Tulare Municipal Code Ch. 7.60 Regulation of Shopping Carts

(A) Abandoned shopping carts are unsightly, interfere with pedestrian and vehicular traffic, accumulate over time on public and private property causing blight and similar conditions resulting in reduction of property values and deterioration of the city’s neighborhoods, are detrimental to the public health, safety and welfare, and constitute a public nuisance.

(B) The purpose of this chapter is to promote the public health, safety and welfare by establishing that it is a violation of this code to improperly remove any shopping cart from the premises of the owner of the cart. In addition, this chapter provides requirements for storeowners to take action to reduce the removal of shopping carts from the owner’s premises and to facilitate the retrieval of shopping carts removed from the owner’s premises.

(1995 Code, § 7.60.010) (Ord. 06-2011, passed - -2006)

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

ABANDONED SHOPPING CART. Any cart that has been removed from the premises of the owner and is no longer in the possession or under the physical control of the person who removed the cart. A cart abandoned by a person, other than the owner, shall not constitute a relinquishment of ownership of the cart by the owner.

CART. A basket or platform which is mounted on wheels or a similar device generally used in a business establishment by a customer for the purpose of transporting goods of any kind. This includes, but is not limited to, laundry, grocery or shopping carts.

DIRECTOR. The City Manager or his or her designee.

HEARING OFFICER. The individual appointed by the City Manager of the City of Tulare to hear the appeal on a finding that a nuisance exists.

IN THE BUSINESS OF SHOPPING CART OR LAUNDRY CART RETRIEVAL. To search for, gather and restore possession to the owner, or an agent thereof, for compensation or in expectation of compensation, of shopping carts or laundry carts located outside the premises or parking area of a retail establishment.

LAUNDRY CART. A basket, which is mounted on wheels and used in a coin-operated laundry or dry-cleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them.

OWNER. Any person, business establishment or entity that owns, possesses or has the power to make a shopping cart available to customers. For the purpose of this chapter, OWNER includes, but is not limited to, the store owner, manager, on-site manager, on-duty manager or other designated agent of a business establishment providing shopping carts for customer use.

PARKING AREA. A parking lot or other property provided by a business establishment for use by a customer for parking an automobile or other vehicle.

PERSON. Any person, corporation, partnership, association, joint-stock company, limited-liability company, limited liability partnership and other entity capable of being sued.

PREMISES. The entire area owned, rented, leased or utilized by a business establishment that provides shopping carts for customer use, including parking areas.

STREET. Any street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, sidewalk, park, parking lot, parking area and place used by the general public.

(1995 Code, § 7.60.020) (Ord. 06-2011, passed - -2006)

(A) This chapter shall be administered and enforced by the Director with the assistance of the Police Chief, Fire Chief and their designated agents and Code Enforcement Officers. The Director is hereby authorized and directed to promulgate and implement rules, regulations and procedures necessary or appropriate for the enforcement of this chapter. The Director, Police Chief, Fire Chief and their designated agents and code enforcement officers are authorized as follows:

(1) To enter upon and inspect any public and private property or premises to ascertain whether the provisions of this chapter or applicable state laws are being obeyed. As used herein, PUBLIC PROPERTY includes 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. All inspections, entries and examinations shall be done in a reasonable manner. If an owner, tenant, occupant or agent or other responsible party refuses to grant the city permission to enter or inspect, the city may seek an inspection warrant pursuant to the procedures provided for in the California Code of Civil Procedure. Nothing contained in this section shall be deemed a limitation upon the Director to enter private property pursuant to permission from the owner or occupant thereof or pursuant to a duly issued inspection warrant or other court order;

(2) To examine a shopping cart or parts thereof, or to obtain information as to the identity of the owner of any shopping cart, or to retrieve shopping carts in accordance with the provisions of this chapter;

(3) To determine whether a violation of this chapter exists and to take appropriate action to gain compliance with the provisions of this chapter and applicable state laws; and

(4) To issue administrative citations and to impose civil penalties for any violation of this chapter.

