Santa Maria City Zoning Code
CHAPTER 12
55 SHOPPING CART CONTAINMENT REGULATIONS
Section 12-55.01 Definitions.
The following words and phrases as used in this Section shall have the meanings ascribed to them, unless otherwise noted:
means a shopping cart located outside the store premises of the business establishment which furnishes the shopping cart for use by its patrons.
means the method(s) a shopping cart owner proposes to implement to prevent more than three shopping carts from being removed from store premises during any 24-hour period over a 24 hour period, between the hours of 12:00 a.m. and 11:59 p.m. the following day.
means three shopping carts that have been removed from store premises.
means that no more than three shopping carts are removed from store premises (cart loss threshold) over a 24 hour period, between the hours of 12:00 a.m. and 11:59 p.m. the following day.
means any basket, platform, or similar device of any size, mounted on wheels or a similar device, including parts thereof, provided by a store operator for the purpose of transporting goods of any kind on the store premises of that business establishment. This definition shall include laundry carts provided by owners and operators of laundry facilities, such as Laundromats.
means the owner and/or the tenant of the store premises, and their officers, employees, contractors and agents.
means the area within the business establishment and any lot area, maintained and managed by the business, that may include the building, parking lot, loading areas, and adjacent driveways and walkways, and where the business' shopping carts are utilized.
(Ord. 2017-13 § 1, eff. 9/14/17)
Section 12-55.02 Shopping Cart Containment.
(a)
All shopping carts shall be effectively contained or controlled within the boundaries of the store premises.
(b)
Any shopping cart owner who fails to effectively contain or control shopping carts within the cart loss threshold shall be subject to the issuance of a Notice of Violation. Within 30 days from the date written on the Notice of Violation, shopping cart owner shall submit an application for an administrative use permit pursuant to Santa Maria Municipal Code Section 12-35.101. The application shall include a cart containment plan that shall describe one or more shopping cart containment methods that will be implemented that will result in the achieving the cart loss threshold (i.e., the loss of no more than three shopping carts removed from store premises over a 24 hour period, between the hours of 12:00 a.m. and 11:59 p.m. the following day). Cart loss above the cart loss threshold shall be based upon available documentation, including, but not limited to, field observations by Code Compliance, City Rangers, and/or Police Officers.
(c)
Upon request by the Zoning Administrator after submission of a cart containment plan, a shopping cart owner shall provide information concerning shopping cart use, loss and recovery specific to that business location, and such other information deemed reasonable by the Zoning Administrator to determine the adequacy of the shopping cart containment system or control method.
(Ord. 2017-13 § 1, eff. 9/14/17)
Section 12-55.03 Abandoned Shopping Carts: Violation.
(a)
Any abandoned shopping cart(s) in excess of the cart loss threshold shall be a violation of this Chapter, and subject shopping cart owners that have previously received a Notice of Violation and obtained an administrative permit for a cart containment plan, pursuant to Section 12-55.02 to the penalties provided for in Section 12-55.06.
(b)
Except as provided in subdivision (c), individuals in possession of shopping carts that have been removed from store premises, or responsible for removing shopping carts from store premises, shall be subject to prosecution pursuant to California Business & Professions Code Section 22435, et seq.
(c)
Any shopping cart(s) removed from store premises for the purposes of cart maintenance, transfer of ownership, or disposal, or with the express written permission of the cart owner (e.g., for use as part of a charitable fundraising or community wide event such as a parade or food drive) is not a violation of this Section.
(Ord. 2017-13 § 1, eff. 9/14/17; Ord. 2018-02 § 7, eff. 4/5/18)
Section 12-55.04 Signage Requirements.
(a)
All shopping cart owners shall post a sign made of permanent, weather-resistant materials, not less than 18 inches in width and 24 inches in height with block lettering not less than 1/2 inch in width and two inches in height, in a conspicuous place on the building within two feet of all customer entrances and exits stating, at a minimum, the following:
REMOVAL OF SHOPPING CARTS FROM THE PREMISES IS PROHIBITED BY LAW.
B & P CODE SECTION 22435.2
(b)
Shopping carts located on public property outside of store premises, which do not meet the signage requirements specified in Business & Professions Code Section 22435.1, shall be considered "camping paraphernalia" as defined in Santa Maria Municipal Code Section 6-1.02(b)(3) and a violation of Santa Maria Municipal Code Section 6-1.02(d). Such carts may be immediately impounded by any Police Officer or City Ranger.
(Ord. 2017-13 § 1, eff. 9/14/17)
Section 12-55.05 Not Exclusive Means for Regulating Shopping Carts.
This Chapter is not to be construed as the exclusive regulation of wrecked, dismantled, or abandoned shopping carts within the City. It shall supplement and be in addition to other regulations, codes, statutes, and ordinances heretofore or hereafter enacted by the City of Santa Maria, State of California, or any other legal entity or agency having jurisdiction, including Section 22435, et seq. of the Business and Professions Code.
(Ord. 2017-13 § 1, eff. 9/14/17)
Section 12-55.06 Penalty.
(a)
Any owner, operator, manager, employee and/or independent contractor of a shopping cart owner violating or permitting, counseling, or assisting the violation of any of these provisions regulating shopping carts, shall be guilty of a misdemeanor; and any conviction thereof shall be punishable by a fine of not more than One thousand dollars or by imprisonment in the County jail for not more than six months, or by both such fine and imprisonment. Any violation of these provisions shall constitute a separate offense for each and every day during which such violation is committed or continued.
(b)
Any violation of the provisions of this Chapter, including Section 12-55.03(b), may also result in the issuance of an administrative citation pursuant to Santa Maria Municipal Code Chapter 1-9 or may subject the violator to the imposition of administrative penalties pursuant to Santa Maria Municipal Code Chapter 1-8, in addition to any other legal remedy, including injunctive relief and the imposition of civil penalties pursuance to Santa Maria Municipal Code Section 1-6.03.
(Ord. 2017-13 § 1, eff. 9/14/17; Ord. 2018-02 § 7, eff. 4/5/18)