Verordnungen zum Thema Einkaufswagen

Costa Mesa, CA

Costa Mesa, CA
TITLE 15, CHAPTER I, ARTICLE 1. SHOPPING CART REGULATIONS
Section 15-15: Declaration of a public nuisance.
a) Many retail establishments provide shopping carts for the convenience of customers while shopping on the premises of such businesses. However, shopping carts removed from the premises of such businesses and left abandoned on public or private property throughout the city constitute a public nuisance and a potential hazard to the health and safety of the public. The proliferation of lost, stolen or abandoned shopping carts on public and private property causes blighting conditions in the community, results in the obstruction of free access to public and private sidewalks, streets, parking lots and other ways, interferes with pedestrian and vehicular traffic on public and private streets and impedes emergency services. For the aforesaid reasons, such lost, stolen or abandoned shopping carts are declared to be a public nuisance which shall be subject to abatement in the manner set forth in this article or in any other manner provided by law.
Section 15-15.1: Enforcement.
a) The chief of code enforcement shall oversee the implementation, administration and enforcement of this article, subject to oversight by the city manager or his designee.
Section 15-16: Mandatory containment system and plan.
a) It shall be unlawful for any person owning a retail establishment located in the city where fifteen (15) or more shopping carts are available for customer use not to install and maintain an effective containment system for shopping carts, as described herein, to contain all shopping carts within the property boundaries of the business or adjacent parking area.
b) Containment plan.
1) Existing businesses. Within sixty (60) days of the effective date of this article, the owner of every retail establishment in the city that utilizes fifteen (15) or more carts shall submit a written plan to the chief of code enforcement for review and approval, setting forth the physical measures it plans to implement to comply with the requirements of this article.
2) New retail establishments. Every new retail establishment, and any existing retail establishment relocating to a different location in the city that, utilizes fifteen (15) or more shopping carts shall submit a written plan to the chief of code enforcement for review and approval setting forth the physical measures it plans to implement to comply with the requirements of this article.
3) No business license shall be issued or renewed for any retail establishment, until it has a containment plan which has been approved by the city.
4) Plans shall be submitted and reviewed for compliance in accordance with section 15-18.
c) Containment system. Owners of every retail establishment in the city that utilizes fifteen (15) or more shopping carts shall install, implement and maintain, one or more of the following physical measures to prevent the removal of shopping carts from their premises no later than December 18, 2009:
1) Disabling devices on the wheels of every shopping cart owned by the retail establishment, or provided for use by its customers. The disabling device shall be activated when the shopping cart crosses a barrier at the perimeter of the premises; or
2) Physical barriers located at doors, around loading areas or other defined perimeters of the retail establishment, that will prevent the passage of carts beyond the barriers. The barriers may also be placed on the carts themselves so that the carts cannot pass through door openings or other defined perimeters.
d) Waiver. In lieu of installing an effective containment system, the owner of aretail establishment may obtain a waiver from the chief of code enforcement in satisfaction of this subdivision if the store maintains its own cart retrieval program that has been certified as effective by the chief of code enforcement. The chief of code enforcement will evaluate such programs according to a standard established by city council resolution in order to ensure that cart retrieval programs achieve the goals of this article.
e) Containment/Retrieval pending installation of approved containmentplan/system. Pending installation of an effective approved containment system as set forth in subsection (b) of this section or the granting of a waiver under subsection (c) of this section, the owner of a retail establishment with fifteen (15) or more shopping carts shall participate in the city's shopping cart nuisance abatement program, by executing a cost-sharing agreement with the city and by paying all fees owed under this program. Any owner of a retail establishment with fifteen (15) or more shopping carts who does not participate in the city's shopping cart nuisance abatement program pending installation of an effective and approved containment system pursuant to this article shall be subject to having its lost, stolen or abandoned carts impounded in accordance with section 15-22.
Section 15-17: Additional measures.
a) In addition to installing physical measures to prevent the removal of carts from the premises, every retail establishment that provides fifteen (15) or more shopping carts for use by its customers on the premises shall also comply with the following requirements:
1) Signs affixed to carts. Every shopping cart made available for use by customers shall be an identified cart as defined in this article, with permanently affixed sign(s) meeting the requirements of Business and Professions Code Section 22435.1.
2) Notice to customers. Written notice shall be provided to customers, in English and Spanish, that removal of shopping carts from the premises is prohibited by state law. Such notice may be provided in the form of flyers distributed on the premises, warnings printed on shopping bags, direct mail, web site notices or any other means demonstrated to be effective. In addition, conspicuous signs shall be placed and maintained on the premises near all customer entrances and exits and throughout the premises, including the parking area, warning customers that removal of shopping carts from the premises is prohibited by state law.
