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ORDINANCE NO. O23-06
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING
THE GLENDALE CITY CODE, CHAPTER 21.5 (SHOPPING
CARTS) AND SETTING FORTH AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows:
SECTION 1. That the Glendale City Code Chapter 21.5 (Shopping Carts) is amended by
adding the following language and shall read as follows:
CITY CODE CHAPTER 21.5
21.5.1 - Purpose.
To the extent not preempted by state statutes, the purpose of this article is to complement
or supplement state law by adopting local regulations to ensure that measures are taken
by cart owners and businesses to prevent the removal of shopping carts from store
premises, and deter potential public safety hazards by facilitating the removal of lost,
abandoned or stolen shopping carts from public and private property.
21.5.2 - Applicability.
This article applies to:
(a) Each business owner in the city if the business provides shopping carts for customer
use at any business location; and
(b) Any person in possession of an off-site shopping cart.
21.5.3 - Definitions.
In this article, unless the context otherwise requires:
(a) "Actual notice" is defined as oral or written notice delivered to the owner of the
shopping cart or retailer at the address on their business license on file with the city by
any of the following means:
(1) Personal service upon the location of the owner of the shopping cart or retailer.
Personal service upon an employee of suitable age and discretion at such location is
sufficient.
(2) Service by first class U.S. Mail or any recognized express delivery service upon the
owner of the shopping cart or the retailer.
(3) Service by facsimile to the fax number of the owner of the shopping cart or the
retailer.
(4) Service by electronic mail to the e-mail address of the owner of the shopping cart or
the retailer.
(5) Service by posting the notice on the premises of the owner of the shopping cart or the
retailer.
(6) It shall be presumed that the address on the sales tax or business licenses on file with
the city is the address of the owner of the shopping cart or retailer, unless the owner or
retailer notifies the city in writing of a different address.
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(b) "Business of Shopping Cart retrieval." Searching for, gathering and restoring
possession to the owner or the owner's agent, for compensation or in expectation of
compensation, of shopping carts located outside the premises of a retail establishment.
(c) "Occurrence." Failure by an owner to retrieve its abandoned cart(s) within three (3)
business days after receiving notice from the city, which includes all shopping carts
impounded in accordance with this article in a one-day period.
(d) "Parking area." A parking lot or other property provided by a retailer for use by a
customer for parking any motor vehicle.
(e) "Possession." Being in physical control of the shopping cart at the time of issuance of
a citation or to permit the shopping cart to be located on property that the individual is
the lawful owner, lessee, or possessor of.
(f) "Premises." The designated premises of a retailer as set forth on the approved site
plan on file with the city, together with parking areas as defined in this chapter.
(g) "Restrictive device." Some form of electronic device, locking mechanism, mechanical
device or other device that interferes with operation and/or removal of the shopping cart
from the designated premises of the retailer.
(h) "Shopping cart." A basket that is mounted on wheels or a similar device that is
generally used in a retail establishment by a customer for the purpose of transporting
goods of any kind.
21.5.4 - Restrictive devices required; violations; penalties.
(a) New retail establishments. On or after April 1, 2023, any person, partnership,
corporation or other legal entity commencing operation of a retail establishment on any
premises within the city shall have all shopping carts, owned, leased or which they are in
lawful possession of, continuously equipped with a restrictive device that prevents their
removal from the premises. The city shall not issue a business license, nor will the
development services director or their designee shall issue a certificate of occupancy for
the premises without a certification from the owner that all shopping carts owned, leased
or which they are in lawful possession of are so equipped. The city shall charge a fee for
the certification as provided in this Code.
(b) Existing retail establishments. On or after October 1, 2023, any person, partnership,
corporation or other legal entity operating a retail establishment on any premises within
the city shall have all shopping carts, owned, leased or which they are in lawful
possession of, continuously equipped with a restrictive device that prevents their removal
from the premises. Each person, partnership, corporation or other legal entity operating
a retail establishment on October 1, 2023, shall file a certification with the development
services director or their designee that all shopping carts owned, leased or which they are
in lawful possession of are so equipped. The city shall charge a fee for the certification as
provided in this Code.
(c) Failure to equip a shopping cart with a restrictive device or file the associated
certification with the city as provided in this section shall be a civil infraction. The court
shall impose a civil sanction for each shopping cart that is not equipped with a restrictive
device. Each failure to equip a shopping cart with a restrictive device shall be deemed a
separate violation of this section. It shall be presumed that all persons, partnerships,
corporation of legal entities having control of shopping carts are subject to the provisions
of this section. The burden of rebutting this presumption by compliance with the
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alternative contained in subsection (d) of this section shall be on the legal entity having
control of shopping carts.
(d) As an alternative to subsections (b) and (c) of this section, any person, partnership,
corporation or other legal entity operating a retail establishment within the city on or
before April 1, 2023, or any entity that begins operating in an existing building or suite
shall enter into a contract with a shopping cart retrieval service that complies with the
provisions of section 21.5.7 to recover shopping carts unlawfully removed from the
premises of the retail establishment. In order to comply with this alternative, the contract
shall meet all of the following:
(1) The contract must be in writing. A copy of the contract shall be filed annually with
the city. If the retail establishment terminates an existing contract and enters into a new
contract, the new contract must be filed with the city within thirty (30) days following
entry into the contract.
