Temple City Municipal Code Ch. 11 Shopping and Laundry Carts

A. The city council finds that shopping carts and laundry carts are being removed from retail businesses and abandoned throughout the city on public and private property, which blight the city of Temple City, create safety hazards for pedestrians, create potential safety hazards for motor vehicle operators, increase the operating costs of retail businesses and cause the city to expend resources unnecessarily by deploying its employees to retrieve and remove such carts from public and private property. The city council also finds that the accumulation of such carts on public and private property diminishes property values and promotes blight throughout the entire city.

B. The city council finds that the conditions created by the removal of shopping carts and laundry carts from retail business premises and the abandonment of such carts throughout the city of Temple City constitute nuisances.

C. The purposes of this chapter are to require business owners that provide shopping carts and/or laundry carts to their customers to maintain such carts on their business premises, to require business owners to prevent persons from removing such carts from their business premises, to make it unlawful for any person to remove such carts from any business premises, to make it unlawful for any person to abandon such carts onto any public or private property, and to reduce the city's and/or business owners' costs of retrieving such carts from public and private property.

D. Therefore, pursuant to California Business And Professions Code section 22435.8, effective containment or control of shopping carts shall be mandated, and the presence of wrecked, dismantled or abandoned shopping or laundry carts, or parts thereof, on property located outside the premises or parking lot of the business that provided such cart, shall be cause to institute impoundment and abatement procedures in accordance with the provisions of this chapter and of California Business And Professions Code division 8, chapter 19 "shopping and laundry carts". (Ord. 11-948)

As used in this chapter, the following words and phrases have the meanings set forth below:

ABANDONED SHOPPING OR LAUNDRY CART: A shopping or laundry cart located outside the business premises of a retail establishment that furnishes such cart for use by its patrons.

BUSINESS OWNER: Any person; any partner, employee or agent of a partnership; any officer, director, employee or agent of any corporation who conducts, directs, manages, supervises, operates, oversees, or owns any retail business within the city of Temple City that uses or locates shopping or laundry carts on the business premises.

BUSINESS PREMISES: The lot area, maintained and managed by the business, that may include the building, parking lot and adjacent walkways, and where the business' shopping or laundry carts are permitted. The parking area of a business establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.

CART: A "shopping cart" or "laundry cart" as defined in this section.

CODE: The Temple City municipal code.

DIRECTOR: The Temple City community development director or designee thereof.

LAUNDRY CART: A basket which is mounted on wheels or a similar device, provided by a laundry or cleaning establishment operator for the purpose of transporting clothing or other fabrics and cleaning supplies within the business premises of said laundry or cleaning establishment.

RETAIL BUSINESS OR RETAIL ESTABLISHMENT: A business establishment within the city of Temple City that provides or furnishes to its patrons or employees the use of laundry and/or shopping carts.

SHOPPING CART: A basket of any size that is mounted on wheels or a similar device, provided by a store operator for the purpose of transporting goods of any kind within the business premises of a retail business.

SHOPPING OR LAUNDRY CART OWNER: The owner of a shopping or laundry cart, the agent of the owner of such cart, including individuals or business entities, or the retail establishment that furnishes such cart for use by its patrons. (Ord. 11-948)

The director is hereby authorized to enforce the provisions of this code. The director shall have the authority to promulgate and/or adopt regulations to implement the provisions of this chapter. (Ord. 11-948)

A. It shall be unlawful for any person to perform any of the following acts with respect to a shopping or laundry cart, when such cart has a sign permanently affixed in conformity with this chapter:

1. To remove a shopping or laundry cart from the business premises of a retail establishment with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart;

2. To be in possession of any shopping or laundry cart that has been removed from the business premises of a retail establishment with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart;

3. To be in possession of any shopping or laundry cart with serial numbers or identification signage removed, obliterated, defaced, or altered, with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart;

4. To leave or abandon a shopping or laundry cart at a location other than the business premises with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart;

5. To alter, convert, or tamper with a shopping or laundry cart, or to remove any part or portion thereof, or to remove, obliterate, deface, or alter serial numbers or identification signage on a cart, with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart;

6. To be in possession of any shopping or laundry cart while that cart is not located on the business premises, with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart.

B. This section shall not apply to a shopping or laundry cart owner, or his or her agent, employee or patron who has written consent from the shopping or laundry cart owner to be in possession of such cart or to remove such cart from the store premises.

