Chapter 9.20
UNAUTHORIZED USE OF SHOPPING CARTS

Sections:

9.20.010    Removal.

9.20.020    Abandonment.

9.20.030    Possession.

9.20.040    Use.

9.20.050    Alteration.

9.20.060    City retrieval of shopping carts.

9.20.010 Removal.

No person shall remove any shopping cart, shopping basket, or other similar device from the premises or parking area of any business establishment if such shopping cart, basket, or device has permanently affixed to it a sign identifying it as belonging to the owner or operator of such business establishment and a notification to the effect that such cart, basket, or device is not to be removed from the premises. (Prior code § 4-12.01)

9.20.020 Abandonment.

No person shall abandon or leave any shopping cart, shopping basket, or other similar device which has been removed from the owner’s premises upon any public street, alley, sidewalk, parkway, or other public place, nor upon any private property except that of the owner of such cart, basket, or device. (Prior code § 4-12.02)

9.20.030 Possession.

No person shall have in his possession any shopping cart, shopping basket, or other similar device which has been removed from the premises of any business establishment operated by the owner of such cart, basket, or device and which has permanently affixed to it a sign identifying it as belonging to the operator of a business establishment and a notification to the effect that such cart, basket, or device is not to be removed from the premises of such establishment. (Prior code § 4-12.03)

9.20.040 Use.

No person shall use any shopping cart, shopping basket, or other similar device for any purpose other than that intended by the owner of such cart, basket, or device. (Prior code § 4-12.04)

9.20.050 Alteration.

No person shall alter, convert, or tamper with any shopping cart, shopping basket, or other similar device or remove any part thereof. (Prior code § 4-12.05)

9.20.060 City retrieval of shopping carts.

A. If a shopping cart has a sign affixed to it in accordance with Business and Professions Code Section 22435.1, the city may retrieve and impound the shopping cart in accordance with the provisions of Business and Professions Code Section 22435.7.

B. The city shall collect a fee in an amount established by resolution of the city council to cover the city’s retrieval and storage costs.

C. In addition to the fee established by subsection B of this section, the city may collect an administrative fine from the owner of the shopping cart 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 a one-day period. The fine shall be established by resolution of the city council and imposed in accordance with Chapter 1.20 of this code.

D. Exceptions.

1. Nothing in this section shall prevent the city from immediately retrieving any shopping cart from public or private property where the location of the shopping cart will impede emergency services.

2. Nothing in this section shall prevent the city from impounding any shopping cart without complying with the provisions of this section when the shopping cart is taken as evidence of a crime having been committed.

3. Nothing in this section shall prevent the city from immediately retrieving and disposing of any unattended shopping cart that does not have a sign affixed to it in accordance with Business and Professions Code Section 22435.1. (Ord. 1522 § 1, 1997)