Agenda Item Wording:
title
Shopping Cart Ordinance Update - Consideration of and direction on initiating potential Municipal Code updates to Visalia Municipal Code Chapter 8.70 Abandoned Shopping Carts, Citywide.
body
Agenda Date: 08/03/2026
Prepared by:
Jeff Riedmann, Code Enforcement Officer, jeff.riedmann@visalia.gov, (559) 713-4172 Tracy Robertshaw, Neighborhood Preservation Manager, tracy.robertshaw@visalia.gov, (559) 713-4187,
Paul Bernal, Planning and Community Preservation Director, paul.bernal@visalia.gov, (559) 713-4025
Department Recommendation: Staff recommends that Visalia City Council conduct a review of current processes and ordinance requirements related to Abandoned Shopping Carts (Chapter 8.70 of the Municipal Code, see Attachment 1) and consider information presented in this staff report. Based on the staff report and staff presentation, the City Council may direct staff to formulate changes related to Abandoned Shopping Carts and begin processing a Municipal Code text amendment to implement these changes.
Summary:
City staff reviewed Visalia Municipal Code Chapter 8.70 (Abandoned Shopping Carts) and recommends Chapter 8.70 be revised due to changes in state law that allow for an increase in the amount that shopping cart owners can be fined if they do not pick up their carts after being notified. Staff also recommends Chapter 8.70 be revised to require companies with shopping carts install a physical containment system when a new location is built or when a significant improvement or expansion occurs to an existing facility/shopping center that utilizes shopping carts.
Background Discussion:
In 2025 California Business and Professions Code section 22435.7 was amended per Senate Bill 753 (see Attachment 2). The amendment increased the amount a city or county can charge under cost recovery measures for the retrieval and return of shopping carts from $50 per shopping cart to $100 per shopping cart. State law requires cities and counties approve an ordinance to implement these cost recovery fees. The current municipal code lists the prior authorized cost recovery charge of $50 per shopping cart. Staff recommends this amount be increased from $50 to $100, as permitted by state law.
Staff also recommends a physical containment system be required when a new location with shopping carts is built or when an existing facility is modified or expanded to the extent that a building permit from the City is required for the modification or expansion.
The municipal code, section 8.70.020, defines a “physical containment system” for shopping carts as one of the following:
1. Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts.
2. Any other system of equipment approved by the Planning and Community Preservation Director or their designee which physically contains shopping carts on the premises.
Staff recognizes that there is a cost associated with the installation of a physical cart containment system. However, staff has found that shopping carts from businesses that have installed anti-theft systems are seldom found abandoned. During the 2025 calendar year, staff from the Neighborhood Preservation Division collected 1,630 shopping carts (see Attachment 3), and data from January 2026 through April 2026 has identified 843 shopping carts collected over this four month period. Based on this information, staff spends a significant amount of time collecting and storing shopping carts that have been taken from businesses and abandoned in the right-of-way.
Further costs are expended by city staff in maintaining the collection site and notifying business owners to retrieve carts. Businesses then have to expend funds in retrieving carts or risk be fined by the City. Considering the requirement to install physical cart containment systems, as a condition of new construction and expansion or modification of existing businesses, would work to reduce these costs and provide benefits to the community by reducing the number of abandoned carts found throughout the community.
If directed by City Council to proceed with revising the ordinance, staff will return within 45 to 60 days with the proposed ordinance changes, with specific additional terms to implement these proposed changes. Staff will also inform businesses that use shopping carts of the imminent changes to the shopping cart ordinance.
Fiscal Impact including annual maintenance and operating costs: None at this time.
Prior Council Action:
1. In 2013. Municipal Code 8.70 Abandoned Shopping Carts was approved and adopted into the Visalia Municipal Code; however, the portion related to a physical containment system for all new construction was not part of the Municipal Code update.
Alternatives: The City Council may, in lieu of the recommended motion, direct staff not to process any amendments to Visalia Municipal Code Section 8.70 Abandoned Shopping Carts.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to direct staff to begin drafting revisions to Chapter 8.70 Abandoned Shopping Carts based on the information identified in the staff report and comments received during the work session presentation.
Environmental Assessment Status: N/A.
CEQA Review: The requested action, directing staff to prepare an ordinance amendment for review, would be considered not a project under the California Environmental Quality Act (CEQA) because any proposed ordinance amendment would not cause either a direct or a reasonably foreseeable indirect physical change in the environment. Once an ordinance amendment is brought back to City Council, it will be reviewed for environmental impacts under CEQA.
Deadline for Action: N/A
Attachments:
1. Attachment 1 - Chapter 8.70 Abandoned Shopping Carts
2. Attachment 2 - Senate Bill 753
3. Attachment 3 - 2025 Shopping Cart Collection Totals
4. Attachment 4 - PowerPoint Presentation
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply.
|
☐ Economic Vitality |
☐  Organizational Excellence |
☐ Fiscal Strength |
☐  Infrastructure & Growth |
☒  Quality of Life |