ORDINANCE NUMBER 2026-11
AN ORDINANCE OF THE VISALIA CITY COUNCIL AMENDING SECTION 8.70.030 AND SECTION 8.70.060 OF THE VISALIA MUNICIPAL CODE REGULATING ABANDONED SHOPPING CARTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA SECTION 1. Consistent with its control over municipal affairs as a charter city and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. The City of Council of the City of Visalia hereby makes the followings findings:
The current municipal code section sets an administrative penalty for retrieval and return of shopping carts of $50 per cart, the amount previously allowed under state law, this law, California Business and Professions Code section 22435.7, was amended in 2025 pursuant to Senate Bill 753 to allow for fines of up to $100 per cart.
Increasing the fines to $100 per cart, which may only be imposed if carts are not picked up by the business within three business days of being noticed by the city, may provide further financial incentive for the timely collection of abandoned shopping carts.
The installation of a cart containment system will reduce staff time in collection and storage of shopping carts and reduce costs for business owners in retrieving carts or risk being fined by the city.
SECTION 2. The Visalia City Council hereby approves the following revision to Visalia Municipal Code Chapter 8.70.030 and 8.70.060, which regulates Abandoned Shopping Carts within the City of Visalia, by adding the language below in italics and removing the text that is in strikeout:
8.70.030 Cart containment system required.
A. Every cart owner shall operate and maintain an on-site cart containment program as defined in Section 8.70.020. A cart owner may be exempted from this requirement if he or she provides proof of contracting with a qualified cart retrieval service and submits information Planning and Community Preservation Director or designee to the City Manager or their designee which demonstrates to the satisfaction of the Director City Manager or designee that the qualified cart retrieval service will: (i) actively locate shopping carts within the city limits of Visalia seven (7) days per week, eight (8) hours per day; and (ii) respond to complaints from the public in a manner which results in the retrieval of shopping carts within twenty-four (24) hours after receiving complaint(s).
B. A cart owner shall be required to install a physical containment system when the cart owner establishes a new facility utilizing carts for customers or when any improvements or expansions occur with a value in excess of $50,000.00.
8.70.060 Enforcement and remedies.
The city may exercise the following remedies:
Pursuant to Business and Professions Code Section 22435.7, any owner that fails to retrieve its abandoned cart(s) within three (3) business days after receiving notice from the city, shall pay the city's administrative costs for retrieving the cart(s) and providing the notification to the owner. Any owner who fails to retrieve abandoned carts in accordance with this chapter in excess of three (3) times during a specified six (6)-month period shall be subject to a fifty dollar ($50) One Hundred Dollar ($100) fine for each occurrence. An occurrence includes all carts owned by the owner that impounded by the city a one (1)-day period.
SECTION 3. The City Council intends this Ordinance to supplement, not contradict applicable state law and this Ordinance shall be construed in light of that intent.
SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 5. This Ordinance shall take effect thirty days after its adoption.
SECTION 6. The City Clerk Shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law