C. In any civil proceeding, any shopping or laundry cart with an identification sign affixed to it pursuant to section 4-11-6 of this chapter shall establish a rebuttable presumption affecting the burden of producing evidence that the property is that of the person or business named in the sign and not abandoned by the person or business named in the sign.

D. In any criminal proceeding, it may be inferred that any shopping cart or laundry cart which has a sign affixed to it pursuant to section 4-11-6 of this chapter is the property of the person or business named in the sign and has not been abandoned by the person or business named in the sign.

E. Nothing contained in this section shall preclude the application of any other laws related to prosecution for theft. (Ord. 11-948)

A. No shopping or laundry cart owner shall commence, conduct or continue business operations without having implemented a city approved cart containment and retrieval plan to prevent the unauthorized removal of such carts from store premises, and, if removed, to retrieve such carts within twenty four (24) hours of the removal, or notice of removal.

B. A proposed cart containment and retrieval plan shall be submitted to the director in writing, on a city approved form, and shall include, at a minimum, the following information:

1. Owner/Business Information: Information about shopping or laundry cart owner and business establishment, including the name of each business owner and/or shopping or laundry cart owner; the name of the retail establishment; the physical address of the business premises; the name, address and telephone number of each on site or off site owner or manager.

2. Cart Inventory: A complete inventory of all shopping or laundry carts maintained on or in the premises.

3. Cart Identification Signage: A description of the identification sign to be affixed to each shopping or laundry cart on the business premises. The identification must, at a minimum, contain the information set forth in section 4-11-6 of this chapter.

4. Business Premises Signage: A description of the signage to be posted on the business premises, including sign and typeface size, sign text, and posting locations. Signage must, at a minimum, conform to the requirements set forth in section 4-11-7 of this chapter.

5. Mandatory Cart Retrieval: Evidence of a contract with a cart retrieval service employed to retrieve shopping or laundry carts that have been removed from their store premises within twenty four (24) hours of the removal, or notice of removal.

6. Containment Methods: A detailed description of all methods the shopping or laundry cart owner shall implement to prevent removal of carts from the store premises. These methods may include, but are not limited to, those set forth in section 4-11-9 of this chapter.

7. Community Outreach: A description of the community outreach process under which the owner shall cause notice to be provided to customers that the removal of carts from the business premises is prohibited and a violation of state and municipal law. This process may include, but is not limited to, fliers distributed on the store premises, warnings on shopping bags, signs posted in prominent places near store and parking lot exits, direct mail, announcements using intercom systems on the business premises, or other means demonstrated to be effective. Any posting of signs shall comply with applicable provisions of title 9, chapter 1, article L of this code.

8. Employee Training: A description of an employee training program that shall be implemented by the shopping or laundry cart owner and conducted at least once a year to educate new and existing employees on the cart containment and retrieval plan.

C. No proposed cart containment and retrieval plan shall be accepted unless accompanied by payment of a fee in an amount established by resolution of the city council.

D. Notwithstanding any other provisions of this chapter, shopping or laundry cart owners engaging in business in the city on the effective date of this chapter shall implement a city approved cart containment and retrieval plan in accordance with the provisions of this chapter within three (3) months from the effective date of this chapter, with the exception that said owners shall have one hundred eighty (180) days from the effective date of this chapter to implement the cart containment methods pursuant to said city approved plan.

E. It shall be the responsibility of a shopping or laundry cart owner to implement and continuously maintain all provisions and measures of the city approved cart containment and retrieval plan at all times he or she is engaging in business in the city. (Ord. 11-948)

A. Director Authority: Cart containment and retrieval plans shall be reviewed by the community development director. The director may approve, conditionally approve, or deny a plan.

B. Application Review: The director shall approve the cart containment and retrieval plan unless the director determines that any of the following grounds for denial exist, in which case the cart containment and retrieval plan shall be denied:

1. Implementation of the plan would violate provisions of the building, zoning, health, safety, fire, or municipal code, or any county, state or federal law which substantially affects public health, welfare or safety;

2. The plan fails to include all information required by this chapter;

3. The plan is insufficient or inadequate to prevent removal of carts from the store premises;

4. Implementation of the plan would violate a term or condition of a city approval, license, permit, or other entitlement; or

5. The applicant has made a false, misleading or fraudulent material statement or omission of fact in the cart containment and retrieval plan.

C. Conditional Approval: The director may conditionally approve a plan if imposing such conditions will eliminate any ground requiring denial of the plan.

