3-15
SHOPPING CARTS1:
3-15.1 Definitions:
As used in this section:
Abandoned cart shall mean a “cart”, as defined herein that has been removed without written, consent of the owner of the cart from the owner’s business premises, if it has been left on public property. This provision shall not apply to carts that are removed for purposes of repair or maintenance.
Business shall mean and include any corporation, joint venture, limited liability corporation, partnership, sole proprietorship, association, or any other legal entity in existence and doing business in the state of California generally and more particularly in the city of Lynwood.
Cart shall mean a basket which is mounted on wheels or a similar device generally used in an establishment by a customer for the purpose of transporting goods of any kind.
City shall mean the city of Lynwood.
Owner shall mean any person or entity, who in connection with the conduct of a business owns, leases, possesses, or makes a cart available to customers or to the public. For purposes of this section, owner shall include any person acting as an owner’s designee.
Premises shall mean the entire area owned, occupied, and/or utilized by an owner which provides carts for use by customers or other persons, including any parking lot or other property provided by or on behalf of the owner for customer parking or use. (Ord. #1568, §1)
3-15.2 Applicability:
This section shall apply to all owners of business establishments or other commercial services within the city that provide carts for customer use or for the use of the public. (Ord. #1568, §1)
3-15.3 Sign Posted:
Owners shall post signs prominently and conspicuously, near doors, or exits of their establishments, in substantially the following form: “REMOVAL OF SHOPPING CARTS FROM THESE PREMISES IS A CRIME. B&P §22435.” This notice shall be written in both English and Spanish. (Ord. #1568, §1)
3-15.4 Mandatory Plan To Prevent Cart Removal:
Every owner who allows or intends to allow the use of carts shall implement a specific plan to prevent customers from removing carts from the premises. The plan must include, but is not limited to, the following:
a. Cart Identification And Notice: Every cart owned or provided by any establishment in the city must have a sign permanently affixed to it that contains the following information written in both English and Spanish:
1. Identity of owner, establishment, or both.
2. Notification to the public that the removal of the cart from the premises is a violation of state law.
3. The owner’s address and phone number for cart return.
b. Mandatory Cart Retrieval: In addition to the above provisions, an owner must implement a seven (7) day a week cart retrieval program. The owner must provide a retrieval plan for abandoned carts that must be approved by the director of development services or his/her designee. The owner may use its own employees to retrieve the carts, or may hire a company to provide cart retrieval services.
c. Retrieval Service: Any cart retrieval service must be licensed to do business in the city of Lynwood.
d. Failure To Retrieve: Failure to retrieve abandoned carts shall be a violation of this section.
e. Phone Number: The owner must provide a phone number of the local store to the city employees, residents, and persons to call to report abandoned carts.
f. Call Log: Upon request from the city, the owner shall provide to the city a log of telephone calls received from persons who have reported abandoned carts. (Ord. #1568, §1)
3-15.5 Nuisance:
Identified abandoned carts left abandoned shall be declared a nuisance, pursuant to section 3-13 of this chapter. If the nuisance is to be abated by the city, the costs incurred by the city will be assessed upon the shopping cart owner. (Ord. #1568, §1)
3-15.6 Violations; Penalties:
Violations of this section shall be a misdemeanor, pursuant to section 1-5 of this code, or may be filed as an infraction by the city prosecutor. Each violation of any provision of this section shall constitute a separate offense. (Ord. #1568, §1)
3-15.7 Nonexclusive Remedy:
This section is not the exclusive remedy available to the city for regulating abandoned carts and shall be in addition to other regulatory codes, statutes and ordinances enacted by the city, the state, or any other governmental entity or agency having jurisdiction. (Ord. #1568, §1)
Prior ordinance history: Code 1972 §22-8; Ord. #906, §1.