CHAPTER 14A. NUISANCES.
Article V. Regulation of Shopping Carts.
Sec. 14A-5-3. Mandatory containment systems for shopping carts.
(a) It is unlawful for any person owning a retail establishment located in
the city where one or more shopping carts are available for customer use not to
install and maintain an effective containment system to contain all shopping
carts within the property boundaries of the business or adjacent parking area.
The cart owner shall provide signage in a conspicuous location notifying
shopping cart users that removal of shopping carts from the premises or parking
area is prohibited without the written consent of the cart
(b) Containment systems may include, but are not limited to, any one
or combination of the following:
(1) A physical barrier, such as bollards,
restricting shopping carts from being removed from the business
(2) Shopping carts equipped with a protruding arm or similar
device prohibiting the cart from being removed from the interior of the
(3) Shopping carts equipped with a wheel-locking mechanism that is
used in conjunction with an electronic barrier along the perimeter of the area
shopping carts are allowed. The wheel-locking mechanism will activate when the
shopping cart crosses the electronic barrier;
(4) A system, which may be
mechanical in nature, requiring a deposit to use a shopping cart. The deposit
should be of a reasonable amount that would not deter the use of the cart, but
would encourage the return of the cart. This system may include the rental or
sale of carts that can be temporarily or permanently used for transport of
(5) Security guards posted to deter and stop customers
who attempt to remove carts from the business premises.
(c) In lieu of
installing an effective containment system, a cart owner may obtain a waiver of
this section from the city manager by establishing, to the satisfaction of the
city manager, that the cart owner maintains its own cart retrieval program that
has been certified as effective by the city manager. The city manager will
evaluate such programs according to a standard established by city council
resolution in order to ensure that cart retrieval programs achieve the goals of
No enforcement action for violating this section may be taken
against a cart owner who has a valid waiver pursuant to this subsection. The
city manager may revoke any waiver if the cart owner no longer qualifies for
(d) For purposes of this section, “effective containment
system” means a system that results in no more than five shopping carts
being removed without the owner’s consent from the business premises or
parking area within any twelve-month period. There is a rebuttable presumption
that a cart found abandoned somewhere off the premises of the cart owner was
removed from the premises without the cart owner’s consent.
cart owner must file with the city an annual evaluation of the cart
owner’s loss prevention plan. (Ord. No. 1435, § 3