State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 22435-22435.8

BUSINESS AND PROFESSIONS CODE
SECTION 22435-22435.8



22435.  As used in this article:
   (a) "Shopping cart" means a basket which is mounted on wheels or a
similar device generally used in a retail establishment by a
customer for the purpose of transporting goods of any kind.
   (b) "Laundry cart" means a basket which is mounted on wheels and
used in a coin-operated laundry or drycleaning retail establishment
by a customer or an attendant for the purpose of transporting fabrics
and the supplies necessary to process them.
   (c) "Parking area" means a parking lot or other property provided
by a retailer for use by a customer for parking an automobile or
other vehicle.


22435.1.  The provisions of Section 22435.2 shall apply when a
shopping cart or a laundry cart has a sign permanently affixed to it
that identifies the owner of the cart or the retailer, or both;
notifies the public of the procedure to be utilized for authorized
removal of the cart from the premises; notifies the public that the
unauthorized removal of the cart from the premises or parking area of
the retail establishment, or the unauthorized possession of the
cart, is a violation of state law; and lists a valid telephone number
or address for returning the cart removed from the premises or
parking area to the owner or retailer.


22435.2.  It is unlawful to do any of the following acts, if a
shopping cart or laundry cart has a permanently affixed sign as
provided in Section 22435.1:
   (a) To remove a shopping cart or laundry cart from the premises or
parking area of a retail establishment with the intent to
temporarily or permanently deprive the owner or retailer of
possession of the cart.
   (b) To be in possession of any shopping cart or laundry cart that
has been removed from the premises or the parking area of a retail
establishment, with the intent to temporarily or permanently deprive
the owner or retailer of possession of the cart.
   (c) To be in possession of any shopping cart or laundry cart with
serial numbers removed, obliterated, or altered, with the intent to
temporarily or permanently deprive the owner or retailer of
possession of the cart.
   (d) To leave or abandon a shopping cart or laundry cart at a
location other than the premises or parking area of the retail
establishment with the intent to temporarily or permanently deprive
the owner or retailer of possession of the cart.
   (e) To alter, convert, or tamper with a shopping cart or laundry
cart, or to remove any part or portion thereof or to remove,
obliterate or alter serial numbers on a cart, with the intent to
temporarily or permanently deprive the owner or retailer of
possession of the cart.
   (f) To be in possession of any shopping cart or laundry cart while
that cart is not located on the premises or parking lot of a retail
establishment, with the intent to temporarily or permanently deprive
the owner or retailer of possession of the cart.



22435.3.  Any person who violates any of the provisions of this
article is guilty of a misdemeanor.
   The provisions of this section are not intended to preclude the
application of any other laws relating to prosecution for theft.



22435.4.  This article shall not apply to the owner of a shopping
cart or laundry cart or to a retailer, or to their agents or
employees, or to a customer of a retail establishment who has written
consent from the owner of a shopping cart or laundry cart or a
retailer to be in possession of the shopping cart or laundry cart or
to remove the shopping cart or laundry cart from the premises or the
parking area of the retail establishment, or to do any of the acts
specified in Section 22435.2.



22435.5.  (a) In any civil proceeding, any shopping cart or laundry
cart which has a sign affixed to it pursuant to Section 22435.1 shall
establish a rebuttable presumption affecting the burden of producing
evidence that the property is that of the person or business named
in the sign and not abandoned by the person or business named in the
sign.
   (b) In any criminal proceeding, it may be inferred that any
shopping cart or laundry cart which has a sign affixed to it pursuant
to Section 22435.1 is the property of the person or business named
in the sign and has not been abandoned by the person or business
named in the sign.


22435.7.  (a) The Legislature hereby finds that the retrieval by
local government 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.
   (b) A shopping cart that has a sign affixed to it in accordance
with Section 22435.1 may be impounded by a city, county, or city and
county, provided both of the following conditions have been
satisfied:
   (1) The shopping cart is located outside the premises or parking
area of a retail establishment. 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.
   (2) Except as provided in subdivision (i), the shopping cart is
not retrieved within three business days from the date the owner of
the shopping cart, or his or her agent, receives actual notice from
the city, county, or city and county of the shopping cart's discovery
and location.
   (c) In instances where the location of a shopping cart will impede
emergency services, a city, county, or city and county is authorized
to immediately retrieve the shopping cart from public or private
property.
   (d) Any city, county, or city and county that impounds a shopping
cart under the authority provided in subdivisions (b) and (c) is
authorized to recover its actual costs for providing this service.
   (e) Any shopping cart that is impounded by a city, county, or city
and county pursuant to subdivisions (b) and (c) shall be held at a
location that is both:
   (1) Reasonably convenient to the owner of the shopping cart.
   (2) Open for business at least six hours of each business day.
   (f) A city, county, or city and county may fine the owner of a
shopping cart in an amount not to exceed fifty dollars ($50) for each
occurrence in excess of three during a specified six-month period
for failure to retrieve shopping carts in accordance with this
section. An occurrence includes all shopping carts impounded in
accordance with this section in a one-day period.
   (g) Any shopping cart not reclaimed from the city, county, or city
and county within 30 days of receipt of a notice of violation by the
owner of the shopping cart may be sold or otherwise disposed of by
the entity in possession of the shopping cart.
   (h) This section shall not invalidate any contract entered into
prior to June 30, 1996, between a city, county, or city and county
and a person or business entity for the purpose of retrieving or
impounding shopping carts.
   (i) Notwithstanding paragraph (2) of subdivision (b), a city,
county, or city and county may impound a shopping cart that otherwise
meets the criteria set forth in paragraph (1) of subdivision (b)
without complying with the three-day advance notice requirement
provided that:
   (1) The owner of the shopping cart, or his or her agent, is
provided actual notice within 24 hours following the impound and that
notice informs the owner, or his or her agent, as to the location
where the shopping cart may be claimed.
   (2) Any shopping cart so impounded shall be held at a location in
compliance with subdivision (e).
   (3) Any shopping cart reclaimed by the owner or his or her agent,
within three business days following the date of actual notice as
provided pursuant to paragraph (1), shall be released and surrendered
to the owner or agent at no charge whatsoever, including the waiver
of any impound and storage fees or fines that would otherwise be
applicable pursuant to subdivision (d) or (f). Any cart reclaimed
within the three-business-day period shall not be deemed an
occurrence for purposes of subdivision (f).
   (4) Any shopping cart not reclaimed by the owner or his or her
agent, within three business days following the date of actual notice
as provided pursuant to paragraph (1), shall be subject to any
applicable fee or fine imposed pursuant to subdivision (d) or (f)
commencing on the fourth business day following the date of the
notice.
   (5) Any shopping cart not reclaimed by the owner or his or her
agent, within 30 days of receipt following the date of actual notice
as provided pursuant to paragraph (1), may be sold or disposed of in
accordance with subdivision (g).



22435.8.  This article shall not invalidate an ordinance of, or be
construed to prohibit the adoption of an ordinance by, a city,
county, or city and county, which ordinance regulates or prohibits
the removal of shopping carts or laundry carts from the premises or
parking area of a retail establishment except to the extent any
provision of such an ordinance expressly conflicts with any provision
of this article.