Frustrated by the epidemic of abandoned shopping carts and the antiquated rules governing them, San Jose politicians are touting a new state law they say will help them keep the city clean and safe.
Related Articles
Wagner: San Jose’s animal shelter is broken. Only a competent leader can fix it.
San Jose: Ex-councilmember Omar Torres sentenced to 18 years for child sex conviction
San Jose focusing on resident, fan experiences with Super Bowl, March Madness and World Cup approaching
San Jose dismounts from revival of horse-mounted officers
Letters: Residents’ input crucial to expanding S.J. housing stock
Gov. Gavin Newsom has signed Sen. Dave Cortese’s bill, SB 753, which will enable governments to return carts directly to retailers and recover the costs of retrieval.
The city of San Jose and Mayor Matt Mahan had sponsored the bill, lamenting how the longstanding rules handcuffed their ability to address the thousands of shopping carts left on city streets and in its waterways.
“SB 753 will modernize an outdated state law to give local governments the tools they need to address abandoned shopping carts more efficiently,” Cortese said. “Abandoned carts are more than just an eyesore: they block sidewalks, pollute creeks, create ADA accessibility issues, and waste taxpayer dollars. This bill is a common-sense solution that benefits communities, businesses, and the environment alike.”
Before the passing of Cortese’s bill, California required a three-day window for retailers to pick up their carts without charge, which San Jose officials said inhibited its ability to recover costs.
The state also required local governments to impound carts for up to 30 days before they could sell or dispose of them. It capped fines for retailers at $50 per cart each time they retrieved more than three carts over a six-month period.
Under the new law, the state has increased the penalty limits to $100 for each occurrence.
The city has maintained an impound lot at the Mabury Service Yard, near Watson Park and Coyote Creek, but it was near capacity. City officials had warned that if the lot were full, it would need to spend additional money and manpower to set up and operate another location.
San Jose has long struggled with abandoned shopping carts, recovering around 2,000 per year on its streets, in its parks, and along its waterways.
Josh Lopez, a coordinator with the South Bay Clean Creeks Coalition, said the carts are commonly removed during events, estimating that his organization has recovered an average of between three and four carts in more than 500 cleanups.
“Over time, that adds up to thousands of shopping carts removed from the Guadalupe River and Los Gatos Creek,” Lopez said.
Over the past month, Lopez estimated that the group had pulled over 100 carts along the Guadalupe River from Julian Street to Hedding Street, with 15 carts located near the Hedding Street bridge alone.
The new state law supplements additional restrictions put in place in San Jose earlier this year by the City Council.
Previously, retailers with at least 26 carts had to submit a yearly plan on how they would retrieve and retain their carts, including what loss prevention measures they intended to deploy.
In May, the city passed new rules requiring retailers with at least 76 carts to either install theft prevention mechanisms, use security deposit devices, or enter into a cart retrieval contract that obligates proactive efforts to pick up their carts. The new ordinance still requires stores with 26 to 75 carts to submit plans, but they are not subject to the enhanced regulation.
California Grocers Association and some local retailers had panned the new rules, saying they could lead to higher grocery prices, but city officials view them as a step to improving the environment and government services.
“Every week, we spend hours pulling shopping carts out of our 140 miles of waterways — clearly, the current system isn’t working,” Mahan said in a statement. “Thanks to Sen. Cortese’s leadership and Gov. Newsom’s support, cities will have the authority to act swiftly and responsibly. SB 753 cuts through red tape, empowers local governments and encourages retailers to be part of the solution.”