3) Daily cart confinement. All shopping carts located on the premises of the retail establishment (other than an establishment open for business twenty-four (24) hours per day) shall be collected at the end of each business day by employees of the retail establishment and shall be collectively confined in a secure manner in the cart confinement area, as designated in the approved cart containment plan, until the commencement of the next business day. All shopping carts located on the premises of any retail establishment open for business twenty-four (24) hours per day, other than carts then currently in use by a customer or patron, shall be collected by employees of the retail establishment and returned to the cart confinement area, as designated in approved cart containment plan, at least once per calendar day between the hours of 9:00 p.m. and 12:00 midnight on each day the retail establishment is open for business. The provisions of this subsection shall not apply to any shopping carts located within an enclosed building.
4) Employee training. The owner of the retail establishment shall implement and maintain a periodic training program for its new and existing employees, designed to educate such employees concerning the requirements of this article and the provisions of state law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment.
5) Collaboration with other businesses. Two or more retail establishments located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single cart containment plan.
Section 15-18: Plan submission, review and approval.
a) Containment plans shall be submitted to the city's chief of code enforcement. The plan shall explain in detail how the retail establishment intends to comply with the requirements of this article, including in particular sections 15-16 and 15-17.
b) Upon the filing of a proposed containment plan the chief of code enforcement shall review the plan for compliance with each applicable requirement of this article, and shall either approve or deny the plan within thirty (30) calendar days of its receipt. The decision shall be made in writing, and notice thereof shall be transmitted to the owner of the retail establishment within fifteen (15) calendar days pursuant to the provisions of section 15-20. If the proposed plan is denied, the notice of decision shall state the grounds upon which the proposed plan was denied.
c) The decision of the chief of code enforcement shall be subject to appeal by the owner within the time and manner specified in section 15-19. In the absence of a timely appeal, the decision of the chief of code enforcement shall be final and conclusive.
Section 15-18.1: Plan amendments.
a) The owner of any retail establishment which has an approved plan conforming to the requirements of this article, may, at any time, submit a proposed amendment to the approved plan which amendment shall be processed in accordance with the procedure provided for a proposed plan as set forth above in section 15-18.
Section 15-18.2: Revocations.
a) Grounds. An approved containment plan may be revoked by the city upon any of the following grounds:
1) The owner of any retail establishment is operating, or is permitting operation of, the retail establishment in violation of one or more of the provisions of the approved plan, and has failed to correct the violation(s) for a period of at least fifteen (15) calendar days following the date of receipt of written notice of such violation(s) from the city; or
2) The owner of a retail establishment with an approved plan is operating, or is permitting the operation of the retail establishment, in violation of one or more of the requirements of this article, and has failed to correct the violation(s) for a period of at least fifteen (15) calendar days following the date of receipt of written notice of such violation(s) from the city; or
3) The mandatory cart containment plan, as approved, is inadequate to reasonably prevent the removal of shopping carts from the premises of the retail establishment.
b) Order to show cause. If at any time following the approval of a plan the chief of code enforcement obtains information or evidence that any of the grounds for revocation in section 15-18.2(a) may exist, the chief of code enforcement shall issue a written order to the owner of the retail establishment to show cause as to why the approved plan should not be revoked. The chief of code enforcement shall schedule a hearing thereon, which hearing shall not be less than fifteen (15) calendar days nor more than thirty (30) calendar days following the date such order to show cause is provided to the owner of the retail establishment. The order shall identify the date, time and place for the hearing. The order shall state the grounds upon which it is proposed to revoke the approved plan, and shall include the information and evidence, or a summary thereof, upon which such order was issued.
c) Notice. The order to show cause shall be delivered pursuant to the requirements of section 15-20 of this article.
d) Conduct of hearing. The hearing shall be conducted informally and the formal rules of evidence shall not be applicable. The owner and the city shall each have the opportunity to present relevant evidence and witnesses. The parties may each be represented by legal counsel or other representatives of their choice. The city shall bear the burden of proof to establish, by a preponderance of the evidence, that grounds exist to revoke the plan. The chief of code enforcement, at his or her discretion, and as an alternative to revocation, may consider amendment of the plan if the grounds for the order to show cause are solely the inadequacy of the approved plan.
e) Decision of chief of code enforcement. Within fifteen (15) calendar days following conclusion of the hearing, the chief of code enforcement shall render his or her decision in writing either dismissing the proceedings, revoking the plan, or amending the plan. If the plan is revoked or amended, the decision shall specify the findings of fact and the reasons for such action. If the plan is amended, the decision shall also specify the details of the amendment(s) to the plan.
f) Notice of decision. Notice of the decision shall be given as provided in section 15-20.
g) Appeal of decision. The decision of the chief of code enforcement shall be subject to appeal by the owner within the time and manner specified in section 15-19 of this article. In the absence of a timely appeal, the decision of the chief of code enforcement shall be final and conclusive.
