Chapter 8.65
SHOPPING CARTS AND LAUNDRY CARTS
Sections:
8.65.010 Declaration of public nuisance.
8.65.070 Identification of shopping and laundry carts.
8.65.090 City retrieval of shopping carts.
8.65.100 Removal and disposal of damaged carts.
8.65.120 Cart containment plan.
8.65.010 Declaration of public nuisance.
Many retail establishments provide shopping carts for the convenience of customers while shopping on the premises of such businesses. Likewise, dry cleaning establishments may provide laundry carts to its customers. However, shopping carts and laundry carts removed from the premises of such businesses and left abandoned on public or private property throughout the city constitute a public nuisance and a potential hazard to the health and safety of the public. The proliferation of lost, stolen or abandoned shopping carts on public and private sidewalks, streets, parking lots and other areas interfere with pedestrian and vehicular traffic on public and private streets and impede emergency services. For the aforesaid reasons, the city council hereby declares such lost, stolen or abandoned shopping carts to be a public nuisance which shall be subject to abatement in the manner set forth in this chapter or in any other manner provided by law. [Ord. 404 § 1, 2024.]
8.65.020 Definitions.
Consistent with Business and Professions Code Section 22435, the following terms shall have the following meanings:
“Carts” means both shopping carts and laundry carts.
“Laundry cart” means 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.
“Parking area” means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle.
“Shopping cart” means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. [Ord. 404 § 1, 2024.]
8.65.030 Use.
No person shall use any shopping cart, laundry cart or other similar device for any purpose other than that intended by the owner of such cart or device. [Ord. 404 § 1, 2024.]
8.65.040 Possession.
No person shall have in his possession any shopping cart, laundry cart or other similar device which has been removed from the premises of any business establishment operated by the owner of such cart or similar 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 or device is not to be removed from the premises of such establishment. [Ord. 404 § 1, 2024.]
8.65.050 Removal.
No person shall remove any shopping cart, laundry cart or other similar device from the premises or parking area of any business establishment if such shopping cart, laundry cart or other similar 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 or device is not to be removed from the premises. [Ord. 404 § 1, 2024.]
8.65.060 Abandonment.
No person shall abandon or leave any shopping cart, laundry cart 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 or device. [Ord. 404 § 1, 2024.]
8.65.070 Identification of shopping and laundry carts.
The operator of a commercial establishment which has available to the customers thereof shopping or laundry carts shall permanently affix to said carts a sign that provides the following:
A. The name and address of the owner of the cart or the retailer which uses the cart in its business operations, or both;
B. The procedure to be utilized for the authorized removal of the cart from the premises;
C. Notification that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law;
D. The telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer. [Ord. 404 § 1, 2024.]
8.65.080 Alteration.
No person shall alter, convert or tamper with any shopping cart, laundry cart, or other similar device or remove any part thereof. [Ord. 404 § 1, 2024.]
8.65.090 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 of $50.00 from the owner of the cart for each occurrence in excess of three during a specified six-month period for failure to retrieve carts sold for salvage or otherwise disposed of in accordance with this section. An occurrence includes all carts impounded in a one-day period. The fine shall be established by resolution of the city council and imposed in accordance with subsection (B) of this section.
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. 404 § 1, 2024.]
8.65.100 Removal and disposal of damaged carts.
The city may determine that a cart is damaged or in such poor condition that it may be immediately disposed of based upon the city’s determination that the shopping cart is inoperable, unsafe or that the cost of repair exceeds the value of the shopping cart. In such case, the shopping cart or parts thereof may be destroyed or sold for salvage. The city shall give notice of this action to the owner, if the same can be determined. The owner shall not be liable for any cost for removal and abatement in such case. [Ord. 404 § 1, 2024.]
8.65.110 Unlawful acts.
A. Except as otherwise expressly provided in this chapter, it shall be unlawful and a misdemeanor offense for any cart owner to provide or offer, or permit to be provided or offered, any shopping cart to a customer of the cart owner without a current and valid cart containment plan approved by the city as required by and in accordance with the provisions of this chapter.
B. It is unlawful and a misdemeanor to do any of the following acts, if a shopping cart has a permanently affixed cart identification sign:
1. To temporarily or permanently remove a shopping cart from the business premises or the parking area of a business establishment without the express prior written approval of the owner or on-duty manager of the business establishment. Written permission shall be valid for a period not to exceed 24 hours.
2. To be in possession of a shopping cart that has been removed from the business premises or parking area of a business establishment without the express prior written approval of the cart owner or on-duty manager of the business establishment unless it is in the process of being immediately returned to the owner or business establishment.
3. To abandon or leave any shopping cart upon any public street, alley, sidewalk, parkway, or other public place nor upon any private property except that of the business premises of the cart owner.
4. To alter, convert, tamper with, or remove any part (including, but not limited to, cart identification sign or physical devices designed to lock or disable the wheels of a cart) from any shopping cart which has a permanently affixed cart identification sign.
This subsection (B) shall not apply to carts that are removed for the purposes of repair or maintenance that has been authorized by the cart owner.
C. Failure to comply with any portion of this chapter may subject the violator to any civil, criminal, or administrative remedies, as provided by law. The city may fine the owner of a shopping cart in an amount not to exceed $50.00 for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this chapter. An occurrence includes all shopping carts impounded in accordance with this section in a one-day period. [Ord. 404 § 1, 2024.]
8.65.120 Cart containment plan.
To prevent customers from removing carts from the business premises, each cart owner shall develop, implement, and comply with the provisions of a written cart containment plan approved by the city pursuant to written rules and procedures developed by the city. The cart containment plan shall be posted at or near the entrance of the business premises. The cart containment plan shall include the following elements and a detailed description of how they will be implemented:
A. Physical Measures. Specific physical measures shall be implemented to prevent cart removal from the business premises. This shall include one or more of the following:
1. Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts.
2. Any other measure approved by the director of public works as a means to contain carts on premises.
B. Cart Identification Sign. Every cart owner shall ensure that every shopping cart has a sign permanently affixed to it that contains, at a minimum, the following information:
1. Identification of the owner of the cart or the retailer, or both;
2. Notification to the public of the procedure to be utilized for authorized removal of the cart from the premises;
3. Notification to the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law and the Calimesa Municipal Code; and
4. A valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer.
C. Cart Removal Warning Required. Every cart owner shall post and maintain cart removal warnings on the business premises, which meet all of the following minimum specifications:
1. Meet or exceed 18 inches in width and 24 feet in height.
2. Using block lettering not less than one-half inch in width and two inches in height, contain a statement to the effect that unauthorized removal of a shopping cart from the business premises, or possession of a shopping cart in a location other than on the business premises, is a violation of state law and city ordinance.
3. List a local or toll-free telephone number for cart retrieval.
4. Be affixed to an interior wall of the building or otherwise permanently and prominently displayed within two feet of all customer entrances and exits.
5. The sign regulations set forth in Chapter 18.50 CMC shall not apply to cart removal warnings on the exterior of the building. [Ord. 404 § 1, 2024.]