04-16-19 - Item 11 - Discussion Regarding Shopping Cart ContainmentAGENDA ITEM NO. 11
AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE:April 16, 2019
TO:Mayor and City Council
FROM:David Carmany
Interim City Manager
SUBJECT:DISCUSSION REGARDING SHOPPING CART CONTAINMENT
RECOMMENDATION:
Staff recommends that the City Council review the information in the staff report and provide
appropriate direction regarding Shopping Cart regulations.
BACKGROUND:
Over the past few years, complaints have been received from businesses and residents about
abandoned shopping carts located throughout the City. At the October 2, 2018 City Council
Meeting, the City Council directed staff to return to a future meeting to provide a background and
discussion associated with establishing shopping cart regulations.
California Business and Professions Code sections 22435-22435.13 regulates shopping and laundry
carts in the State of California. California Business and Professions Code section 22435.2 makes it
unlawful for someone to remove a shopping cart from the premises or parking lot of a retail
establishment where the shopping cart has a sign that is permanently affixed to it that identifies the
owner of the cart or the retailer. This section also makes it unlawful for someone to be in possession
of the shopping cart. Business and Professions Code 22435.3 states that a person who violates the
article is in violation of a misdemeanor. Because State law does not require shopping cart owners to
affix these signs and State law permits cities to adopt ordinances that do not conflict with existing
State law, many cities in California have adopted local ordinances requiring signs and provisions on
the management of shopping carts within their jurisdictions. The City Attorney’s Office has
experience in preparing ordinances that make it mandatory for owners of carts to submit a cart
containment plan (CCP) that requires owners to manage their own carts. At minimum, the CCP
outlines how the following will be addressed:
1.Signage stating unauthorized cart removal is illegal
2.Methods to prevent cart removal
3.Retrieval within 24 hours of notification; and
4.Plan to secure carts after business hours
If a cart owner fails to utilize a shopping cart retrieval service or follow cart prevention measures
this may result in shopping carts being abandoned off premise of the store. This could result in
either City personnel collecting and storing the carts, and/or the carts not being collected within 24
hours. Under such an ordinance, if either occurs, then the owner may be required to either submit a
new containment plan or install a standardized cart containment system with a wheel locking or
stopping mechanism that is used in conjunction with an electronic or magnetic barrier along the
perimeter of the store premises.
DISCUSSION:
Currently, the City of West Covina does not have an ordinance that addresses the regulation and
enforcement of shopping carts. According to the California Grocers Association, approximately 120
jurisdictions in California have adopted regulations specifically addressing abandoned shopping
carts. The proposed ordinance is similar to the majority of existing ordinances.
Cooperation of Businesses with Shopping Carts
If the City Council is interested in enacting a shopping cart ordinance, it is recommended that City
staff communicate with business owners before the ordinance is implemented. If the City gets
cooperation from the businesses that utilize shopping carts, the ordinance will be more effective. The
City should express to business owners the goal to be “good neighbors", which could reduce the
amount of abandoned shopping carts throughout the City. If it is decided to create an ordinance, it
would be appropriate for staff to create a list of stores in the City that utilize shopping carts and use
that list to provide notice as the ordinance is processed.
Cart Containment Plan
If an ordinance is requested by the City Council, businesses would be required to submit a cart
containment plan to the City; however, there would be no charge to review and approve the plan.
The City may recover from the owner of a shopping cart, actual costs incurred in impounding the
shopping cart pursuant to Business and Professions Code Section 22435.7(d). In addition, the owner
of a shopping cart may also be subject to a fine in the maximum amount established by the Business
and Professions Code Section 22435.7, for each occurrence in excess of three during any six-month
period for failure to retrieve identified carts. An occurrence includes all identified carts impounded
by the City in a one-day period.
Retrieval Company Issues
City Council should note that a shopping cart ordinance will not eliminate the problem with
abandoned shopping carts in the City. One reason is that contracts with the retrieval company
usually are for once a week or once every two weeks. If the problem is prevalent, that is not enough
time for a company to collect all the shopping carts. Another reason is the City will need to decide if
it wants to enter into a contract with a shopping cart retrieval company, which would be a cost to the
City. Third, if abandoned shopping carts have personal effects in them, as they might in many
circumstances, a retrieval company will not collect the carts. In those instances, Community
Development, Public Services and Code Enforcement staff would work with Police to determine if
the shopping carts can be retrieved.
LEGAL REVIEW:
This report has been reviewed and approved by the City Attorney’s Office.
OPTIONS:
The City Council has the following options:
1.Direct staff to prepare a shopping cart ordinance and communicate with stores with shopping
carts; or
2.Determine not to prepare a shopping cart ordinance; or
3.Direct staff to engage with businesses and seek voluntary compliance with respect to cart
retrieval.
Prepared by: Jeff Anderson, Community Development Director