Background
Many retail establishments in the San Jacinto Valley provide shopping carts for the convenience of customers while shopping on the premise of such businesses. However, shopping carts removed from the business premises and left abandoned on public or private property are a public nuisance and an eyesore that hurt our neighborhoods. They can be dangerous, and tend to attract litter and more carts. It depreciates our property values and causes blighting conditions in the community. Moreso the cost of lost shopping carts are passed on to the consumer in terms of higher prices on basic commodities like food.
Shopping carts removed from businesses premises or even possessing a cart without the store’s permission – is illegal and subject to a substantial fine. That is why the Green Coalition of San Jacinto Valley is working with the City of Hemet and shopping cart owners to find a reasonable solution to this menacing problem. Currently, the Green Coalition I seeking funding so we can buy portable shopping carts for distribution to low income seniors. Please send your donation to the Green Coalition address in this website
Q&A for Residents
How is Green Coalition working with cities and shopping cart owners?
The Green Coalition has been very active regarding this issue, and organized a forum on August 19, 2010 inviting managers of retail establishments, the City staff, and members of their organization to attend and discuss potential solutions. At the meeting, some of the grocery store representatives indicated that they already contracted with a cart retrieval service, but that there were many stores that didn't, or the retrieval service did not come to the area frequently enough to address the problem . We received feedback on a proposed ordinance. The existing ordinance must be enhanced to mitigate the growing problem.
How do shopping carts get abandoned, anyway?
People think that there is nothing wrong when they take shopping carts away from the business premises, take them home or leave them on other people’s properties. People should know however, that removing carts from a store’s premise – or even possessing a cart without the store’s permission – is an unlawful act. Shopping carts are private property much like your purse, car or bike. So why would you think anyone should feel free to take them from you?
What can I do if I see an abandoned cart?
Most of these stores want their shopping carts back! Call the store that owns the cart and request that the cart be retrieved. A partial list of San Jacinto Valley stores is also available HERE. You can also call the Shopping Cart Hotline: 800-252-4613 for abandoned shopping carts located within Hemet City Limits.
Why should I report an abandoned shopping cart?
Abandoned shopping carts are an eyesore in the community and they present a danger to children who do not understand the consequences of “playing” with shopping carts. If a shopping cart is left abandoned within your residential or business premises and someone gets hurt, YOU MAY BE LIABLE!
What should stores do?
Stores are required to employ all reasonable means to ensure that carts remain on their property, including physical barriers, security personnel, and especially signs to let customers know that taking carts is illegal. Stores must retrieve their own carts when asked to do so.
How long does the store have to retrieve the cart?
The store has twenty-four (24) hours to retrieve the cart. If the cart is not retrieved within this time period, please contact the California Shopping Cart Retrieval Corporation at (800) 252-4613 or the Hemet Shopping Cart Hotline (800)-252-4613
What can residents do?
DON’T BE PART OF THE PROBLEM. Recognize the damage abandoned shopping carts does to the safety and image of our community. Find an alternative like a personal shopping cart that cost about $10.00, they are light and easy to store. You can also buy an old luggage with wheels, or buy a similar shopping cart. Avoid fines and embarrassment!
Where can I purchase my own cart?
Personal carts are becoming very popular and can be purchased at a variety of local stores or online by typing “portable shopping carts” into your web browser.
If you see an abandoned cart, the first step is to call the store that owns the cart and request that the cart be retrieved. Click here for the contact information for many Hemet stores
Q&A for Shopping Cart Owners
Did you know?
That according to Hemet City Ordinance Chapter 30 Division 3, you are responsible for containing all of your shopping carts on your business premises at all times. Any time any of your shopping carts are found off your business premises, you are in violation of this ordinance. If your store is in the City of San Jacinto, a shopping cart that has a sign affixed to it in accordance with Section 8.48.040 may be impounded by the city manager
What is considered my business premises?
Your business premises include where you do business, adjacent walkways, any loading areas and the parking lot. If your business is in a multi-store complex or shopping center, your parking lot includes the entire parking area used by the complex.
What happens if a cart is taken off the store’s premises?
Your business is required to have an on-site cart containment program. If a City Code Enforcement Officer notices one of your carts off your business property, you may be cited for being in violation of the City’s shopping cart ordinance. In San Jacinto the city manager is authorized to immediately retrieve the shopping cart from public or private property.
What is a cart containment and retrieval plan?
In Hemet, every Owner who provides shopping carts to customers for use on the premises of any retail establishment shall develop, implement and comply with the provisions of a written plan approved by the City of Hemet to prevent customers from removing shopping carts from the premises of such business without authorization of the Owner and to provide for the retrieval of removed or abandoned shopping carts which have been removed from the premises of the retail establishment, and shall demonstrate compliance with all other purposes and provisions of ordinance. The Plan, at a minimum, shall include the following elements:
a) Owner Information.
b) Cart Inventory.
c) Signs affixed to carts.
d) Notice to customers.
e) Prevention measures.
f) New Development Requirements.
g) Mandatory Cart Retrieval Operations.
h) Employee training.
i) Daily cart confinement.
j) Collaboration with other businesses.
