§ 4-16.102. Definitions.

(a)

Abandoned, Lost or Stolen Shopping Cart. Any cart either removed from a business establishment's premises without written permission of the owner and located on either public or private property or left unattended, discarded or abandoned upon any private or public property other than the premises of the business establishment from which such shopping cart was removed, regardless of whether the shopping cart was removed with permission or consent of the owner.

(b)

Business Establishment. Any business location within the City of Modesto that offers or provides shopping carts for its customers. This includes any business advertised or operated as a retail or wholesale business, a business with multiple outlets regardless of whether such business is open to the general public, or in a private club or business, or is a membership store.

(c)

Shopping Cart Retrieval Business. A business that searches for, gathers, collects, retrieves and restores possession to the owner, or an agent thereof, for compensation or in expectation of compensation of shopping carts located anywhere outside the premises or parking area of a business establishment.

(d)

Owner. Any person or entity, including manager or designated agent, who in connection with the conduct of a business, makes shopping carts available to customers.

(e)

Parking Area. A parking lot or other property provided by a business establishment for use by a customer for parking an automobile or other vehicle.

(f)

Premises. The entire area owned, occupied, rented, leased, or utilized by an owner, including any parking lot, areas or other property areas provided by or on behalf of an owner for customer parking or use.

(g)

Shopping Cart. A basket which is mounted on wheels or a similar device generally used in a business establishment by a customer for the purpose of transporting goods of any kind. This includes, but is not limited to, laundry, grocery or shopping carts.

(h)

Unmarked Cart. Shall mean any cart as defined by this chapter that is not identified and marked pursuant to California Business and Professions Code Section 22435.1 and this chapter.

(Ord. 3486-C.S., § 1, effective 6-5-08)