

The following words and phrases, when used in this chapter, have the meanings in this section unless, from the context, a different meaning is intended or specifically defined:

"Abandoned shopping cart" means a shopping cart located outside the premises or parking lot or facility of the business establishment, which furnishes the shopping cart for use by its patrons.

"Director" means the Director of Community Services or designee.

"Shopping cart" means any basket of any size, mounted on wheels or a similar device, including parts thereof, provided by a store operator for the purpose of transporting goods of any kind within a business establishment and/or designated parking or loading area of that business establishment.

"Shopping cart owner" means the owner of the shopping cart, the agent of the owner of the shopping cart, including individuals or business entities, or the business establishment, which furnishes the shopping cart for use.

"Store premises" mean the lot area, maintained and managed by the business, that may include the building, parking lot and adjacent walkways, and where the business' shopping carts are permitted.

(Ord. 560 § 3, 2019)

The provisions of this chapter are administered and enforced by the Community Services Department, or the Sheriff's Department, as noted below. In enforcing the provisions of this chapter, employees of the aforementioned departments may enter onto both public and private property to examine a shopping cart or parts thereof, or to obtain information as to the identity of a shopping cart owner, and to remove, or cause the removal of a shopping cart, or parts thereof, in conformance with State law, when found to be abandoned pursuant to this chapter.

• (Ord. 560 § 3, 2019)

• A. All shopping cart owners must implement a shopping cart management plan to effectively manage the control of their shopping carts so that the off-site accumulation of carts does not become a public nuisance.

• B. Upon request by the Director, shopping cart owners must submit a plan to the Director for review outlining how the owner is or proposes to manage shopping carts so that they are not a public nuisance. Information requested may include a description of the management control system, a monthly shopping cart inventory, monthly loss and recovery data specific to that business location, and such other information deemed reasonable by the Director to determine the adequacy of the shopping cart containment system or control method.

• C. If the Director determines that the shopping cart management system being used by a shopping cart owner is creating a public nuisance, and therefore not effective for that store premise, the Director may require a shopping cart owner to utilize an alternate, more effective shopping cart management system. Options that may be considered include, but are not limited to: (1) a shopping cart wheel lock system; (2) posting a guard in the parking lot to stop the removal of shopping carts during business hours; (3) requiring an employee to accompany and immediately retrieve every shopping cart that is removed from a store upon placement of purchases into a customer's vehicle; (4) establishment of an effective off-site shopping cart retrieval system; (5) requiring shopping carts to be secured during nonbusiness hours, and any combination thereof. Approval of an alternate system does not relieve the shopping cart owner of the responsibility to effectively manage the control of their shopping carts so that they are not a public nuisance. Any decision of the Director may be appealed to the City Council.

• D. All shopping cart owners shall post a sign not less than 18 inches in width and 24 inches in height with block lettering not less than one-half inch in width and two inches in height in a conspicuous place on the building within two feet of all customer entrances and exits stating, at a minimum, the following:

REMOVAL OF SHOPPING CARTS FROM THE PREMISES IS PROHIBITED BY LAW.

B and P Code Section 22435.2

(Ord. 560 § 3, 2019)

Procedures related to the unauthorized removal and possession of any shopping cart pursuant to Business and Professions Code, Sections22435.2—22435.5 shall be administered by the Sheriff's Department, if deemed warranted by the City Manager. (Ord. 560 § 3, 2019)

• A. Procedures related to the abatement, removal, and storage of abandoned shopping carts pursuant to Business and Professions Code, Section 22435.7 shall be administered by the

Community Services Department, if deemed warranted by the City Manager.

• B. The administrative fees for the removal and storage of shopping carts shall be established or modified by resolution of the City Council and shall include the actual cost of removal and storage of any shopping cart, or parts thereof, plus the proportionate share of administrative costs in connection therewith. The schedule for such fees shall remain on file and be available in the Finance Department of the City. The Director of Community Services shall review the fees charged for such service at least once annually, and may, with the approval of the City Manager, recommend changes to the Council when the costs for such services make it appropriate.

• (Ord. 560 § 3, 2019)

This chapter is not to be construed as the exclusive regulation of wrecked, dismantled or abandoned shopping carts within the City. It shall supplement and be in addition to other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, State or any other legal entity or agency having jurisdiction.

(Ord. 560 § 3, 2019)