Chapter 8.18
SHOPPING CARTS
Sections:
8.18.010 Findings and purpose.
8.18.020 Applicability.
8.18.030 Definitions.
8.18.040 Prohibitions.
8.18.050 Shopping cart identification signs.
8.18.060 Unauthorized removal or possession of a shopping cart.
8.18.070 Exception.
8.18.080 Mandatory plan to prevent cart removal.
8.18.090 Prevention plan timeline and approval process.
8.18.100 Plan modification.
8.18.110 Revocation of plan.
8.18.120 Penalties for failing to submit a prevention plan.
8.18.130 Authority to impound.
8.18.140 Notification for retrieval of abandoned carts.
8.18.150 Authority to store.
8.18.160 Administrative costs and fines.
8.18.170 Disposal of abandoned shopping carts.
8.18.180 Emergency services.
8.18.190 Enforcement.
8.18.010 Findings and purpose.
Abandoned shopping carts constitute a nuisance, create potential hazards to the public health and safety and interfere with pedestrian and vehicular traffic within the City. Wrecked, dismantled and/or abandoned shopping carts on public or private property create conditions that reduce property values and promote blight and deterioration within the City’s neighborhoods. The purpose of this chapter is to ensure that measures are taken by cart owners to prevent the removal of shopping carts from store premises. This chapter is based in part on California Business and Professions Code Section 22435 and following. (Ord. 2065 § 1(A), 2018; Ord. 1678 § 1, 2002)
8.18.020 Applicability.
This chapter applies to:
A. Each business owner in the City if the business provides 25 or more shopping carts for customer use at any one business location; and
B. Any person in possession of an off-site shopping cart. (Ord. 2065 § 1(A), 2018; Ord. 1678 § 1, 2002)
8.18.030 Definitions.
A. “Abandoned shopping cart” means any cart removed from a business establishment’s premises without the written permission of the owner and located on either public or private property.
B. “Neighborhood preservation manager” means the neighborhood preservation manager, or his or her designees.
C. “Business owner” means a person or establishment providing shopping carts for customers’ use.
D. “Premises” means the entire area owned or under the control of a business owner, including the parking area or other off-street area.
E. “Shopping cart” means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for transporting goods.
F. “Off-site shopping cart” means a shopping cart which has been removed from the business premises where it belongs without the written consent of the business owner. (Ord. 1678 § 1, 2002)
8.18.040 Prohibitions.
It is unlawful and a violation of this chapter for a business owner who provides 25 or more shopping carts to:
A. Fail to affix an identifying sign to each shopping cart;
B. Fail to submit a shopping cart plan in conformance with LMC 8.18.080;
C. Fail to comply with an approved shopping cart plan; or
D. Allow a shopping cart to be removed from the business premises. (Ord. 1678 § 1, 2002)
8.18.050 Shopping cart identification signs.
The owner of a business providing 25 or more shopping carts shall have a sign permanently affixed to each cart. A business owner providing fewer than 25 shopping carts may affix a sign to each cart. The sign shall include all of the following information:
A. The identity of the owner or business, or both;
B. A valid telephone number and address for returning the shopping cart;
C. Notice to the public that the unauthorized removal of the cart from the premises of the business establishment, or the unauthorized possession of the shopping cart, is a violation of state laws and a violation of city ordinance;
D. Notification of the procedure for authorized removal of the shopping cart from the premises. (Ord. 1678 § 1, 2002)
8.18.060 Unauthorized removal or possession of a shopping cart.
It is unlawful for any person to do any of the following, if a shopping cart has a permanently affixed sign pursuant to LMC 8.18.050:
A. To remove a shopping cart from the premises or parking area of a business establishment with the intent to temporarily or permanently deprive the owner of its possession.
B. To leave or abandon a shopping cart at a location other than the premises or parking area of the retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
C. To alter, convert, or tamper with a shopping cart, or to remove any part or portion thereof or to remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
D. To be in possession of any shopping cart while that cart is not located on the premises or parking lot of a business establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (Ord. 1678 § 1, 2002)
8.18.070 Exception.
A violation of this chapter shall not apply to carts that are removed for the purposes of repair or maintenance with written consent of the business owner. (Ord. 1678 § 1, 2002)
8.18.080 Mandatory plan to prevent cart removal.
Every owner of a business providing 25 or more carts shall submit to the neighborhood preservation manager, obtain approval from him or her, and effectively implement a shopping cart plan in accordance with this section. Such plan shall include all the following elements:
A. Identifying Information. Name, address and telephone number of the business, and the name and telephone number of the on-site manager or designated agent.
B. Required Information. The number of on-site shopping carts, and the requirements for sign identification on carts.
C. Public Notices. A description of a customer education process by which the owner will inform customers that the removal or off-site possession of carts is a violation of state laws and this chapter. This information may include business signs posted in prominent places, flyers, warnings on shopping bags, direct mail, in-store announcements, or any other form of written notification demonstrated to be effective.
D. Required Signs On Property. Signs shall be placed in pertinent places on the business premises that warn customers that cart removal is prohibited and constitutes a violation of state and city law.
E. Employee Training. A description of on-going employee-training program to educate existing and new employees about the shopping cart plan.
F. Loss Prevention Measures. A description of the measures that the owner will implement to prevent the removal of shopping carts from the premises. These measures may include, but are not limited to, devices on shopping carts that automatically disable them if they are removed from the premises, employment of personnel to advise and deter customers from removing shopping carts, installation of obstacles to prevent the removal of shopping carts, collection of security deposits for use of all carts, or the rental or sale of utility carts that can be temporarily or permanently used to transport purchases.
