Tracy Municipal Code Ch. 6.24 Abandoned Shopping Carts

Abandoned shopping carts constitute a nuisance, create potential hazards to the public health and safety and interfere with pedestrian and vehicular traffic within the City. Wrecked, dismantled and/or abandoned shopping carts on public or private property create conditions that reduce property values and promote blight and deterioration within the City's neighborhoods. The purpose of this chapter is to ensure that measures are taken by cart owners to prevent the removal of shopping carts from store premises. This chapter is based in part on California Business and Professions Code section 22435 and following.

(Ord. 1093 § 1 (part), 2006)

This chapter applies to:

(a) Each business owner in the City if the business provides twenty-five (25) or more shopping carts for customer use at any one business location; and

(b) Any person in possession of an off-site shopping cart.

(Ord. 1093 § 1 (part), 2006)

"Abandoned shopping cart" means any cart removed from a business establishment's premises without the written permission of the owner and located on either public or private property.

"City" means the City of Tracy.

"City Manager" means the City Manager of the City of Tracy.

"Off-site shopping cart" means a shopping cart which has been removed from the business premises where it belongs without the written consent of the business owner.

"Owner" means a person or establishment providing shopping carts for customers' use, and for the purposes of notices, including, but not limited to, any on-site manager or member of an on-site management team.

"Premises" means the entire area owned or under the control of a business owner, including the parking area or other off-street area.

"Shopping cart" means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for transporting goods.

(Ord. 1093 § 1 (part), 2006)

It is unlawful and a violation of this chapter for an owner who provides twenty-five (25) or more shopping carts to:

(a) Fail to affix an identifying sign that conforms to the requirements set forth in section 6.24.050 of this chapter to each shopping cart.

(b) Fail to submit a shopping cart plan in conformance with section 6.24.062 of this chapter.

(c) Fail to comply with an approved shopping cart plan.

(Ord. 1093 § 1 (part), 2006; Ord. No. 1239, § 1, 9-5-2017)

The owner of a business providing twenty-five (25) or more shopping carts at any single location within the City shall have a sign permanently affixed to each cart. A business owner providing fewer than twenty-five (25) shopping carts may affix a sign to each cart. The sign shall include all of the following information:

(a) The identity of the owner or business, or both;

(b) A valid telephone number and address for returning the shopping cart;

(c) Notice to the public that the unauthorized removal of the cart from the premises of the business establishment, or the unauthorized possession of the shopping cart, is a violation of State laws and a violation of City ordinance;

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

(Ord. 1093 § 1 (part), 2006)

(a) It is unlawful and a misdemeanor for any person to do any of the following:

(1) To remove a shopping cart from the premises or parking area of a business establishment with the intent to temporarily or permanently deprive the owner or business establishment of its possession;

(2) To leave or abandon a shopping cart at a location other than the premises or parking area of the business establishment, with the intent to temporarily or permanently deprive the owner or business establishment of possession of the cart;

(3) To alter, convert, or tamper with a shopping cart, or to 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 business establishment of possession of the cart;

(4) To be in possession of any shopping cart while that cart is not located on the premises or parking lot of a business establishment, with the intent to temporarily or permanently deprive the owner or business establishment of possession of the cart.

(b) It shall not be unlawful to remove a shopping cart for purposes of repair or/and maintenance, or with the written consent of the owner.

(c) This article shall not apply to the owner or business establishment, or to their agents or employees.

(Ord. 1093 § 1 (part), 2006; Ord. No. 1239, § 2, 9-5-2017)

Every owner of a business providing twenty-five (25) or more carts shall submit to the Development Services Director, obtain approval from him or her, and effectively implement a shopping cart plan in accordance with this section. Such plan shall include all of the following elements:

(a) Identifying Information. Name, address and telephone number of the business, and the name and telephone number of the on-site manager or designated agent.

(b) Required Information. The number of on-site shopping carts, and the requirements for sign identification on carts.

(c) Public Notices. A description of a customer education process by which the owner will inform customers that the removal or off-site possession of carts is a violation of state and local laws. The education efforts may include, but are not limited to, business signs posted in prominent places, flyers, warnings on shopping bags, direct mail, in-store announcements, or any other form of written notification demonstrated to be effective.

(d) Required Signs On Property. Signs shall be placed in pertinent places on the business premises that warn customers that cart removal is prohibited and constitutes a violation of state and city laws.

(e) Employee Training. A description of on-going employee-training program to educate existing and new employees about the shopping cart plan.

(f) Loss Prevention Measures. A description of the measures that the owner will implement to prevent the removal of shopping carts from the premises. These measures may include, but are not limited to, devices on shopping carts that automatically disable them if they are removed from the premises, installation of obstacles to prevent the removal of shopping carts, collection of security deposits for use of all carts, or the rental or sale of utility carts that can be temporarily or permanently used to transport purchases.

(g) Retrieval Measures. Specific measures to retrieve shopping carts that are removed from the owner's premises on a weekly basis and within seventy-two (72) hours of notice from the city under section 6.24.100 of this chapter. Such measures may include, but are not limited to, employment of personnel or contractors to retrieve shopping carts. The Development Services Director may require retrieval on a more frequent time schedule.