(2) The contract with the shopping cart retrieval service must remain continuously in
place. If the retail establishment does not have a contract that meets the requirements of
this subsection for more than thirty (30) consecutive days, it shall immediately comply
with the provisions of subsection (a) of this section if it is an existing retail establishment
as of October 1, 2023; or it shall immediately comply with subsection (b) if it is a newly
commencing retail establishment on or after April 1, 2023. Failure to maintain a contract
with a shopping cart retrieval service for more than thirty (30) consecutive days after
October 1, 2023, shall require the retail establishment to install restrictive devices upon
all shopping carts.
(3) The retail establishment shall pay an annual fee as established by a city council
resolution, which shall be used to cover the city's costs in administrating this provision
and removing any carts under the control of the retail establishment from any place
within the city.
(4) The retailer shall continuously meet the requirements of section 21.5.5 of this Code
and have the name and phone number of the cart retrieval service attached to all the
carts.
(5) The retail establishment shall be required to file the annual certificate of compliance
with the development services director or their designee and shall attach all required
documents to indicate compliance with this subsection.
(6) In the event that one hundred fifty (150) shopping carts, under the control of a retail
establishment contracted with a cart retrieval service pursuant to this subsection (d),
were logged as being collected, deposited, and impounded with the city within one (1)
calendar year within a two (2) consecutive year running period, the development services
department or designee may prohibit use of this alternative and order the retail
establishment to comply with the provisions of the applicable subsection (a) or (b) of this
section.
21.5.5 - Public notice and identifying information requirements; violations.
(a)
Each owner of a shopping cart or retailer shall post a notice in English and Spanish
in the following format in a location on their premises reasonably accessible to the public
as follows:
NOTICE: REMOVAL OF SHOPPING CARTS FROM THE PREMISES AND
PARKING LOT OF THIS ESTABLISHMENT IS ILLEGAL AND VIOLATIONS
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MAY BE CHARGED AS CRIMINAL OFFENSE.
(b) Each owner of a shopping cart or retailer shall place on each shopping cart in their
control identifying information that contains the following:
(1) Name of their business, address and telephone number;
(2) Notice to the public that the unauthorized removal of the cart from the premises of
the business establishment, or the unauthorized possession of the shopping cart, is a
violation of state laws and a violation of city ordinance.
(c) On or after April 1, 2023, an owner of a shopping cart or retailer who certifies to the
city that all of their shopping carts are equipped with a restrictive device to make the
carts immobile if removed from the premises shall be exempt from subsections (a) and
(b).
(d) Violation of this subsection (a) of this section shall be enforced by a civil penalty.
21.5.6 - Prohibitions; activities; applicability; consent; presumption; violations.
(a) It is unlawful for any person to do any of the following, if a Shopping Cart has
permanently affixed identifying information pursuant to section 21.5.5(b):
(1) Remove a shopping cart from the premises or parking area of a retail establishment;
(2) Be in possession of any shopping cart that has been removed from the premises or
parking area of a retail establishment;
(3) Be in possession of any shopping cart with the serial numbers removed, obliterated or
altered;
(4) Leave or abandon a shopping cart at a location other than the premises or parking
area of the retail establishment;
(5) Alter, convert or tamper with a shopping cart, remove any part or portion of a
shopping cart or remove, obliterate or alter serial numbers on a shopping cart, or
obliterate or alter the name of the owner or remove, obliterate or alter any restrictive
device that the shopping cart is equipped with;
(6) Be in possession of any shopping cart while that cart is not located on the premises or
parking lot of a retail establishment.
(b) An owner of a shopping cart or retailer shall only give consent in writing to the
removal of a shopping cart from the premises or parking lot of their establishment. It
shall be presumed as a matter of law that any person not having written consent other
than the owner of the cart or the retailer, in possession of a shopping cart located outside
the premises of the owner or retailer has temporarily or permanently deprived the owner
or retailer of possession of the shopping cart.
(c) This section does not apply to:
(1) The owner of a shopping cart or to a retailer or a retailer's agents, or employees.
(2) A customer of a retail establishment who has written consent from the owner of a
shopping cart or a retailer to be in possession of the shopping cart or to remove the
shopping cart from the premises or the parking area of the retail establishment.
(3) An employee of the city designated to retrieve shopping carts.
(d) Violation of subsection (a) of this section is a class three (3) misdemeanor.
21.5.6 - Impoundment of shopping carts by the city; conditions; emergencies; costs; fines;
disposal of unclaimed shopping carts; applicability.
(a) A shopping cart that does not have any identification affixed to in accordance with
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A.R.S. § 44-1799.32 or section 21.5.5 of this Code is deemed a public nuisance and may
be immediately and summarily abated by impoundment by the city. The city shall
publish a notice one (1) time describing such carts in a newspaper of general circulation
in the city. A shopping cart that is not reclaimed from the city within fifteen (15) days
following publication of the notice of impound may be sold or otherwise disposed of by
the city in the city's sole discretion.
