Chapter 5.26
ABANDONED SHOPPING CARTS

Sections:

5.26.01    Findings and purpose.

5.26.02    Definitions.

5.26.03    Cart containment system required: Exception.

5.26.04    Store removal warnings.

5.26.05    Cart identification signs.

5.26.06    Permission for cart removal from business premises.

5.26.07    New construction.

5.26.08    Enforcement and remedies.

5.26.01 Findings and purpose.

The City Council finds that abandoned shopping carts on public and private property create conditions that reduce property values, promote blight and deterioration, and result in a public nuisance. This chapter is intended to ensure that measures are taken by the owners of shopping carts to prevent the removal of the shopping carts from the owner’s premises and to facilitate the retrieval of abandoned shopping carts in a manner consistent with State law. (§ 1, Ord. 11-04, eff. July 6, 2011)

5.26.02 Definitions.

The following definitions apply for the purposes of this chapter:

(a)    “Abandoned cart” shall mean any cart that has been removed, without the written consent of the owner, from the owner’s business premises or parking area of the retail establishment on which the cart owner’s business premises are located and is located on either public or private property.

(b)    “Business premises” means the interior of a cart owner’s commercial establishment, adjacent walkways, any loading area, and the parking area, as defined herein. The owner’s business premises may include a multi-store shopping center with shared areas of parking and public access.

(c)    “Cart identification sign” means a sign or engraved surface which is permanently affixed to a shopping cart containing all of the information specified in Section 5.26.05.

(d)    “Cart owner” means the owner or operator of a commercial establishment which provides carts for use by its customers for the purpose of transporting goods of any kind.

(e)    “Cart removal warning” means a placard, sign or painted text which meets the requirements of Section 5.26.04.

(f)    “Enforcement Officer” means any officer or employee of the city designated with the authority to enforce the applicable provisions of the City of Clovis Municipal Code.

(g)    “Individual cart identification number” means a number unique to each cart owned or provided by a cart owner.

(h)    “On-site cart containment program” means one or more of the following measures:

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.     An on-site security guard to deter customers who attempt to remove carts from the business premises.

3.     Bollards and chains around the business premises to prevent cart removal, if permitted by the applicable zoning and the site plan, and if approved by the fire marshal.

4.     Obtaining a security deposit from customers for the on-site use of shopping carts.

5.     The rental or sale of carts that can be temporarily or permanently used for the transport of goods.

6.     Any other measure approved by the Director of Planning and Development Services as a means to contain carts on the premises.

(i)    “Parking area” means a parking lot or other property provided by a commercial establishment for use by a customer for parking an automobile or other vehicle. In a multi-store complex or shopping center, “parking area” includes the entire parking area used by or controlled by the complex or center.

(j)    “Physical containment system” means one of the following, as approved by the Director of Planning and Development Services:

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 system of equipment approved by the Director of Planning and Development Services which physically contains shopping carts on the premises.

(k)    “Qualified cart retrieval service” means a third party commercial service in the business of retrieving and returning shopping carts and meeting minimum service standards established by the Director of Planning and Development Services. The Director shall develop the minimum service standards and maintain a list of companies that have agreed to meet those standards.

(l)    “Shopping cart” or “cart” means a basket which is mounted on wheels or a similar device provided by the operator of a commercial establishment for the use of customers for the purpose of transporting goods of any kind. A cart sold by a commercial establishment to a retail customer for that customer’s personal use is not a shopping cart for the purposes of this chapter. (§ 1, Ord. 11-04, eff. July 6, 2011)

5.26.03 Cart containment system required: Exception.

Every cart owner shall operate and maintain an on-site cart containment program. A cart owner may be exempted from this requirement if he or she provides proof of contracting with a qualified cart retrieval service and submits an operations plan to the Director of Planning and Development Services which demonstrates to the satisfaction of the Director that the qualified cart retrieval service will: (i) actively locate shopping carts within a one-mile radius of the cart owner’s business premises; and (ii) respond to complaints from the public in a manner which results in the retrieval of shopping carts within twenty-four (24) hours after receiving complaint(s). (§ 1, Ord. 11-04, eff. July 6, 2011)

5.26.04 Store removal warnings.

Every cart owner shall prominently post and maintain in the interior of the building and within two (2) feet of all customer entrances and exits cart removal warnings which meet all of the following minimum specifications:

(a)    Meet or exceed eighteen (18) inches in width and twenty-four (24) inches in height.

(b)    Use block lettering not less than one-half (1/2) inch in width and two (2) 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.

(c)    The statement required by subsection (b) of this section shall be in English, Spanish, and any other language spoken as the primary language for a significant customer base of the cart owner.

(d)    List a local or toll-free telephone number for cart retrieval. (§ 1, Ord. 11-04, eff. July 6, 2011)

5.26.05 Cart identification signs.

(a)    Each shopping cart owned or used within the City shall have permanently affixed to it and easily visible a cart identification sign or engraved surface which includes all of the following information: The name of the cart owner; the telephone number of the cart owner and/or commercial establishment to which the cart belongs; the individual cart identification number; a valid toll-free phone number for cart retrieval; the procedure (if any) to be followed to obtain permission to remove the cart from the business premises; and a notice to the public that unauthorized removal of the cart from the business premises is a violation of State law and City ordinance.

(b)    It shall be the responsibility of each cart owner to comply with subsection (a) of this section, and to continuously maintain, or cause to be maintained, the cart identification sign so that all of the required information is accurate and clearly legible. (§ 1, Ord. 11-04, eff. July 6, 2011)

5.26.06 Permission for cart removal from business premises.

No person shall be deemed to be authorized to remove a cart unless he or she possesses written authorization from the cart owner. This section shall not apply to the possession of a shopping cart removed from the business premises at the direction of the cart owner for the purposes of repair or maintenance. (§ 1, Ord. 11-04, eff. July 6, 2011)

5.26.07 New construction.

A cart owner shall be required to install a physical containment system when the cart owner establishes a new facility consisting of, or expands an existing facility by, more than five thousand (5,000) square feet. (§ 1, Ord. 11-04, eff. July 6, 2011)

5.26.08 Enforcement and remedies.

A violation of this chapter is a misdemeanor subject to the penalty provisions of Chapter 2 of Title 1. In addition, the City may exercise the following remedies:

(a)    If an abandoned cart remains for more than twenty four (24) hours after notice to the owner from the City or citizen observer, the Enforcement Officer may issue an administrative citation to the owner in accordance with the provisions of Chapter 7 of Title 1. Notwithstanding the fine schedule set forth in Chapter 7 of Title 1, the amount of the fine shall be one hundred and no/100ths dollars ($100.00) for each cart and for every twenty-four (24) hour period the cart remains abandoned.

(b)    The City may remove the cart. The owner will be responsible for the costs of removal and storage. Prior to release of the cart, the owner must pay for those costs plus any outstanding administrative citation fines. If a cart is not retrieved by its owner within thirty (30) days after the owner has received notice of the cart being impounded, including a failure to pay costs and fines, or if the cart’s owner cannot be determined, the cart will be sold, destroyed or otherwise disposed of as the City sees fit.

(c)    Following the City having retrieved more than ten (10) carts in any thirty (30) day period or the issuance of more than ten (10) administrative citations in any twelve (12) month period, the Director of Planning and Development Services may require the owner to install a physical containment system. (§ 1, Ord. 11-04, eff. July 6, 2011)