G. Retrieval Measures. Specific measures to retrieve shopping carts that are removed from the owner’s premises on a weekly basis and within 72 hours of notice from the City under LMC 8.18.140. Such measures may include, but are not limited to, employment of personnel or contractors to retrieve shopping carts. The neighborhood preservation manager may require retrieval on a more frequent time schedule. (Ord. 2065 § 1(A), 2018; Ord. 1678 § 1, 2002)
8.18.090 Prevention plan timeline and approval process.
A proposed plan for preventing shopping cart removal and/or an evaluation report shall be submitted to the neighborhood preservation manager for approval within 60 days after the adoption of the ordinance codified in this chapter. Any establishments that open after the adoption of the ordinance codified in this chapter will have 30 days from the filing date on their city business license application to submit a shopping cart removal prevention plan to the neighborhood preservation division for approval. Every plan submitted shall be subject to the neighborhood preservation manager’s approval.
If a plan is rejected as incomplete or inadequate, or if additional information is needed, the City shall notify the owner in writing. The owner has 30 days to submit the additional information or a complete or adequate plan.
The City may reject or deny a plan on any of the following grounds:
A. The plan fails to include the information required under this section or fails to adequately address the required elements.
B. The plan is insufficient, in the administrator’s opinion, to prevent removal of carts.
C. Implementation of the plan violates this chapter, or state or federal law.
D. The owner knowingly makes a false statement or omits relevant facts in the plan, or in any amendment or attachment or report. (Ord. 2065 § 1(A), 2018; Ord. 1678 § 1, 2002)
8.18.100 Plan modification.
The owner may submit a plan modification of any previously approved shopping cart plan to address changed circumstances or to modify ineffective provisions. The administrator shall review and consider the modification in the same manner set forth in LMC 8.18.080 and 8.18.090. (Ord. 1678 § 1, 2002)
8.18.110 Revocation of plan.
The City may revoke an existing plan if:
A. A shopping cart has been found on public property on eight or more occasions within the past six-month period;
B. The owner has failed to comply with a provision of this chapter;
C. The owner has knowingly made a false statement or fails to disclose relevant information in an application, an amendment or in a report to the City.
Business owners whose plans have been revoked are subject to penalties as provided in LMC 8.18.120, 8.18.160, and 8.18.190. (Ord. 2065 § 1(A), 2018; Ord. 1678 § 1, 2002)
8.18.120 Penalties for failing to submit a prevention plan.
Any owner who fails to submit a plan, implement the proposed plan or implement any required modifications to the plan as required by the City, within the time frames as specified in this chapter, shall incur a penalty of $50.00 for each day of noncompliance. (Ord. 2065 § 1(A), 2018; Ord. 1678 § 1, 2002)
8.18.130 Authority to impound.
Pursuant to California Business and Professions Code Section 22435.7, the City may impound any abandoned shopping cart when the shopping cart has a sign affixed as required by LMC 8.18.050. The City may retrieve and immediately dispose of any abandoned shopping carts that lack the signs required by LMC 8.18.050. (Ord. 2065 § 1(A), 2018; Ord. 1678 § 1, 2002)
8.18.140 Notification for retrieval of abandoned carts.
Pursuant to Business and Professions Code Section 22435.7, the City shall notify the owner as identified on the signage information permanently affixed to the cart of any abandoned carts owned or used by the business establishment that have been located within the City of Livermore within 24 hours of impoundment. The city notification shall be documented and provided by telephone to the designated person listed on the theft prevention plan and followed up by written notice.
The owner shall have three business days from the date the notification is given to retrieve carts from the City. The notice will inform the owner of the location where the shopping cart may be claimed. (Ord. 2065 § 1(A), 2018; Ord. 1678 § 1, 2002)
8.18.150 Authority to store.
The shopping cart shall be stored by the City at a location that is reasonably convenient to the owner of the shopping cart and is open for business at least six hours of each day, Monday through Friday. However, the City shall not be liable by any party for any damage to a stored shopping cart. (Ord. 2065 § 1(A), 2018; Ord. 1678 § 1, 2002)
8.18.160 Administrative costs and fines.
Pursuant to Business and Professions Code Section 22435.7, any owner that fails to retrieve its abandoned cart(s) within three business days after receiving notice from the City shall pay the City’s administrative costs for retrieving the cart(s) and providing the notification to the owner. The abandonment of any such shopping cart so retrieved within the three-day period shall not be deemed an occurrence for purposes of prosecution or imposition of administrative costs and fines which otherwise would be applicable. Any owner who fails to retrieve abandoned carts in accordance with this chapter in excess of three times during a specified six-month period shall be subject to a $50.00 fine for each occurrence. An occurrence includes all carts owned by the owner that are impounded by the City in a one-day period. (Ord. 2065 § 1(A), 2018; Ord. 1678 § 1, 2002)
8.18.170 Disposal of abandoned shopping carts.
Pursuant to state law, any cart not reclaimed from the City within 30 days after notification to the owner shall be sold or otherwise disposed of by the City. (Ord. 2065 § 1(A), 2018; Ord. 1678 § 1, 2002)
8.18.180 Emergency services.
Pursuant to subdivision (c) of Business and Professions Code, Section 22435.7, the neighborhood preservation manager or any city officer, employee, or agent may immediately retrieve any shopping cart from public or private property if its location impedes emergency services. (Ord. 1678 § 1, 2002)
8.18.190 Enforcement.
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. (Ord. 1678 § 1, 2002)