Verordnungen zum Thema Einkaufswagen

Escondido, CA

Escondido, CA
ARTICLE 16: SHOPPING CART REGULATIONS
Section 17-314: Applicability.
a) This article shall apply to all shopping cart owners within the city who, in conjunction with the conduct of business, offer shopping carts for customer or public use.
(Ord. No. 2006-28, § 1, 8-9-06)
Section 17-315: Shopping cart retrieval.
a) All shopping cart owners shall secure and continuously maintain a shopping cart retrieval service, or other city-approved retrieval plan, to retrieve abandoned shopping carts belonging to the owner. All owners shall provide evidence of the service or plan as part of their cart containment plan submitted to the city pursuant to Section 17-318(e) or at any other time upon the city’s request.
(Ord. No. 2006-28, § 1, 8-9-06)
Section 17-316: Mandatory signage on premises.
a) Shopping cart owners must post a multilingual sign in a conspicuous place on their premises within two (2) feet of all customer entrances and exits which states at a minimum:
Removal of shopping carts from the premises is prohibited by law.
B & P Code Section 22435.2.
(Ord. No. 2006-28, § 1, 8-9-06)
Section 17-317: Shopping cart identification.
a) Owners shall permanently affix a sign to all shopping carts which contains the following information:
1) Identity of the owner of the shopping cart, including business name and store number if applicable;
2) A notification of the procedures for authorized removal of the shopping cart from the premises;
3) Notification that unauthorized removal of the shopping cart from the premises, or unauthorized possession, is a violation of law; and
4) A valid telephone number or address for returning the shopping cart to the owner.
(Ord. No. 2006-28, § 1, 8-9-06)
Section 17-318: Shopping cart containment plan.
a) Every shopping cart owner who provides shopping carts for customer or public use shall contain and control all shopping carts within the boundaries of the premises. Containment of shopping carts shall be achieved through the design and implementation of a city-approved shopping cart containment plan. This plan, at a minimum, shall include:
1) Identification of owner. The name, address, phone number, and store number of the business/owner. The plan must also include the address where the shopping carts are offered for use.
2) Shopping cart inventory. The total number of shopping carts maintained in or on the premises.
3) Mandatory signage. A complete description of all signs to be placed in or on the premises and the shopping carts pursuant to section 17-316 and section 17-317. These descriptions must include size, wording, and location where the signs are to be placed.
4) Shopping cart containment measures. Owners shall describe the specific measures to be implemented to prevent unauthorized removal of the shopping cart from the premises. Containment measures may include, but are not limited to, electronic disabling devices, use of physical barriers such as bollards, use of courtesy clerks to walk shopping carts out for customers and to return them to the store, requirement of a deposit for use of a shopping cart, or any other plan which is acceptable to the city and likely to prevent removal of shopping carts from the premises.
5) Shopping cart retrieval. Description and identification of the shopping cart retrieval service or city-approved retrieval plan maintained pursuant to section 17-315 of this article. If a shopping cart retrieval service is used, a copy of the valid contract must be submitted. The owner may delete information relating to the cost of the contract from the copy.
6) Other information. Any other information deemed necessary by the city to determine the adequacy of the shopping cart containment plan.
(Ord. No. 2006-28, § 1, 8-9-06)
Section 17-319: Plan approval or denial.
a) The shopping cart containment plan pursuant to section 17-318 for existing businesses must be submitted to the city within ninety (90) days after adoption of the ordinance in this article. The plan for new businesses must be submitted to the city within thirty (30) days of the issuance of a business license. Each proposed plan shall be accompanied by a processing fee in an amount as set forth by resolution of the city council. No plan will be accepted without the processing fee. The city may approve or deny a plan and must notify the owner in writing of the decision. If approved, the plan shall be implemented by the owner within thirty (30) days from the date of approval.
b) The city may deny a plan for any of the following reasons:
1) The implementation of the plan would violate a city municipal code section or any county, state, or federal law;
2) The plan fails to include all of the information required by section 17-318;
3) The plan is deemed not likely to prevent removal of shopping carts from the premises;
4) The plan omits facts, including special or unique conditions of the premises, which are required to be provided for to ensure adequacy of the plan.
c) If a plan is rejected by the city for incompleteness, or any of the reasons listed in subsections (b)(1) through (4) of this section, the city shall inform the owner in writing of the reasons for the rejection and any corrections which need to be made to the plan for it to be approved. The owner will have ten (10) days from the date of rejection to submit a corrected plan.
d) Any shopping cart owner in the city who fails to submit a complete plan, fails to implement an approved plan, fails to contract with a retrieval service or implement a city-approved retrieval plan, or fails to correct a rejected plan shall be subject to enforcement of these requirements through any means provided to the city, including civil assessments and/or criminal misdemeanor prosecution provided for in section 17-320.
e) If, at any time, the City deems the implemented plan to be ineffective, the city may revoke the implemented plan and require the owner to submit a new plan for approval or denial by the city pursuant to the provisions set forth herein. An ineffective plan shall be one which allows more than five (5) shopping carts per week to leave the premises of the owner. A week shall be measured from 12:00 a.m. Monday to the following Sunday at 11:59 p.m. The city may enforce these requirements through any means provided to the city, including civil assessments and/or criminal misdemeanor prosecution provided for in section 17-320.
f) If, at any time, the owner wants to modify a plan approved by the city, the owner shall submit the modified plan for approval or denial by the city pursuant to the provisions set forth herein.
(Ord. No. 2006-28, § 1, 8-9-06)
Section 17-320: Statistical information to be kept by owner.
a) All shopping cart owners must keep statistics regarding shopping cart use, loss, and recovery on a monthly basis. These statistics shall be provided to the city upon the city’s request.
(Ord. No. 2006-28, § 1, 8-9-06)
Section 17-321: Violations — Misdemeanor.
a) It shall be unlawful for any person to violate or fail to comply with any provisions of this article. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this article shall constitute a misdemeanor except that notwithstanding any other provisions of this article, any such violation constituting a misdemeanor under this article may, in the discretion of the city attorney having prosecutorial functions, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this article shall be punished by fine of not exceeding one thousand dollars ($1,000.00), or imprisonment not exceeding six (6) months, or by both such fine and imprisonment in the discretion of the court.
b) Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of this article is committed, continued or permitted by such person; and he or she shall be punished accordingly.
(Ord. No. 2006-28, § 1, 8-9-06)

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