(b) A shopping cart that has a sign affixed to it in accordance with A.R.S. § 44-1799.32 or
section 21.5.5 of this code may be impounded by the city provided all of the following
conditions are met:
(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 multi-store
complex or shopping center includes the parking area used by the complex or center.
(2) The shopping cart is not retrieved within three (3) business days after the date the
owner of the shopping cart, or the owner's agent, receives actual notice from the city of
the shopping cart's discovery and location.
(c) If the location of the shopping cart will impede emergency services, obstruct vehicle
traffic or create a safety hazard to the public on a public right-of-way, the city may
immediately retrieve the shopping cart from public or private property. It shall be
presumed that a shopping cart blocking a sidewalk or bicycle path is a safety hazard to
the public.
(d) The city shall post on its website, the address and telephone number of the location
where shopping carts will be impounded by the city and the hours that the location is
open for business.
(e) The owner of a shopping cart or retailer shall retrieve the impounded shopping cart
within one (1) business day after receiving notice. The owner of a shopping cart or
retailer who has had more than three (3) occurrences of shopping carts being impounded
and failing to retrieve the shopping cart within one (1) business day after receiving
notice, within a six-month period shall be charged a civil penalty as set forth in the City
Code, in addition to the impound fees. An occurrence includes all shopping carts
impounded in accordance with this section in a one-day period.
(f) The city shall recover its costs for impounding a shopping cart in an amount
established by a city council resolution.
(g) A shopping cart, with affixed identification in accordance with A.R.S. § 44-1799.32 or
section 21.5.5 of this Code, that is not reclaimed from the city within thirty (30) days
after receipt of a notice of the impound by the owner of the shopping cart may be sold or
otherwise disposed of by the city in the city's sole discretion.
(h) Notwithstanding subsection (b)(2) of this section, the city may impound a shopping
cart that otherwise meets the criteria prescribed in subsection (b)(1) of this section
without complying with the three-day advance notice requirement if all of the following
apply:
(1) The owner of the shopping cart or the owner's agent is provided with actual notice
within twenty-four (24) hours after the impound and that notice informs the owner or
the owner's agent of the location where the shopping cart may be claimed.
(2) The shopping cart is impounded at a location in compliance with subsection (d) of this
section.
(3) The shopping cart is reclaimed by the owner or the owner's agent within three (3)
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business days after the date of actual notice as provided in paragraph (1) of this
subsection and is released and surrendered to the owner or agent at no charge, including
the waiver of any impound and storage fees or fines that would otherwise apply pursuant
to subsection (e) or (f) of this section. Any cart reclaimed within the three-business-day
period is not deemed an occurrence for purposes of subsection (e) of this section.
(i) Any shopping cart not reclaimed by the owner or the owner's agent after three (3)
business days after the date of actual notice as provided in subsections (b) and (h) of this
section is subject to any applicable fee or fine imposed pursuant to subsection (e) or (f) of
this section commencing on the fourth (4th) business day after the date of the notice.
(j) Any shopping cart not reclaimed by the owner or the owner's agent within thirty (30)
days after the date of actual notice as provided by subsection (h)(1) of this section may be
sold or disposed of in accordance with subsection (g) of this section.
(k) On or after April 1, 2023, any owner of a shopping cart or retailer who has certified
to the city that all of their shopping carts are equipped with a restrictive device to
prevent removal from the premises of the owner or retailer shall be exempt from being
charged any collection or impound fees for any carts collected by the city.
21.5.7 - Retrieval by the city; shopping cart retrieval service; records; identification sign.
(a) Any owner of a shopping cart or retailer located in the City of Glendale, Arizona, is
deemed upon having applied for a sales tax or business license with the city to have
granted consent to the city to retrieve and be in possession of the shopping carts in
accordance with the provisions of this chapter.
(b) A person, other than the city who engages in the business of shopping cart retrieval
shall retain records showing written authorization from the cart's owner, or an agent of
the owner, to retrieve the cart and to be in possession of the carts retrieved.
(c) A copy of the record showing written authorization shall be maintained in each
vehicle used for shopping cart retrieval.
(d) Each vehicle, other than those in the possession of the city used for the retrieval of
shopping carts shall display a sign that clearly identifies the retrieval service.
21.5.8 - Violation; classification; applicability.
(a) Unless otherwise specified, a person who violates any provision of sections 21.5.1
through 21.5.7 is guilty of a class 3 misdemeanor.
(b) Sections 21.5.1 through 21.5.7 are not intended to preclude the application of any
other laws relating to prosecution for a criminal offense.
(Signatures on the following
page)
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PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of
Glendale, Maricopa County, Arizona, this 28th day of February 2023.
Mayor Jerry P. Weiers
ATTEST:
Julie K. Bower, City Clerk (SEAL)
APPROVED AS TO FORM:
Michael D. Bailey, City Attorney
REVIEWED BY:
Kevin R. Phelps, City Manager