Skip to main content
Loading…
This section is included in your selections.

Every owner of a retail business establishment or other commercial use within the city that provides more than ten shopping carts for customer use shall prepare, implement, and comply with the terms and conditions of a shopping cart control plan to prevent the unauthorized removal of any shopping cart from the owner’s premises and, if removed, provide for the retrieval of the shopping cart within time periods set forth in this chapter. The shopping cart control plan, at minimum, shall include the following:

A. Shopping Cart Identification Required. Every shopping cart made available for use by customers shall have a sign permanently affixed to it that identifies the owner of the cart or the retailer. Any shopping cart found abandoned that does not have the identification required by this section may be removed and disposed of by the city in accordance with state law.

B. Notice to Customers. Written notice shall be provided to customers, in both English and Spanish, that removal of shopping carts from the premises is prohibited by state law. Conspicuous signs shall be placed and maintained on the premises near all customer entrances and exits warning customers that removal of shopping carts from the premises is prohibited by state law.

C. Daily Cart Confinement. All shopping carts located on the premises of the retail establishment (other than an establishment open for business twenty-four hours per day) shall be collected at the end of each business day by employees of the retail establishment and shall be collectively confined in a secure manner at the cart containment area on the premises until the commencement of the next business day. All shopping carts located on the premises of any retail establishment open for business twenty-four hours per day, other than carts then currently in use by a customer or patron, shall be collected by employees of the retail establishment and returned to the cart confinement area on the premises at least once per calendar day on each day the retail establishment is open for business. The provisions of this subsection shall not apply to any shopping carts located within an enclosed building.

D. Employee Training. The owner of the retail establishment shall implement and maintain a periodic training program for its new and existing employees designed to educate such employees concerning the requirements of the cart containment plan and the provisions of state law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment.

E. Retrieval Personnel. The owner shall provide personnel for purposes of the retrieval of lost, stolen, or abandoned shopping carts. Such personnel may be either employees of the business or one of more independent contractors hired by the owner to provide shopping cart retrieval services, or a combination of both. For purposes of this section, those persons identified in the cart retrieval plan as providing cart retrieval services, whether employees of the business or independent contract services, shall be referred to in this section as retrieval personnel. The owner shall provide written authorization to all retrieval personnel, which authorization shall be carried by each such person while performing cart retrieval services on behalf of the owner and shall be provided to any enforcement personnel upon request.

F. Prompt Retrieval of Carts. The owner shall provide retrieval personnel in sufficient number to assure that all public streets within a minimum one-mile radius of the premises of the retail establishment are patrolled not less than every forty-eight hours, and each lost, stolen, or abandoned shopping cart owned or provided by the retail establishment which is found as a result of such patrols is immediately retrieved and removed from any public or private property upon which the cart is found.

G. Owner of retail business establishments or other commercial uses within the city that provide more than ten shopping carts with an electronic locking system or other similar disabling/prevention device will not be subject to subsections A through F of this section.

H. It is unlawful for any owner to provide any shopping cart for customer use that does not contain the signage required by this chapter. (Ord. 694 §1, 2018).