Title
Proposed Shopping Cart Ordinance (Ordinance G-7419) - Citywide
Description
Request City Council approval of the proposed amendment to the City Code, adding Sections 39-56 through 39-70, Article X related to Shopping Carts.
Report
Summary
In October 2024, Neighborhood Services Department staff presented to the Economic Development and Housing Subcommittee an update on the Abandoned Shopping Cart Retrieval Program (Retrieval Program) and information on what other cities are doing to reduce the abandoned shopping carts. Additionally, staff presented the framework of a possible new ordinance requiring restrictive devices to prevent the removal of shopping carts from retail premises. Subcommittee members provided feedback and requested staff meet with the retailer associations to get more data about the efficacy, or lack thereof, of locking wheel mechanisms.
Between October and March, staff held multiple meetings with representatives from the Arizona Retailers Association, Arizona Food Marketing Alliance, and Arizona Lobbying to discuss the issue and strategies to better address the problem. Staff requested data on the efficacy of locking wheel mechanisms; however, the level of data was not available for local stores. The retailer representatives did share a partial list of stores using these systems; however, they were not able to provide details about whether the systems are properly maintained.
The representatives appreciated being included in the conversation and shared some of the challenges of implementing a broad requirement for locking wheel systems over other solutions. They noted that the systems are costly to implement and maintain, and in many cases have not been able to reduce the number of carts that end up beyond retail property boundaries. They also discussed the additional challenges retailers that rent space may face in convincing their landlords of the necessity for infrastructure improvements required.
In March 2025, staff provided an update to the Economic Development and Housing Subcommittee, including additional program metrics. An analysis revealed that most retailers are either small enough, or have sufficient systems in place, to require only a minor number of carts to be collected through the program. Based on this information, staff proposed a new ordinance to better address the blight, nuisance, and public health and safety hazards associated with off-site shopping carts.
Proposed Ordinance
The proposed ordinance (Attachment A) codifies the current Retrieval Program and fees, establishes an annual shopping cart certification requirement for all retailers providing shopping carts for their customers, and requires large retailers to maintain locking wheel mechanisms on their carts or to submit a Shopping Cart Management Plan (SCMP). The SCMP will outline how they will prevent removal of carts from the premises and ensure prompt cart retrieval for the carts that are removed from the site. At a minimum, a shopping cart retrieval contract will be required under the SCMP, with weekly retrieval services as part of the cart retrieval plan plus one additional prevention measure.
Should the City continue to collect a substantial quantity of shopping carts under the Retrieval Program after the proposed City Code amendments are implemented, an SCMP will be required, if none exists, or enhancements to their existing SCMP will be required to address the amount of shopping carts that are leaving the premises. If the plan revisions fail to reduce City retrievals, a mandatory plan may be imposed with specific requirements to reduce the ongoing burden on the public resources to continue retrieving a substantial number of carts. Failure to meet certification, SCMP, or SCMP enhancement requirements, will result in revocation of the retail store's certification.
Failure to timely deliver or maintain a certification will be a violation of the City Code with the following civil penalties:
- Civil sanction of not less than $500 for a first violation.
- Civil sanction of not less than $750 for a second violation within 36 months.
- Civil sanction of not less than $1,000 for a third violation within 36 months.
Concurrence/Previous Council Action
On March 26, 2025, the Economic Development and Housing Subcommittee unanimously recommended City Council approval for a new ordinance to reduce the number of shopping carts outside retail premises by a vote of 4-0.
Department
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Neighborhood Services Department.