Yreka Municipal Code Ch. 5.25 Shopping Cart Control

This chapter shall be known as the "Shopping Cart Control."

(Ord. No. 865, § 2, 11-16-2021)

The purpose of this division is to set forth regulations to ensure that reasonable measures are taken by the owners and operators of retail establishments to either prevent the removal of shopping carts from the premises, or provide for the prompt retrieval of removed or abandoned shopping carts, to complement and supplement provisions of state law, and to adopt local regulations to the extent not otherwise preempted by state statute.

(Ord. No. 865, § 2, 11-16-2021)

The city council of the city of Yreka, California makes the following finding declaring a nuisance:

Many retail establishments provide shopping carts for the convenience of customers while shopping on the premises of such businesses. The accumulation of wrecked, dismantled or abandoned shopping carts, or parts thereof, on public or private property is found to create conditions that are hazardous to the health and safety of minors, aesthetically detrimental to the community, and potentially injurious to the health, safety and general welfare of the public. Over time these conditions can lead to the reduction in property values, the promotion of blight and deterioration, and the development of an attractive nuisance creating a hazard to the overall health and safety. Responsibility for minimizing or eliminating this impact rests with individuals who use shopping carts and the owners of retail establishments which provide shopping carts for their patrons. The city council hereby declares that shopping carts removed from the premises of a retail establishments and abandoned on public or private property throughout the city constitutes a public nuisance and a potential hazard to the health and safety of the public.

(Ord. No. 865, § 2, 11-16-2021)

The terms used in this chapter shall have the following meanings:

"Abandoned" means a shopping cart which is left unattended or discarded upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with or without the permission of the owner. For purposes of this chapter, any shopping cart left unattended or discarded on any public property shall be presumed abandoned, and any shopping cart left unattended or discarded on any private property shall be presumed abandoned unless the owner or occupant of the private property is: (i) the owner, or an employee or authorized agent of the owner, entitled to possession of said shopping cart, (ii) an officer, employee or agent of a shopping cart retrieval service hired by the owner to retrieve shopping carts, or (iii) is enforcement personnel retrieving, storing or disposing of a cart pursuant to the provisions of this chapter.

"Agent" means the person or persons designated by the owner of the cart authorized as the person to perform or provide retrieval services on behalf of the owner. The agent may be the owner, store manager, employee or private cart retrieval company.

"Cart or shopping cart" means a basket having a weight in excess of thirty pounds which is mounted on wheels or a similar device generally used in a retail or commercial establishment by a customer for the purpose of transporting goods of any kind. The term "shopping cart" or "cart" includes a laundry cart.

"City" means the city of Yreka, California.

"Customer" means any person who enters the premises of a retail establishment.

"Director" means the city's code enforcement officer or such other person designated by the city manager to administer this chapter.

"Owner" means any person or entity, who in connection with the conduct of a business, owns, leases, possesses, or makes a cart available to customers or the public. The term owner shall not apply to any business that supplies ten or less carts for customer usage. For the purposes of this chapter the term owner shall also include an agent.

"Parking area" means a parking lot or other property provided by a commercial establishment for the use by a customer for parking an automobile or other vehicle. For a multi-store shopping center, "parking area" includes the entire parking area provided for use by customers of the shopping center.

"Premises" means the entire area owned, occupied, and/or utilized by an owner which provides carts for use by customers or other persons, including any parking area or other property provided on behalf of the owner for customer parking or use.

"Public property" means and includes, but is not limited to, all that area dedicated to public use for public street purposes, civic purposes, roadways, parks, parkways, alleys, sidewalks, flood control channels and any other public right-of-way.

"Removed" means a shopping cart which is removed from the premises of a retail establishment by any person.

"Retail establishment" means any business located in the city which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, or is a private club or business, or is a membership store.

"Shopping cart retrieval service" means a commercial service which searches for and gathers shopping carts located outside the premises or parking area of a retail establishment for the purpose of the cart's restoration of possession to the owner, or an agent thereof, for compensation or in expectation of compensation and which meets minimum service requirements as established by the director which, at minimum, must search, find and return shopping carts removed from the retail establishment's premises. The cart retrieval operation must demonstrate that shopping carts will be actively located within Yreka's city limits and respond to complaints from the public or notifications from city enforcement personnel in a manner which results in the retrieval of carts within twenty-four hours of receiving the notification. A contract with a commercial service to retrieve and return shopping carts to the owner which fails to meet the minimum service requirements established by the director is not a "shopping cart retrieval service" within the meaning of this chapter. If the city retrieves more than twenty carts belonging to an owner within a period of ninety consecutive days, the commercial service has demonstrated that it fails to meet minimum service requirements and such service is deemed not to be a "shopping cart retrieval service" within the meaning of this chapter.

