Chapter 8.30
SHOPPING CART REGULATION*
Sections:
8.30.020 Shopping cart containment and retrieval required.
8.30.030 Shopping cart signage.
8.30.040 Removal and collection by city.
8.30.070 Illegal possession or accumulation of carts.
8.30.080 Additional relief authorized.
*Code reviser’s note: This chapter takes effect January 1, 2025.
8.30.010 Definitions.
Except as otherwise expressly set forth herein, the following words and terms as used in this chapter shall have the following meanings:
A. “Identification sign” or “cart sign” means a clearly visible sign fastened to each cart that provides ownership information required by this chapter.
B. “Parking area” means a parking lot or other property provided by a retail establishment for the use of customers of said retail establishment for the parking of customer vehicles. The parking area of a retail establishment located in a multistore complex or a shopping center shall include the entire parking area used by the multistore complex or shopping center.
C. “Retail establishment” means any business located in the city of Shelton which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store.
D. “Security measures” means physical impediments or methods to prevent removal of shopping carts from the premises of the retail establishment including, but not limited to:
1. Electronically activated self-braking wheels;
2. Poles mounted to shopping carts, which prevent their removal from the interior of the retail establishment;
3. Bollards, chains, or other devices meant to prevent carts from leaving the retail establishment;
4. Utilization of a cart patrol and retrieval company;
5. Dedicated security personnel; and/or
6. Other measures deemed appropriate and effective by the director.
E. “Shopping cart” or “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. 2022-0824 § 1, 2024)
8.30.020 Shopping cart containment and retrieval required.
Every owner who provides shopping carts to customers for use on the premises of any retail establishment shall be responsible for the containment of such shopping carts to the premises of the business establishment and for the immediate retrieval of any lost, stolen, or abandoned shopping carts which have been removed from the premises of the retail establishment.
Businesses which are not exempt from the provisions of this chapter shall institute the following control measures to contain shopping carts on the site of the business:
A. Employee Training. The owner of the retail establishment shall ensure employees are aware of the requirements of this chapter and the provisions of state law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment.
B. Measures to Contain Shopping Carts On Site. The owner of the retail establishment must utilize security measures, as defined in this chapter, to contain shopping carts on business premises. (Ord. 2022-0824 § 1, 2024)
8.30.030 Shopping cart signage.
A. Shopping Cart Identification Signs Required. Each shopping cart made available for use by customers shall have a cart sign permanently affixed to it that includes the following information in accordance with RCW 9A.56.270, as now enacted or hereafter amended:
1. Identifies the owner of the shopping cart or the name of the business establishment, or both;
2. Notifies the public of the procedure to be utilized for authorized removal of the cart from the premises;
3. Notifies the public that the unauthorized removal of the cart from the premises of the business or parking area of the retail establishment, or the unauthorized possession of the cart, is unlawful; and
4. Lists a current telephone number or address for returning carts removed from the premises or parking area to the owner or retailer.
B. Notice to Customers. Conspicuous signs warning customers that removal of shopping carts from the premises is prohibited by state and city law must be placed and maintained on the premises near all customer entrances and exits and throughout the premises, including the parking area. (Ord. 2022-0824 § 1, 2024)
8.30.040 Removal and collection by city.
The city may immediately remove or relocate lost, stolen, or abandoned carts from public spaces such as sidewalks and parks, from locations that would impede traffic flow or emergency services, and from private property at the request of the owner. Any cart with the required identification sign affixed thereto, which is not retrieved by the owner or the owner’s agent within seventy-two hours of the notification by the city, may be disposed of at the city’s discretion.
If a shopping cart does not have the required identification sign affixed thereto, city enforcement personnel are authorized to immediately retrieve the shopping cart from the public or private property and dispose of it without notice. (Ord. 2022-0824 § 1, 2024)
8.30.050 Fees.
A. The owner of a lost, stolen, or abandoned shopping cart that is relocated or otherwise disposed of by the city pursuant to this chapter shall be liable for a flat fee of one hundred dollars per cart if the retail establishment has complied with approved security measures listed in Section 8.30.010 and affixed the required signage per Section 8.30.030, or a fee of two hundred dollars per cart if the retail establishment has not so complied. Fees must be paid within sixty days of the date of the invoice provided by the city. Fees that are not timely paid may be referred to a collection agency or recovered by any lawful means.
B. Nothing contained herein shall be interpreted or construed as placing an affirmative obligation on the city to pick up and return lost, stolen, or abandoned shopping carts. (Ord. 2022-0824 § 1, 2024)
8.30.060 Exemptions.
The requirements of this chapter shall not apply to any retail establishment which provides a total of fifteen or fewer shopping carts for use by customers of such business, or businesses containing less than three thousand square feet of retail area. (Ord. 2022-0824 § 1, 2024)
8.30.070 Illegal possession or accumulation of carts.
There is a rebuttable presumption that a shopping cart found abandoned somewhere off the premises was removed from the premises without the cart owner’s consent.
A. Any person removing a shopping cart from the premises of an owner, without the written permission of the owner or the owner’s authorized agent, shall be guilty of shopping cart theft, which is a misdemeanor pursuant to RCW 9A.56.270.
B. Anyone who knowingly possesses a shopping cart without the written permission of the owner is guilty of possession of stolen property in the third degree, which is a gross misdemeanor. (Ord. 2022-0824 § 1, 2024)
8.30.080 Additional relief authorized.
The city may seek other legal or equitable relief to enjoin any acts or practices or to abate any conditions that violate this chapter. All costs and expenses incurred by the city during abatement of such violations shall be assessed to the person(s) responsible for the condition, and responsibility for all costs and expenses is joint and several. (Ord. 2022-0824 § 1, 2024)