D. Appeal: Any business owner or shopping or laundry cart owner may appeal the director's denial or conditional approval of a proposed cart containment and retrieval plan by filing a written request for an appeal, on a city approved form, with the director within ten (10) calendar days of such denial or conditional approval. The appeal shall be conducted before the planning commission as set forth in section 9-1E-4 of this code.

1. Any business owner or shopping or laundry cart owner dissatisfied with the decision of the planning commission may appeal the commission's decision to the city council by filing a written request for an appeal with the city clerk, on a city approved form, within fifteen (15) calendar days of the planning commission's decision. The appeal shall be conducted before the city council as set forth in section 9-1E-4 of this code. (Ord. 11-948)

A. It shall be the responsibility of a shopping or laundry cart owner to maintain each cart with an identification sign permanently affixed to it. Cart identification signs shall be in conformity with that described in the owner's city approved cart containment and retrieval plan and which, at a minimum, contains all of the following information:

1. The identity of the shopping or laundry cart owner, or the retail establishment, or both;

2. Notification to the public of the procedure to be utilized for authorized removal of the cart from the business premises;

3. Notification to the public that the unauthorized removal of the cart from the business premises, or the unauthorized possession of the cart, is a violation of state and municipal law;

4. The address or telephone number for returning a cart removed from the business premises to the shopping or laundry cart owner.

B. Notwithstanding any other provisions of this chapter, shopping or laundry cart owners engaging in business in the city on the effective date of this chapter shall affix identification to each cart, in conformity with subsection A of this section, within three (3) months from the effective date of this chapter. (Ord. 11-948)

A. It shall be the responsibility of a shopping or laundry cart owner to maintain signage concerning cart removal posted on the business premises. Signage shall be in conformity with that described in the owner's city approved cart containment and retrieval plan and which, at a minimum, meets the following requirements:

1. Each sign shall be not less than eighteen inches (18") in width and twenty four inches (24") in height with block lettering not less than one-half inch (1/2") in width and two inches (2") in height;

2. A sign shall be posted in a conspicuous place within two feet (2') of each customer entrance and exit;

3. Signs shall also be posted in a conspicuous place within the parking lot or parking area of the business premises, as set forth in the owner's city approved cart containment and retrieval plan;

4. Each sign shall state, at a minimum, as follows:

REMOVAL OF SHOPPING OR LAUNDRY CARTS FROM THE PREMISES IS PROHIBITED BY STATE AND MUNICIPAL LAW. (B&P §22435.2; T.C.M.C.§5013 1

and

5. Each sign shall be in English, Spanish, and other such languages as may be specified by the director.

B. Notwithstanding any other provisions of this chapter, shopping or laundry cart owners engaging in business in the city on the effective date of this chapter shall post signage on the store premises, in conformity with subsection A of this section, within three (3) months from the effective date of this chapter. (Ord. 11-948)

A. It shall be the responsibility of a shopping or laundry cart owner to secure and continuously maintain a service to retrieve shopping or laundry carts which have been removed from their store premises within twenty four (24) hours of the removal, or notice of removal. Service shall only be established with a person or business entity engaged in the business of shopping or laundry cart retrieval who possesses a valid Temple City business license and any other requisite approval, license, or permit.

B. No person or business entity shall engage in the business of cart retrieval without a valid Temple City business license. Such person or business entity shall comply with the following requirements:

1. A person or business entity engaged in the business of cart retrieval shall retain records showing written authorization from the shopping or laundry cart owner, or an agent thereof, to retrieve carts and to be in possession of carts retrieved. A copy of said records shall be maintained in each vehicle used for cart retrieval.

2. Each vehicle used for the retrieval of shopping or laundry carts shall display a sign that clearly identifies the person or business entity engaging in the business of cart retrieval.

C. Notwithstanding any other provisions of this chapter, shopping or laundry cart owners engaging in business in the city on the effective date of this chapter shall secure a retrieval service, in conformity with subsection A of this section, within three (3) months from the effective date of this chapter. (Ord. 11-948)

A. It shall be the responsibility of a shopping or laundry cart owner to effectively contain or control all carts within the boundaries of the store premises. An owner shall install and/or implement each method of containment described in the city approved cart containment and retrieval plan. Methods of containment may include, but are not limited to, the following:

1. Electronic or other disabling devices installed on the shopping or laundry carts that prevent their removal from the business premises;

2. Bollards or other structures installed or erected on the perimeter of the business premises that restrict shopping or laundry carts to these premises. Such structures shall not interfere with fire lanes, handicap access, or conflict with federal, state and local laws, including municipal building and zoning codes;

3. Use of courtesy clerks to accompany customers to their vehicles and return shopping or laundry carts to the store;

4. Security deposit for patron's use of a shopping or laundry cart; and/or

5. Other demonstrably effective method, approved by the director, which is likely to prevent cart removal from the business premises.

