7.52.070   UNLAWFUL ACTS.
   .010   Except as otherwise expressly provided in this chapter, it shall be unlawful for the owner of any retail establishment to provide or offer, or permit to be provided or offered, any shopping carts to customers of said retail establishment without an approved cart containment plan or cart retrieval plan as required by either Section 7.52.030 or Section 7.52.040 of this chapter; provided, however, this prohibition shall not apply to any retail establishment, or the owner thereof, which provides a total of five or less shopping carts for the use of customers of said retail establishment.
   .020   It shall be unlawful for the owner of any retail establishment to provide or offer, or permit to be provided or offered, to customers of said retail establishment any shopping cart which does not have a sign permanently affixed thereto containing all of the information specified in Section 22435.1 of the Business and Professions Code of the State of California.
   .030   Violations of either subsection .010 or .020 above committed by any person or entity shall be punishable as follows: (i) the first violation shall be punishable as a civil citation in accordance with Chapter 1.20 of this Code, (ii) the second violation of any provision of either subsection .010 or .020 above shall be punishable as an infraction in accordance with applicable provisions of the California Penal Code and Government Code, and (iii) the third and all subsequent violations of any provision of either subsection .010 or .020 above shall be punishable as a misdemeanor as set forth in Section 1.01.370 of this Code. (Ord. 6013 § 1 (part); February 7, 2006.)