BILL NUMBER: AB 1427 ENROLLED
BILL TEXT
PASSED THE SENATE MARCH 26, 1998
PASSED THE ASSEMBLY JANUARY 22, 1998
INTRODUCED BY Assembly Members Pringle, Ackerman, Baugh, Brewer,
Campbell, Morrissey, and Morrow
FEBRUARY 28, 1997
An act to amend Section 22435.7 of, and to add Section 22435.8 to,
the Business and Professions Code, relating to shopping carts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1427, Pringle. Local agencies: shopping cart retrieval.
Existing law authorizes a city, county, or city and county to
impound certain shopping carts, and requires as a condition of
impound, among other things, that the cart not have been retrieved
within 3 business days from the date the owner receives actual notice
from the city, county, or city and county, of the shopping cart's
discovery and location.
This bill would authorize a city, county, or city and county, to
impound a shopping cart without complying with the 3-day notice
subject to specified conditions. The bill would make related changes
and specifically authorize local regulation except to the extent
that it conflicts with state law.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22435.7 of the Business and Professions Code is
amended to read:
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).
SEC. 2. Section 22435.8 is added to the Business and Professions
Code, to read:
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.