(Ord. No. 865, § 2, 11-16-2021)

(a) Each shopping cart owned or used within the city shall have permanently affixed to it an easily visible identification sign or engraved surface which includes all of the following information:

(1) The identity of the cart's owner and the owner's retail establishment;

(2) A valid telephone number or address for returning the cart removed from the business premises to the owner;

(3) Notification to the public that the unauthorized removal of the cart from the business premises or parking area of the owner's establishment, or the unauthorized possession of the cart, is a violation of state law and of the Yreka Municipal Code;

(4) An inventory identification number.

(5) Notification that shopping carts shall not be removed from the business premises without the express written consent of the owner.

(Ord. No. 865, § 2, 11-16-2021)

Each Owner shall post and maintain a sign at each customer pedestrian exit at the owner's establishment providing notice that the unauthorized removal of a shopping cart from the retail business premises is a violation of state law and local law. The signs shall be conspicuously and prominently displayed on the interior walls of the building within two feet of each customer pedestrian exit.

(Ord. No. 865, § 2, 11-16-2021)

(a) Every owner shall apply for a shopping cart permit from the city. There is no charge for the permit's issuance. The application for the permit shall contain the name of the owner, the physical address of the owner's retail establishment, and name, address and phone number(s) of the property owner if different from the retail establishment's owner and the identity of the contracted shopping cart retrieval service, if any.

(b) An owner that is operating without a shopping cart permit approved by the director is in violation of this chapter and is subject to a penalty of fifty dollars for each day of noncompliance.

Whenever an owner applies for the issuance of a shopping cart permit for review and possible approval, the director shall approve, conditionally approve or deny the shopping cart permit generally within thirty days of receipt of the plan. City's failure to timely act upon the plan does not result in the proposed plan's approval.

(c) An application for a shopping cart permit may be approved subject to conditions, denied or revoked based upon one or more of the following grounds:

(1) The application fails to include all of the information required by this chapter;

(2) The owner fails to address any special or unique conditions imposed in the permit;

(3) Issuance of the permit would violate provisions of the building, zoning, health, safety, fire, police or other provisions of the city's municipal code, or any county, state, or federal law which substantially affects public health, welfare or safety;

(4) The owner knowingly makes a false statement of fact or omits a material fact required to be submitted in the application.

(5) Implementation of the plan would violate a term or condition of another city policy or requirement of the municipal code;

(d) Within fifteen days of the written decision of the director that a permit or amendment is incomplete or denied, the owner shall submit a revised or complete plan, as appropriate. The director may require specific measures to be included in the permit, including mandatory electronic disabling devices.

(e) The director may revoke the director's prior approval of a plan based on one or more of the grounds listed in paragraph (b) above.

(f) Within ten days of the written decision of the director, an owner may appeal to the city manager the director's decision to deny or revoke prior approval of a shopping cart permit. The decision of the city manager shall be final.

(g) At any time after the director's approval of any plan, the owner may submit an amendment to the previously approved application to address a change in circumstances, address an unanticipated physical or economic impact of the plan, or modify an inadequate or ineffective plan.

(h) Upon the expiration of ninety days from the date of issuance of the permit the owner shall:

(1) File and maintain a complete inventory of all carts maintained on or within the retail establishment.

(2) Comply with the shopping cart identification requirements pursuant to Section 5.25.050 of this chapter.

(3) Placing signs directing customers not to remove the shopping carts from the retail establishment's premises pursuant to Section 5.25.060 of this chapter.

(4) Either utilize the services of a shopping cart retrieval service or, when required under this chapter, or ensure that all shopping carts are equipped with effective wheel disabling devices which shall include locking or stopping mechanisms on the shopping carts wheels as well as the installation of an electronic or magnetic barrier along the exterior perimeter of the retail establishment's parking lot to effectively prevent the passage of all shopping carts having disabling devices beyond said parking lot.

(i) Existing owners. The application for a shopping cart permit shall be submitted for approval to the director or his/her designee within thirty days of the effective date of this chapter. For existing retail establishments established prior to the effective date of this chapter that have a minimum of eleven carts, the owner shall be required to convert or install a standardized cart containment system with a wheel locking or stopping mechanism that is used in conjunction with an electronic or magnetic barrier along the perimeter of the store premises on or before January 1, 2025.

(j) New businesses and change in ownership. If a new business begins conducting business in the city and provides carts to its customers, the new owner shall apply for the issuance of a shopping cart permit within thirty days of opening the business to the public. If an existing business changes ownership, the new owner shall notify the director or his/her designee within thirty days of the change and submit a new application for the issuance of a shopping cart permit.

(1) For new business established after the effective date of this chapter that have a minimum of ten carts, the owner shall be required to install a standardized cart containment system with a wheel locking or stopping mechanism that is used in conjunction with an electronic or magnetic barrier along the perimeter of the store premises.

(2) As an alternative to a standardized cart containment system, for new businesses with nine or fewer carts, a containment plan may be submitted per subsection A above.

(3) This subsection shall not apply to existing business that relocate, operating under the same name, to another location in the city. Said business shall not be closed for more than thirty days for this exemption to apply unless the business was closed and its substantial reconstruction was due to a catastrophic incident.

