Council OKs introduction of shopping cart rules

Abandoned shopping carts have been a major issue and concern within the City of Lodi. Now, the city is one step closer to rectifying this issue after the Lodi City Council unanimously approved the introduction of a new shopping cart ordinance.

“What this ordinance does is requires that the shopping carts be labeled according to state law so that we can then use state law remedies to demand that those carts be removed and taken back to the grocer,” Lodi City Manager Steve Schwabauer said.

“If a particular grocer does not comply, then we have opportunities to ratchet up the consequences to them including such remedies as requiring bollards that would make it difficult to remove them or electronic blocking devices.”

Lost and abandoned shopping carts have created a nuisance by impeding vehicle traffic, pedestrian travel, blocking ADA access, causing visual blight and burdening city resources when the city is required to collect and store the shopping carts.

The proposed ordinance seeks to fill the gaps between state and local laws and address current shortcomings in the law by requiring retailers to better manage their carts, Deputy City Attorney John Fukasawa said.

The ordinance requires retailers to ensure that shopping carts located off a business premises without consent are retrieved within 24 hours of receiving notice of a complaint.

Retailers will also be required to have a cart retrieval program in place and provide the community development direct with a plan for the retrieval of lost, stolen or abandoned carts.

Inspecting shopping carts to ensure that they are in good working order, contain proper identification signage and are sanitized prior to customer use is also a requirement of the new ordinance.

All shopping carts will have to be locked or secured when the retail establishment is not in business. Retailers will be required to label all shopping carts with permanently affixed signage complying with the California Business and Professions Code requirements and install removal warning signs at all business entrances and exits.

Schwabauer said this new ordinance is the culmination of 18 months worth of effort. City staff met with the public to address their concerns on this issue at least three times, one of which was a concerted

effort to reach the merchants to make sure they were included in the discussion, he said. At least four major merchants attended that meeting, however none of those merchants where the primary offenders of the abandoned shopping carts.

“All the ones who attended, we don’t really have significant trouble with their carts. The carts that we have the most trouble with did not attend but they were certainly reached out to,” Schwabauer said. “They were given personal letters and an opportunity to come out and speak. Interestingly enough none of grocers that did attend had any significant concerns with new ordinance.”