San Jacinto does not require a cart containment plan, however, the city enforces its ordinances stringently.
Can I be exempt from having a cart containment and retrieval plan?
Yes. The requirements of the Hemet ordinance shall not apply to any retail establishment which provides a total of ten or less shopping carts for use by customers of such business
What if I fail to submit or implement an approved cart containment and retrieval plan?
Any Owner that fails to submit a Plan, implement the proposed Plan measures, or implement any required modifications to the Plan by the City within the time frames shall be subject to enforcement proceedings, penalties and fines ranging from $100-$500/day
Can I contract with cart retrieval service?
If a business owner contracts with a cart retrieval service, the retrieval service must be a City licensed and approved service, and shall not place limits on daily loads or days per week to retrieve carts within the City. The retrieval service must actively locate shopping carts within a one-mile radius of the business, and respond to complaints from the public within twenty-four (24) hours. The City of Hemet has a list of available cart retrieval contractors. Call (951)765-2300
Can I give my customers permission to take carts off the premises?
Yes. Your customers may take shopping carts off the premises with your written consent. Remember, though, it is still your responsibility to retrieve the cart, and you can be cited if you neglect to do so.
What if I need to have a cart repaired?
No written authorization is needed if the cart is removed for the purpose of repair or maintenance.
Do I need to post signs?
Yes. Signs provided in both English and Spanish shall be placed and maintained on the premises near all customer entrances and exits and throughout the premises, including the cart storage areas, warning customers that removal of shopping carts from the premises is prohibited by state law and Hemet Municipal Code section 30-154 .You must also list a local or toll-free telephone number for cart retrieval
Do I need to label my carts?
All shopping carts used in the city shall be properly identified by the owner with a sign permanently affixed to it that identifies the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment is prohibited by state law
What is a cart identification sign?
A cart identification sign is a sign or engraved surface, permanently attached to the shopping cart that has the following information:
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Business name and telephone number
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Cart identification number
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Toll-free phone number for cart retrieval
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Procedure to obtain permission to take a cart off the business premises
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Notice to the public that unauthorized removal is in violation of state law and City ordinance
What are the penalties if I am cited?
For Hemet, in addition to the fee for the service of impounding shopping carts, a fine in the amount of $50.00 is imposed upon each owner of a shopping cart for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts. An occurrence includes all shopping carts impounded in a one-day period. In the City of San Jacinto, the city is authorized to recover its actual costs, as determined by the city manager, for providing the impoundment service.
What are the prevention measures Hemet refers to?
It is a description of the specific measures that the business owner will implement to prevent removal of any cart from the business premises. Such measures may include, but are not limited to, electronic or other disabling devices on any cart so they cannot be removed from the business premises; management practices; use of courtesy clerks to accompany customers and return carts to the inside of the business premises; use of security personnel to prevent removal; security deposits for cart usage; other demonstrably effective measures acceptable to the City that are likely to prevent removal of carts from the business premises.
Are physical containment systems required for new stores that have shopping carts.?
Yes, a physical containment system is required for new construction (including additions to existing facilities) of more than 5,000 square feet.
How will I know if the City impounds one of my shopping carts?
The administrative citation you receive will also serve as notice that the City has impounded one or more of your shopping carts. If you receive a citation, you must
a. Pay the fine within 30 days from the date of the administrative citation.
b. Cease and abate the violation. If the offense is a continuing violation and the responsible c. person fails to properly cease and abate the violation, fines will accrue for each day until the abatement is properly verified.
c. At any time following 30 days after the issuance of the citation, the city may deliver a collection bill to the responsible person requiring payment for all outstanding amounts owed for the violation
How do I pay my fine?
For Hemet, you can either mail your fine using the envelope provided or pay in person at 445 E. Florida Ave, Hemet, CA 92543. Payment may be made with personal check, cashier’s check or money order payable to the City of Hemet. Please include the attached payment remittance slip and write your citation number on the check or money order.
What if I don’t pay my fine?
If you do not pay the fine and any accrued late penalties in a timely manner, the City will recognize the citation as a debt. To enforce that debt, the city may file a civil action, lien the subject property or pursue any other legal remedy to collect such debt
What if I dispute the citation?
Any person receiving an administrative citation may contest the citation by completing a request for hearing form and returning it to the city within ten business days after the issuance date of the administration citation. Any request for hearing must be accompanied by an advance deposit of the fine assessed by the citation for the initial violation.
How do I appeal the citation?
No hearing to contest an administrative citation before a hearing officer will be held until a request for hearing form has been completed and submitted, and the fine has been deposited in advance
Where do I get a Request for Hearing form?
