Cal. BPC § 22435.7.5 — California Code / Code bpc / Division 8 / Chapter 19 / Article 1 / Section 22435.7.5
Section 22435.7.5
Status: in_force

(a) The Legislature hereby finds that the retrieval by local governmental agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section and Section 22435.7.

(b) (1) A city, county, or city and county shall only retrieve and return a shopping cart that is located outside the premises or parking area of a retail establishment to the parking area or premises of the owner or retailer identified on the sign affixed to it in accordance with Section 22435.1 and recover its actual costs, if the city, county, or city and county adopts an ordinance subject to the following requirements:

(A) The ordinance includes criteria for determining that a shopping cart is inaccessible for retrieval by the shopping cart owner, or their agent.

(B) The ordinance includes an explanation of how the actual costs for retrieving and returning a shopping cart will be determined.

(C) The ordinance provides for at least 48 hours’ actual notice to the owner of the shopping cart, or their designated agent, of the shopping cart’s location before the city, county, or city and county retrieves the cart.

(D) The ordinance provides that the city, county, or city and county may recover its actual costs for the retrieval and return from the owner of the shopping cart, except those determined to be inaccessible pursuant to the criteria in subparagraph (A), subject to the explanation described in subparagraph (B) and not to exceed more than one hundred dollars ($100) per shopping cart.

(2) The ordinance may specify, but is not limited to, at least one of the following:

(A) The actual notice provides for the specific location of the shopping cart.

(B) The actual notice provides that the shopping cart is located within a predesignated area or route, as determined by the city, county, or city and county.

(3) The ordinance may require the owner of the shopping cart, or their designated agent, to follow procedures for receiving actual notice.

(c) When a city, county, or city and county retrieves a shopping cart in response to a duly filed complaint or service request submitted by a member of the public, the city, county, or city and county may do either of the following:

(1) Retrieve and return the shopping cart without providing actual notice to the owner of the shopping cart, or their designated agent, in which case the city, county, or city and county shall not recover the actual costs of retrieval or return.

(2) Provide at least 48 hours’ actual notice to the owner of the shopping cart, or their designated agent, before retrieval, in which case the city, county, or city and county may recover its actual costs of retrieval and return consistent with subdivision (b).

(d) If the location of a shopping cart will impede emergency services or pose a substantial threat to health and safety, including an imminent hazard, a city, county, or city and county is authorized to immediately retrieve and return the shopping cart.

(e) This section shall not prohibit a city, county, or city and county from being able to retrieve and return shopping carts for no reimbursement.

(f) For purposes of this section, both of the following apply:

(1) Actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limited to, telephone, mail with delivery confirmation, or electronic transmission with delivery confirmation. The city, county, or city and county shall maintain a record of that proof of delivery.

(2) The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.