Title
Consideration of a Possible Shopping Cart Restrictive Device Ordinance
Description
This report provides the Economic Development and Housing Subcommittee information on what cities are doing to reduce abandoned shopping carts and seeks direction on a possible new ordinance to require restrictive devices to prevent the removal of shopping carts from retail premises.
THIS ITEM IS FOR DISCUSSION AND POSSIBLE ACTION.
Report
Summary
Abandoned shopping carts continue to be a point of frustration and blight across the City. While most retailers have shopping cart collection contracts, they fail to prevent the removal and discarding of shopping carts beyond the property bounds. In Fiscal Year (FY) 2023-24, Neighborhood Services Department (NSD) staff retrieved 7,851 abandoned shopping carts; 75 percent, or 5,923, were carts collected from retailers with an established cart retrieval contract and 25 percent, or 1,928, were retailers without a contract.
Staff researched the five largest U.S. cities (New York City, Los Angeles, Chicago, Houston, and Philadelphia) and eleven Arizona cities/towns (Avondale, Chandler, Gilbert, Glendale, Maricopa, Mesa, Peoria, Scottsdale, Surprise, Tempe and Tucson) to determine if they have an abandoned shopping cart ordinance and if locking mechanism devices are required. In summary:
- Seven cities did not have an ordinance in place (Houston, Chandler, Gilbert, Mesa, Scottsdale, Surprise and Tempe)
- Of the nine cities with an ordinance, four cities have locking mechanism requirements and require identification/signage on the carts (Avondale, Glendale, Maricopa, and Peoria); four cities impose fines and/or imprisonment to anyone convicted of removing a shopping cart from the business premises (New York City, Los Angeles, Chicago, and Philadelphia); one city imposes a $30/cart charge to the retailer (Tucson)
Since 2005, the City of Phoenix has charged for abandoned shopping carts returned to retailers by the City's contractor. Currently, the fee is $50 for retailers without their own shopping cart retrieval contract, and $25 for retailers with their own shopping cart retrieval contract. Should the City Council desire to enact a new ordinance requiring restrictive devices to prevent the removal of shopping carts from retail premises, staff recommends the new ordinance require retailers to register with NSD.
Registration would include:
- Certification that retailers have complied and a description of the restrictive device used;
- The number of carts provided or utilized by the retailer, per location;
- Any current cart retrieval contracts (if in place);
- Annual renewal.
Enforcement action could result if:
- The retailer is not registered;
- No restrictive device is installed on carts or if an installed mechanism differs from the registry description;
- The restrictive device is not working (not effective or preventing abandoned carts);
- The retailer has more carts than identified in registry.
Department
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Neighborhood Services Department.