(Ord. No. 1239, § 3, 9-5-2017)

A proposed plan for preventing shopping cart removal and/or an evaluation report shall be submitted to the Development Services Director for approval within sixty (60) days after the effective date of the ordinance codified in this chapter. Any establishments that open after the effective date of the ordinance codified in this chapter will have thirty (30) days from the filing date on their City business license application to submit a shopping cart removal prevention plan to the City for approval. Every plan submitted shall be subject to the Development Services Director's approval.

If a plan is rejected as incomplete or inadequate, or if additional information is needed, the City shall notify the owner in writing. The owner has thirty (30) days to submit the additional information or a complete or adequate plan.

The City may reject or deny a plan on any of the following grounds:

(a) The plan fails to include the information required under this section or fails to adequately address the required elements.

(b) The plan is insufficient, in the Development Services Director's opinion, to prevent removal of carts.

(c) Implementation of the plan violates this chapter, or state or federal law.

(d) The owner knowingly makes a false statement or omits relevant facts in the plan, or in any amendment or attachment or report.

(Ord. No. 1239, § 3, 9-5-2017)

The owner may submit a plan modification of any previously approved shopping cart plan to address changed circumstances or to modify ineffective provisions. The Development Services Director shall review and consider the modification in the same manner set forth in sections 6.24.062 and 6.24.064 of this chapter.

(Ord. No. 1239, § 3, 9-5-2017)

The City may revoke an existing plan if:

(a) A shopping cart has been found on public property on eight (8) or more occasions within any six-month period;

(b) The owner has failed to comply with a provision of this chapter;

(c) The owner has knowingly made a false statement or fails to disclose relevant information in an application, an amendment or in a report to the City.

Owners whose plans have been revoked are subject to penalties as provided in section 6.24.140 of this chapter.

(Ord. No. 1239, § 3, 9-5-2017)

Pursuant to California Business and Professions Code section 22435.7, and this chapter, the City may impound any abandoned shopping cart when the shopping cart has a sign affixed as required by section 6.24.050 of this chapter. The City may, without notice, retrieve and immediately dispose of any abandoned shopping carts that lack the signs required by section 6.24.050 if the owner of the abandoned shopping cart cannot readily be determined from viewing the shopping cart.

(Ord. 1093 § 1 (part), 2006)

Pursuant to Business and Professions Code section 22435.7, unless the City uses the procedures set forth in section 6.24.100 of this chapter, the City shall notify the owner as identified on the signage information permanently affixed to the cart of any abandoned carts owned or used by the business establishment that have been located within the City within twenty-four (24) hours of impoundment. The owner shall have three (3) business days from the date the notification is given to retrieve carts from the City. The notice will inform the owner of the location where the shopping cart may be claimed. This section is not applicable to carts impounded after the three (3) day notice referenced in section 6.24.100 of this chapter is provided to the owner.

(Ord. 1093 § 1 (part), 2006)

The shopping cart shall be stored by the City at a location that is reasonably convenient to the owner of the shopping cart and is open for business at least six (6) hours of each day, during normal City Hall business hours. However, the City shall not be liable to any party for any damage to a stored shopping cart.

(Ord. 1093 § 1 (part), 2006)

Pursuant to Business and Professions Code section 22435.7, upon the City notifying the owner, as identified on the signage information permanently affixed to the cart, of the location of any abandoned carts owned or used by the business establishment that are located within the City, the owner shall have three (3) business days from the date the notification is given to retrieve carts from that location. Should the owner fail to retrieve the cart within said three (3) business days, the City is authorized to impound the cart and no further notice need be provided to the owner.

(Ord. 1093 § 1 (part), 2006)

(a) Pursuant to Business and Professions Code section 22435.7, any owner that fails to retrieve its impounded or non-impounded abandoned cart(s) within three (3) business days after receiving notice from the City shall pay the City's administrative and labor costs, as set by Council resolution, for retrieving the cart(s) and providing the notification to the owner.

(b) The abandonment of any such shopping cart so retrieved within the three (3) day period shall not be deemed an occurrence for purposes of prosecution or imposition of administrative costs and fines which otherwise would be applicable.

(c) Any owner who fails to retrieve abandoned carts in accordance with this chapter in excess of three (3) times during a specified six (6) month period shall be subject to a Fifty and no/100ths ($50.00) Dollar fine for each occurrence.

(d) An occurrence includes all carts owned by the owner that are either: (1) impounded by the City in a one-day period under section 6.24.080 of this chapter; or (2) all carts that the owner does not timely retrieve after receiving the notice described in section 6.24.100 of this chapter in a one-day period.

(Ord. 1093 § 1 (part), 2006)

Pursuant to State law, any cart displaying the sign described in section 6.24.050 of this chapter not reclaimed from the City within thirty (30) days after notification to the owner shall be sold or otherwise disposed of by the City.

(Ord. 1093 § 1 (part), 2006)

Pursuant to subdivision (c) of Business and Professions Code, section 22435.7, any City officer, employee, duly authorized volunteer, or agent may immediately retrieve any shopping cart from public or private property if its location would impede emergency services.

(Ord. 1093 § 1 (part), 2006)

Any person who violates the provisions of this chapter is subject to any enforcement procedures permitted by law, including, but not limited to, prosecution of a misdemeanor or an infraction, civil action for injunction, administrative enforcement procedures, and revocation of a use permit if applicable. The City Manager's designees that have satisfactorily completed a course in the "Powers of Arrest", Penal Code section 832 training, or equivalent are expressly authorized to issue citations for violations of this chapter.

(Ord. 1093 § 1 (part), 2006)