(k) Penalties for failing to submit an application for a shopping cart permit or operating without a valid shopping cart permit. Any owner that fails to submit an application for a shopping cart permit, implement the proposed permit conditions, or implement any required modifications to the permit by the city within the time frames specified in this chapter, shall require an owner to place disabling devices on all carts owned/leased/used by the retail establishment to prevent removal of carts from the business premises and parking lots.

(Ord. No. 865, § 2, 11-16-2021)

The director shall exempt from Section 5.25.070 any owner that demonstrates to the director that the owner is contracting with a qualified shopping cart retrieval service.

Each vehicle employed for the retrieval of shopping carts shall display a sign that clearly identifies the retrieval service.

(Ord. No. 865, § 2, 11-16-2021)

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

(1) To remove a shopping cart from the retail establishment's premises with the intent to temporarily or permanently deprive the owner of possession of the cart;

(2) To be in possession of a shopping cart that has been removed from the retail establishment's premises with the intent to temporarily or permanently deprive the owner 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/inventory ID numbers on a shopping cart or to be in possession of any shopping cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner of possession of the cart;

(4) To leave or abandon a shopping cart at a location other than the retail establishment's premises with the intent to temporarily or permanently deprive the owner of possession of the cart;

(5) 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.

(6) Repair or maintenance. This section does not apply to carts that are removed for the purposes of repair or maintenance.

(Ord. No. 865, § 2, 11-16-2021)

(a) Pursuant to Business and Professions Code § 22435.7, the city shall notify the owner of any abandoned carts owned or used by the business establishment that have been located within the city, if the city intends to impound the cart(s) pursuant to Business and Professions Code § 22435.7.

(b) If the abandoned shopping cart is not retrieved within three business days from the date the owner receives actual notice from the city about the discovery and location of the shopping cart, the city may retrieve and impound the abandoned shopping cart.

(c) Notwithstanding subsection (b) of this section, the city shall immediately retrieve and impound an abandoned shopping cart from public or private property if the location of the abandoned shopping cart impedes or will impede emergency services.

(d) Notwithstanding subsection (b) of this section, the city may immediately retrieve and impound an abandoned shopping cart without complying with the three-day advance notice requirement provided that:

(1) The city provides the owner with actual notice within forty-eight hours following the impound, and the notice informs the owner of the location where the abandoned shopping cart may be claimed. The city shall provide actual notice by electronic mail, telephone or mail and shall document notification.

(2) Any abandoned shopping cart, reclaimed by an owner within three business days following the date of actual notice as provided pursuant to paragraph (1) of this subsection, shall be released and surrendered to the owner at no charge whatsoever, including the waiver of any city impound costs or fines that would otherwise be applicable. Any cart reclaimed within the three-business day period shall not be deemed an occurrence for the purposes of subsection (H) of this section.

(e) Abandoned shopping carts impounded by the city pursuant to subsections (b), (c), and (d) of this section shall be held at a location that is reasonably convenient to the owner and open for business at least six hours of each business day.

(f) The city shall not be liable for any damage to a shopping cart impounded pursuant to this chapter.

(g) Authorization of enforcement personnel. To the extent otherwise permitted by law, said enforcement personnel may enter onto any public or private property in the city to retrieve, remove, store, and dispose of any lost, stolen, or abandoned shopping cart, or any part thereof. Any act authorized to be performed by the city of Yreka pursuant to any provision of this chapter may be performed by any enforcement personnel. Any enforcement personnel are authorized to issue an administrative citation upon any owner or person in possession of the cart whom they have reasonable cause to believe has violated any provision of this chapter.

(h) Before return of the shopping cart to the owner or the owner's agent, such person shall pay to the city of Yreka a fee for the recovery and storage of each such shopping cart as set by resolution of the city council, which fees shall not exceed the city's actual costs of recovery and storage. The fine shall be the maximum fine permitted by Government Code § 22435.7(f) from time to time as amended or supplanted.

(i) Any owner that fails to retrieve the owner's abandoned cart impounded by the city pursuant to subsections (b) and (c) of this section or fails to retrieve the owner's abandoned cart within three business days after receiving notice from the city pursuant to subsection (d) shall pay the city's costs for retrieving the cart and for providing notice to the owner.

(j) Any owner who fails to retrieve an abandoned cart in accordance with this chapter in excess of three times during any consecutive six-month period shall be subject to a fifty dollar fine for each day and each cart that the city holds the owner's cart in impound.

(k) Any abandoned shopping cart not reclaimed from the city impound within thirty days after the city provided notice to the owner or the owner's agent may be immediately sold or otherwise disposed of by the city and may retain the proceeds, if any, without payment to the owner.

(l) If the city retrieves a total of twenty carts within a period of ninety calendar days, the city shall then require the owner to amend its shopping cart containment plan to include, at a minimum, electronic disabling devices, such as wheel locks that disable the cart when the cart crosses a barrier at the perimeter of the business premises.

(m) The city may immediately retrieve and immediately dispose of any abandoned shopping cart that lacks an identification sign required by this chapter.

(Ord. No. 865, § 2, 11-16-2021)