(B) The Police Chief, city police officers and designated city employees, who shall be designated by a separate resolution pursuant to the provisions of Cal. Penal Code § 836.5, shall have the authority to issue criminal citations for violations of this chapter. The City Attorney and the District Attorney shall have the authority to file criminal complaints to enforce this chapter.

(1995 Code, § 7.60.030) (Ord. 06-2011, passed - -2006)

It is unlawful for any person except the owner of a cart or the owner’s agent to do any of the following acts:

(A) To remove a cart from the premises or parking area of a business establishment without the express, written consent of the owner;

(B) To be in possession of any cart while that cart is not located on the premises or parking lot of the owner of the cart without the express written consent of the owner. Written permission to remove a shopping cart shall be valid for a period not to exceed 72 consecutive hours;

(C) To be in possession of any shopping cart with serial numbers removed, obliterated or altered; or

(D) To alter, convert or tamper with a cart, or to remove any part or portion thereof or to remove, obliterate or alter serial numbers on a cart.

(1995 Code, § 7.60.040) (Ord. 06-2011, passed - -2006)

It is unlawful for any person to leave, abandon or store any cart upon any sidewalk, street or other public place, or upon private property exposed to public view, at a location other than the premises of the owner.

(1995 Code, § 7.60.050) (Ord. 06-2011, passed - -2006)

Any person who violates §§ 7.60.040 or 7.60.050 shall be guilty of a misdemeanor and subject to punishment in accordance to Cal. Penal Code § 19. Upon recommendation of the prosecuting attorney, the court may reduce the charged offense from a misdemeanor to an infraction, punishable under § 1.12.010 of this code. An administrative fine may also be imposed as set forth in Chapter 1.61 of the Tulare City Municipal Code. Nothing in this chapter shall prevent the city from pursuing criminal, civil, administrative or any other legal remedy to address violations of this chapter.

(1995 Code, § 7.60.060) (Ord. 06-2011, passed - -2006)

(A) Every owner who, in connection with the conduct of a business, including, but not limited to a food dispensing business, retail business or laundry business, owns or makes any cart available to the public, shall permanently affix a durable metal or plastic sign to the cart containing the following information:

(1) The name of the owner of the cart or the name of the retailer that provides the cart, or both;

(2) A valid, current telephone number or address for returning the cart if removed from the premises or parking area to the owner or retailer;

(3) The procedure to be used for authorized removal of a shopping cart from the owner’s premises if allowed; and

(4) Notice that the unauthorized removal of a shopping cart from the premises or parking area of the retail establishment or the unauthorized possession of a shopping cart is a violation of state law.

(B) A cart without a sign attached, pursuant to division (A) of this section, shall bear some form of identification to establish ownership. Every business that utilizes shopping carts during normal operations within the City of Tulare shall provide the director with a valid, current telephone number of the owner or provider of the cart.

(C) Carts provided by individual stores or retailers that are owned by or affiliated with the same company and share the same name (chain stores) shall bear some form of identification which identifies the specific store that the cart is assigned to.

(D) A cart that does not have a sign attached as required by division (A) above or fails to provide information to the director as required in division (B) of this section is presumed to be abandoned if it has been left standing unattended on any public or private property other than the owner’s or the owner’s agent. The city may impound, sell or otherwise dispose of such a cart immediately upon discovery of the cart.

(1995 Code, § 7.60.070) (Ord. 06-2011, passed - -2006)

Every owner who provides or intends to provide carts to be used by customers shall do the following:

(A) Post prominently and conspicuously at all public entrances and exits where there is frequent cart activity, a notice no smaller than 12 inches by 18 inches, or approved by the Director, in the following form: “REMOVAL OF SHOPPING CARTS (OR LAUNDRY CARTS, IF APPLICABLE,) FROM THESE PREMISES IS PROHIBITED BY LAW (TMC § 7.60.040) AND WILL SUBJECT THE VIOLATOR TO A FINE OF UP TO $1000.00 OR SIX MONTHS IN JAIL OR BOTH THE FINE AND THE JAIL TERM.”