Section 15-18.3: Use of shopping carts following revocation prohibited.
a) Beginning on the date the decision to revoke the containment plan becomes final, and continuing thereafter until such time as a new containment plan is approved by the city for the affected retail establishment, the owner of the retail establishment that is the subject of the revocation shall not be permitted to provide or otherwise make available any shopping carts for use by its customers, patrons or employees.
b) Notwithstanding any other provision of this article, an owner of a retail establishment shall not be eligible to submit a new proposed plan to the city for processing for a minimum of one hundred eighty (180) days following the date the decision to revoke the prior plan becomes final. Any proposed containment plan submitted to the city for such retail establishment during the one-hundred-eighty-day (180) period shall be returned to the owner of the retail establishment as untimely.
Section 15-19: Appeals.
a) Filing of appeal. Any owner aggrieved by any adverse decision of the chief of code enforcement pursuant to this chapter may appeal such decision to the Costa Mesa Planning Commission within seven (7) calendar days following the date of giving of notice of such decision, by filing with the chief of code enforcement a written notice of appeal briefly stating the grounds for such appeal. The notice of decision shall be deemed given pursuant to section 15-20. Any such appeal shall be deemed filed on the date the appeal is actually received in the office of the chief of code enforcement, accompanied by an appeal processing fee in an amount as set by resolution of the city council. No appeal shall be accepted for filing and processing by the chief of code enforcement unless accompanied by the appeal processing fee as established by the city council.
b) Notice of hearing. If the appeal is timely filed, city staff shall cause the matter to be set for hearing before the planning commission, which hearing date shall be within thirty (30) calendar days following the date of receipt of such notice of appeal. The appellant shall be provided not less than ten (10) calendar days' written notice of the date, time and place of the hearing.
c) Conduct of hearing. The hearing shall be conducted informally and the formal rules of evidence shall not be applicable. The owner and the city shall each have the opportunity to present relevant evidence and witnesses. The parties may each be represented by legal counsel or other representatives of their choice. No additional evidence or argument shall be received or considered following the conclusion of the hearing except as may be agreed by stipulation of the parties.
d) Decision by planning commission. The planning commission shall render a decision on the appeal, and adopt findings of fact in support of such decision within thirty (30) calendar days following the conclusion of the hearing.
e) Notice of decision. The notice of decision of the planning commission shall be deemed given on the date of personal delivery or on the date of the fax transmission to the appellant; notices given by the United States Postal Service, first-class mail, postage prepaid, shall be deemed given to the appellant on the second day following the date of deposit in the U.S. Mail.
f) Decision is final. The decision of the planning commission shall be final, and may not be appealed to the city council. The decision must include notice that any legal challenge to the final decision shall be made pursuant to provisions of Code of Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within ninety (90) days following issuance of the final decision.
Section 15-20: Notices.
a) Any notice required to be made pursuant the requirements of this article shall be made in compliance with this section unless otherwise indicated. Notice may be transmitted by the United States Postal Service, first-class mail, postage prepaid, or by personal delivery or fax transmission. Notice shall be deemed given on the date of personal delivery or on the date of the fax transmission to the owner. Notices given by the United States Postal Service, first-class mail, postage prepaid, shall be deemed given on the second day following the date of deposit in the U.S. Mail.
Section 15-21: Removal of shopping carts from retail establishments prohibited.
a) It is unlawful for any person other than a cart owner or its authorized representative to remove a cart from the premises of the owner's retail establishment, unless the cart owner expressly authorizes its removal in writing.
Section 15-22: Impounding of lost, stolen or abandoned carts.
a) Identified carts. The city, or a contractor, may remove and impound any identified cart determined to be lost, stolen or abandoned from any public or private property.
1) The cart shall be marked with a tag indicating the date and location of its discovery and shall be stored for thirty (30) calendar days at a location selected by the city that is reasonably convenient to the cart's owner and is open at least six (6) hours of each business day.
