17. Abandoned shopping carts
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
CUPERTINO
Community Development
Department
Summary
Agenda Item No. II
Agenda Date: May 15, 2007
APPLICATION SUMMARY:
Consider options with regard to abandoned shopping carts.
RECOMMENDATION:
Staff recommends that the City Council:
. Direct staff to work with the managers of the stores with carts to seek their input
regarding solutions for cart retrieval.
The Council may want to consider other options once we have received store manager
input. These options are detailed in the discussion section below.
BACKGROUND:
On March 20, 2007, a resident of the Garden Gate neighborhood spoke to the City
Council about the large number of shopping carts abandoned in the neighborhood. The
City Council asked staff to present options to address the problem of abandoned
shopping carts.
Shopping carts are removed from owner's premises by patrons who live in close
proximity to the establishments and presumably do not have other means to
conveniently transport purchased items to their homes. Therefore, neighborhoods
located near commercial establishments are more likely to be affected by the problem of
abandoned shopping carts than others.
DISCUSSION:
Work with store managers:
Shopping carts are expensive and it is in the interest of the stores to ensure that
shopping carts are not removed from the premises. Staff recommends that city council
direct staff to work with the store managers to hear their perspective on the problem
and to help identify solutions to ensure that the carts stay on their property. This
would be a voluntary effort with help from city staff.
The other options the council could consider to address the problem are discussed
below.
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Application: Abandoned Shopping Carts
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Cite offenders:
Section 22435 of the California Business and Professions Code establishes the provisions
regarding removal of shopping carts from the owner's premises. It allows the citation
of people who remove shopping carts from the premises. Subsection 22435.2
specifically states that removal, possession or abandonment of a shopping cart by non-
owners is unlawful, and any person who violates these provisions is guilty of a
misdemeanor. This is one option that the city council could consider to prevent people
from removing shopping carts from the owner's premises.
No legislative action needs to be taken except directing the Sheriff's Office to cite people
seen removing carts from the cart owner's premises. This would, however, a
considerable amount of the sheriff department's time in patrolling the neighborhood to
cite offenders and is only useful if a person is caught in the act of removing a shopping
cart.
Incorporate disabling mechanism in conditions of approval:
Another way of ensuring that new and existing stores that have a large number of carts
install some way of disabling shopping carts from leaving the premises is to require this
as a condition of development such as approval of the use permit or building permit
applications. This would be administered through Planning Department staff.
Enact an ordinance:
The council can adopt an ordinance to define abandoned shopping carts and declare
them to be nuisances, hazards to vehicles and pedestrians and/ or blight promoters.
Such an ordinance will have to be consistent with state law. State Law requires that
shopping cart owners be allowed three days from the time they are notified about an
abandoned shopping cart for its retrieval without any financial consequences. Any
ordinance enacted by the city will have to allow such time. If the owner does not
respond within 30 days, the city or the cart retrieval company can dispose of the cart in
way that it deems fit.
Such an ordinance would include some ,or all of the following to ensure compliance:
· Authority for the Code Enforcement Department to cite people seen removing
carts from the cart owner's premises
· Set up a cart retrieval program: The city can contract with a cart retrieval
company and charge the stores for the cost of retrieval.
· Penalize the stores: The city can set up an administrative procedure in which
stores can be fined if they are not responsive about cart retrieval.
· Require stores to install wheel locking or other stopping mechanisms.
· Require stores to prepare a plan demonstrating how they will control their carts
from being abandoned in the right of way or other private property, including
the following:
· Notices posted on doors and near parking lot exits prohibiting the removal of
shopping carts and notifying people that it is a violation of the law
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Application: Abandoned Shopping Carts
Page 3
· Information about a store administered cart retrieval program, if any
· Phone number for retrieval of carts to be displayed prominently on all
shopping carts.
· Require owners to submit plans demonstrating their plans for controlling the
removal of shopping carts from their premises as a condition of approval of the
use permit or their building permit. This would only be effective for new
construction and would require the above information.
Prepared by: Piu Ghosh, Assistant Planner
Approved by:
QsL
Steve Piasecki
Director, Community Development
David W. Knapp
City Manager
G: \Planning\PDREPORT\ CC\2007\AbandonedShoppingCartsMay CCSR.doc
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