(B) Provide the Director with reliable contact information for cart retrieval.

(1995 Code, § 7.60.080) (Ord. 06-2011, passed - -2006)

Administrative hearings are outlined in detail in Chapter 1.61, Administrative Citations, of the Tulare City Municipal Code.

(1995 Code, § 7.60.090) (Ord. 06-2011, passed - -2006)

(A) The City of Tulare hereby adopts Cal. Business and Professions Code § 22435 in reference to the impoundment of abandoned carts. Pursuant to the provisions of the Business and Professions Code, a cart that has a sign affixed to it in accordance with Cal. Business and Professions Code § 22435.1 may be impounded by the city provided both of the following conditions have been satisfied.

(1) The shopping cart is located outside the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multi-store complex or shopping center shall include the entire parking area used by the complex or center.

(2) Except as provided in division (G) above, the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the city of the shopping cart’s discovery and location.

(B) In instances where the location of a shopping cart will impede emergency services the city is authorized to immediately retrieve the shopping cart from public or private property.

(C) When the city impounds a shopping cart under the authority provided in divisions (A) and (B) above, the city is authorized to recover its actual costs for providing this service.

(D) Any shopping cart that is impounded by the city pursuant to divisions (A) and (B) above shall be held at a location that is both:

(1) Reasonably convenient to the owner of the shopping cart; and

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

(E) The city shall fine the owner of a shopping cart in an amount as set by the Tulare City Council for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one-day period.

(F) The city may sell or otherwise dispose of any shopping cart not reclaimed from the city within 30 days of receipt of a notice of violation by the owner of the shopping cart.

(G) Notwithstanding division (A)(2) of this section, the city may impound a shopping cart that otherwise meets the criteria set forth in division (A)(1) without complying with the three-day advance notice requirement provided that:

(1) The owner of the shopping cart, or his or her agent, is provided actual notice within 24 hours following the impound and that notice informs the owner, or his or her agent, as to the location where the shopping cart may be claimed.

(2) Any shopping cart so impounded shall be held at a location in compliance with division (D) of this section.

(3) Any shopping cart reclaimed by the owner or his or her agent, within three business days following the date of actual notice as provided pursuant to division (G)(1) of this section, shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to divisions (C) or (E) of this section. Any cart reclaimed within the three business day period shall not be deemed an occurrence for purposes of division (E) of this section.

(4) Any shopping cart not reclaimed by the owner or his or her agent, within three business days following the date of actual notice as provided pursuant to division (G)(1) of this section, shall be subject to any applicable fee or fine imposed pursuant to divisions (C) or (E) of this section commencing on the fourth business day following the date of the notice.

(5) Any shopping cart not reclaimed by the owner or his or her agent, within 30 days of receipt following the date of actual notice as provided pursuant to division (G)(1) of this section, may be sold or disposed of in accordance with division (F) of this section.

(1995 Code, § 7.60.100) (Ord. 06-2011, passed - -2006)

(A) Any person who engages in the business of shopping cart or laundry cart retrieval, as defined in this chapter, in the city shall have a city business license and shall retain records showing written authorization from the cart owner, or an agent thereof, to retrieve the cart or carts and to be in possession of the cart or carts retrieved.

(B) A copy of the record showing written authorization shall be maintained in each vehicle used for shopping cart or laundry cart retrieval.

(C) Each vehicle employed for the retrieval of shopping carts or laundry carts shall display a sign that clearly identifies the retrieval service.

(D) Any person who violates the provisions of this section is guilty of a misdemeanor and subject to punishment in accordance with § 1.12.010 of this code.

(1995 Code, § 7.60.110) (Ord. 06-2011, passed - -2006)

The provisions of this chapter are not intended to preclude the application of any other laws relating to prosecution for theft.

(1995 Code, § 7.60.120) (Ord. 06-2011, passed - -2006)

If any provision, clause, sentence or division of this chapter or the application thereof to any person or circumstance shall be held invalid, the invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are declared to be severable.

(1995 Code, § 7.60.130) (Ord. 06-2011, passed - -2006)