Eureka adopts amended abandoned-cart ordinance after debate over fees and fairness

The council adopted amendments to the abandoned and derelict shopping cart ordinance to allow the city to charge fees whether the cart is disposed of or returned to the business and to return recovered carts to businesses rather than disposing of them. City Attorney Black advised that fees must reflect cost recovery and cannot be structured to generate revenue or discriminate by business size. He suggested a neutral threshold approach (for example, not charging for the first several cart recoveries and charging only for recoveries above that number) as a legally defensible path.

Councilmembers expressed concerns about the effect on small businesses that might be repeatedly victimized by theft or abandonment of carts, and whether taxpayers would effectively subsidize businesses if the city absorbed recovery costs. Councilmember Contreras Deloche said small businesses face rising pressures and worried that charging them could be inequitable; Councilmember Castellano and others argued returning carts to businesses reduces disposal costs and waste.

After extended discussion about thresholds, staffing and enforcement, the council voted to adopt the ordinance amendment. The motion passed on a recorded vote; Councilmember Fernandez and Councilmember Contreras Deloche recorded votes in opposition. Staff said that once implementation begins, the city will track recoveries and report back to council with data to inform any future fee adjustments.