You can get a Request for Hearing form at the Planning Department City of Hemet, located at 445 E. Florida Ave, Hemet, CA 92543.
How long do I have to submit an appeal?
Ten business days after the issuance date of the administration citation
How will I be notified of the hearing date?
At least ten days prior to the hearing, the city must provide the recipient of an administrative citation with copies of the citation, reports and other documents to be submitted to the hearing officer..
How soon can I expect a hearing date?
The city clerk shall set a hearing before a hearing officer on a date that is not less than 15 and not more than 60 days from the date that the request for hearing is filed
What can I expect at the appeal hearing?
The only evidence the hearing officer will consider is:
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Whether you are responsible for the cart that was cited
or
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Whether there was an actual violation of the shopping cart ordinance
What if I fail to appear at my hearing?
If you fail to appear at the hearing, you will forfeit your fine and lose your future right to administrative remedies. The order of the citation will become the final determination.
How will I be notified of the decision?
By certified mail. The hearing officer must issue a written decision within five business days after the hearing to uphold or deny the administrative citation and must list in the decision the reasons for that decision.
What if my appeal is denied?
If the hearing officer determines that the administrative citation should be upheld, then any applicable fine amount on deposit with the city will be retained by the city.
What if my appeal is granted?
If the hearing officer determines that the administrative citation should be canceled or reduced because of an error in calculating the fine, the city will promptly refund the applicable amount of the deposited fine
If my appeal is denied, do I have any other options?
Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Riverside County Superior Court in accordance with the timelines and provisions set forth in California Government Code § 53069.4.
Who can I contact if I have questions?
If you have any further questions, you may contact the Planning Department, City of Hemet located at 445 E. Florida Ave, Hemet, CA 92543. (951)765-2300
Hemet Stores Contact Information
Store Name Phone Address City/State Zip Code
Big Lots 951-929-7828 2093 E. Florida Ave. Hemet, CA. 92544
CVS 951-766-5699 110 E. Stetson Ave. Hemet, CA. 92543
CVS 951-652-0758 3055 W. Florida Ave. Hemet, CA. 92545
CVS 951-658-2348 1003 E. Devonshire Ave. Hemet, CA. 92545
Dollar Tree Store 951-766-5143 1420 E. Florida Ave. Hemet, CA. 92544
Dollar Tree Store 951-652-1252 1167 S. Sanderson Ave. Hemet, CA. 92545
El Toro Market 951-766-4300 311 S. State St. Hemet, CA. 92543
Fresh & Easy Market 951-765--1284 1709 W. Florida Ave. Hemet, CA. 92545
Grocery Outlet 951- 766-8819 1470 E. Florida Ave. Hemet, CA. 92544
K-Mart 951-925-7741 220 W. Stetson Ave. Hemet, CA. 92543
Rite Aid 951-925-1651 42021 E. Florida Ave. Hemet, CA. 92544
Rite Aid 951-658-3418 260 N. Sanderson Ave. Hemet, CA. 92545
Save-A-Lot 951- 765-1152 2259 E. Florida Ave. Hemet, CA. 92544
Smart & Final 951- 658-4791 2525 W. Florida Ave. Hemet, CA. 92545
Stater Brothers
Market 951-927-8555 43396 Florida Ave. Hemet, CA. 92543
Stater Brothers
Market 951-652-2388 41849 Florida Ave. Hemet, CA. 92543
Stater Brothers
Market 951-658-1830 3200 W. Florida Ave. Hemet, CA. 92543
Stater Brothers
Market 951-925-5545 210 E. Stetson Ave. Hemet, CA. 92543
Target 951-652-9585 3527 W. Florida Ave. Hemet, CA. 92545
Von's 951-658-0111 3125 W. Florida Ave. Hemet, CA. 92545
Walgreen 951-652-5776 1311 E. Florida Ave. Hemet, CA. 92544
Walgreen 951- 929-5351 1661 W. Florida Ave. Hemet, CA. 92543
Walgreen 951-929-0379 1101 S. Sanderson Ave. Hemet, CA. 92545
Wal-Mart 951-766-1164 1231 S. Sanderson Ave. Hemet, CA. 92545
99 Cent Store 951-765-0135 3385 W. Florida Ave. Hemet, CA. 92545
Lowes 951-492-7000 350 S. Sanderson Ave Hemet, CA. 92545
Home Dept 951-929-9742 3400 W. Florida Ave Hemet, CA. 92544
Henry's 951-766-6746 1295 S. State St Hemet, CA. 92543
Michael's 951-925-6635 2981 W. Florida Hemet, CA. 92545
Ross 951-929-8085 3001 W. Florida Ave Hemet, CA. 92545
Petco 951- 652-3437 2545 W. Florida Ave Hemet, CA. 92545
Megaliquor
Warehouse 951-652-6575 347 S. State St Hemet, CA. 92543
Petsmart 951-925-8400 2771 W. Florida Ave Hemet, CA. 92545