2) The owner of an identified cart or his representative shall be given actual notice within twenty-four (24) hours following the impound of the cart of the location where the cart may be claimed.
b) Unidentified carts. The city, or a contractor, may remove and impound any unidentified cart determined to be lost, stolen or abandoned from any public or private property.
1) The unidentified cart shall be marked with a tag indicating the date and location of its discovery and shall be stored for thirty (30) calendar days at a location selected by the city that is reasonably convenient to the cart's owner and is open at least (6) hours of each business day.
2) If there is any reasonably credible evidence on the cart of the name and address of its owner, the owner shall be given actual notice within five (5) business days following the impound of the cart of the location where the cart may be claimed.
Section 15-23: Nuisance abatement administrative fees and fines.
a) Administrative fees. Except as provided in section 15-24 below, an administrative fee to cover the city's cost for the removal, tagging, and storage of abandoned shopping carts and associated administrative activities performed by the city may be established by resolution of the city council and imposed upon the owners of abandoned carts. Such fee shall not exceed the city's reasonable estimate of actual cost for such services.
b) Fines. In addition to the payment of an administrative fee as set forth in section 15-23A above and except as provided in section 15-24 below, the owner of an impounded cart shall also be subject to a fine in the maximum amount established by Business and Professions Code Section 22435.7(f), as may be amended from time to time. The fine for identified carts shall be based on each occurrence in excess of three (3) during any six-month period for failure to reclaim identified carts in accordance with section 15-24 below. An occurrence includes all identified carts impounded by the city, or a contractor, in a one-day period. The fine for unidentified carts shall be the samefine amount as for each occurrence set forth in this subdivision for identified carts but imposed on each unidentified cart impounded, beginning with the first unidentified cart impounded.
Section 15-24: Recovery by owner.
a) Claims to recover an impounded shopping cart shall be presented to the director of public services, or his designee, in accordance with the following:
1) A cart owner or his authorized representative, may, by appointment, inspect impounded carts to determine if any of the owner's carts are present.
2) A cart owner may reclaim an impounded cart at any time during normal business hours prior to disposal or destruction by paying all applicable administrative fees and fines, except as provided in subdivision (c) below.
3) The owner of an identified cart may reclaim it within three (3) business days following the date of actual notice of impoundment at no charge whatsoever, including the waiver of any administrative fees and fines that would otherwise be applicable pursuant to section 15-23 above. Any identified cart reclaimed by the owner or his authorized representative within the three (3) business days shall not be deemed an occurrence for purposes of section 15-23B above. Any impounded identified cart that is not reclaimed by the owner within three (3) business days following the date of actual notice of impoundment shall be subject to any applicable administrative fees and fines imposed pursuant to section 15-23 commencing on the fourth (4th) business day following the date of actual notice of impoundment.
4) No cart shall be released to a person seeking to reclaim it, unless such person submits to the city reasonably credible evidence of ownership or right to possession of the impounded cart. There shall be a presumption that an identified cart is owned by the business establishment designated on the cart.
5) Any release of a cart to a person deemed by the city to be entitled thereto, shall be an absolute defense of the city against any other person claiming to be entitled thereto.
Section 15-24.1: Disposal.
a) Any identified or unidentified cart may be sold or otherwise disposed of by the city if not reclaimed from the city within thirty (30) days of receipt of a notice of impoundment by the owner of the cart, or within thirty (30) days from the date of impoundment if no notice was required by this article. In the event an unclaimed cart remains unclaimed, is disposed of or destroyed, the city retains the right to collect any applicable fees and/or fines from the cart owner.
Section 15-24.2: Appeals of cart impound.
a) A person who can demonstrate that he or she is the owner of an impounded cart may appeal the imposition of the nuisance abatement administrative fee and/or fine by presenting evidence that the cart removal and storage was not performed substantially in accordance with the provisions of this article. Appeals shall be made in writing to the director of public services or his designee within ten (10) calendar days of the receipt of a request for an appeal. The cart owner or authorized representative shall appear and be heard on the matter. If the director of public services or his designee determines that the shopping cart was not removed and stored in substantial accordance with the provisions of this article, the nuisance abatement administrative fee and/or fine shall be refunded. The decision of the public services director or his designee shall be final.
Section 15-24.3: Penalty for violation.
a) Any violation of the provisions of this article shall be subject to section 1-33 of this Code. Each day on which a violation of any provision of this article exists shall be a new and separate violation.
b) Notwithstanding any other enforcement action allowed under this Code, the city council may prescribe the civil fine for any person owning a retail establishment who is given a civil citation for not having established an effective containment system pursuant to section 15-16, above.

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