B. Notwithstanding any other provisions of this chapter, shopping or laundry cart owners engaging in business in the city on the effective date of this chapter shall implement all methods of cart containment, in conformity with subsection A of this section and the owner's city approved cart containment and retrieval plan, within six (6) months from the effective date of this chapter. (Ord. 11-948)

A. The city may impound a shopping or laundry cart that has a permanently affixed sign, in conformity with this chapter, provided both of the following conditions have been met:

1. The shopping or laundry cart is located outside the "business premises", as defined in this chapter;

2. The shopping or laundry cart is not retrieved within three (3) business days from the date the shopping or laundry cart owner receives actual notice from the city of such cart's discovery and location.

B. Notwithstanding other provisions of this section, the city may immediately retrieve a shopping or laundry cart from public or private property when the location of such cart will impede emergency services, as determined by the director or his or her designee.

C. Any shopping or laundry cart that has been impounded by the city pursuant to subsection A or B of this section shall be held at a location that is reasonably convenient to the shopping or laundry cart owner and is open for business at least six (6) hours of each business day.

D. When the city has impounded a shopping or laundry cart pursuant to subsection A or B of this section, the city may recover its actual costs for providing such service.

E. The city may fine a shopping or laundry cart owner fifty dollars ($50.00) for each occurrence in excess of three (3) during a six (6) month period for failure to retrieve shopping or laundry carts in accordance with this chapter. For purposes of this subsection, an "occurrence" shall include all shopping or laundry carts impounded in accordance with this section during a calendar day.

F. The city or authorized agent thereof may sell or dispose of any shopping or laundry cart not reclaimed by the owner within thirty (30) calendar days of receipt of actual notice from the city.

G. Notwithstanding subsection A of this section, the city may impound a shopping or laundry cart that is located outside the business premises without complying with the three (3) day advance notice requirement of subsection A of this section provided that:

1. The shopping or laundry cart owner has been provided actual notice within twenty four (24) hours following the impound, and said notice informs the owner of the location where such cart may be claimed;

2. The impounded shopping or laundry cart is held at a location in compliance with subsection C of this section;

3. Any shopping or laundry cart reclaimed by the owner within three (3) business days following the date of actual notice of the impound shall be released and surrendered to the shopping or laundry cart owner at no charge whatsoever - including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to subsections D and E of this section;

a. Any shopping or laundry cart reclaimed by the owner thereof within three (3) business days of actual notice of the impound shall not be deemed an "occurrence" for purposes of subsection E of this section;

4. Any shopping or laundry cart not reclaimed within three (3) business days following the date of actual notice of the impound shall be subject to fees and fines pursuant to subsections D and E of this section;

5. The city or authorized agent thereof may sell or dispose of any shopping or laundry cart not reclaimed within thirty (30) days following the date of actual notice of the impound.

H. Notwithstanding other provisions of this section, the city may immediately impound, sell and/or dispose of any shopping or laundry cart that does not contain a permanently affixed sign required pursuant to this chapter and whose ownership cannot otherwise be ascertained. (Ord. 11-948)

Notwithstanding any other provision of this code to the contrary, any person who violates any provision of this chapter, and any cart owner who violates or fails to comply with or continuously maintain any provision of the owner's city approved cart containment and retrieval plan, is guilty of a misdemeanor offense punishable in accordance with title 1, chapter 2 of this code. (Ord. 11-948)

Any person who violates any provision of this chapter, and any cart owner who violates or fails to comply with or continuously maintain any provision of the owner's city approved cart containment and retrieval plan, shall be subject to enforcement procedures for each violation by any lawful means available to the city, including, but not limited to, those set forth in California Business And Professions Code division 8, chapter 19, as well as title 1, chapters 2 and 4 of this code and chapter 2, article C of this title. (Ord. 11-948)

This chapter does not exclusively regulate the conditions and use of property within the city. This chapter shall supplement other provisions of this code and other statutes, ordinances or regulations now existing or subsequently enacted by the city, the state or any other entity or agency having jurisdiction. (Ord. 11-948)