Ammendment
An Ordinance of the City Council of the City of Montclair Amending Chapter 7.02 (“Definitions”) And Adding Chapter 7.28 (“Removal or Possession of Shopping Cart”) To the Montclair Municial Code
7.28.010. – Findings and Purpose
The City Council of the City of Montclair finds and declares that the accumulation of abandoned, lost, stolen, wrecked, or dismantled shopping carts on public or private property constitutes a nuisance, and creates conditions that promote blight and deterioration; negatively impact community image and property values creating a hazard to the health, safety, and general welfare of the City’s residents and community. Abandoned, lost, stolen, wrecked, and/or dismantled shopping carts also interfere with pedestrian and vehicular traffic.
B. Although the City has enacted regulations pertaining to the containment and management of shopping cars by retail owners (contained in Chapter 11 .67), the purpose of this Chapter is to supplement existing State and local laws regarding shopping carts and minimize the likelihood that shopping carts will be removed from retailers’ premises and abandoned elsewhere in the community.
7.28.020. Required Signs on Cart.
Every owner, manager, or operator of any business establishment in the City of Montclair that provides shopping carts for use by its patrons shall ensure that every shopping cart has a sign permanently affixed to the shopping cart that contains, at a minimum, the following information:
Ordinance No. 17-963
A. Identification of the owner of the cart or the name of the business establishment.
B. Notification to the public of the procedures to be utilized for authorized removal of the cart from the business premises.
C. Notification to the public that the unauthorized removal of the cart from the premises or parking area of the business establishment is a violation of State and City of Montclair law.
D. Telephone number to contact to report the location of the abandoned cart.
E. An address for returning the cart to the owner or business establishment.
7.28.030. Prohibited Removal or Possession of Abandoned Shopping Cart.
It is unlawful for any person to do any of the following acts, if a shopping cart has a permanently affixed sign as provided in Section 7.28.020, without the express written authorization of the owner of the shopping cart and/or business establishment (which authorization shall be valid for a period not to exceed 72 hours other than for shopping carts which have been removed with written permission for repair or maintenance):
A. To remove a shopping cart from the premises or parking area of any retail establishment.
B. To be in possession of any abandoned shopping cart.
C. To be in possession of any shopping cart with serial numbers removed, obliterated, or altered with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
D. To leave or abandon a shopping cart at any location (public or private) other than the premises or parking area of the retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
E. To alter, convert, or tamper with a shopping cart, or to remove any part or portion thereof, or to remove, obliterate, or alter serial numbers on a cart, with the intent to temporarily or permanently deprive the owner or retail of possession of the cart.
7.28.040. Prohibited Removal of or Tampering with Cart Containment System.
It is unlawful for any person to remove or tamper with any physical mechanism designed to contain a cart on the premises of the owner thereof (including, but not limited to, physical device designed to lock or disable the wheels of a cart) without the express written permission of the owner of the cart and/or business establishment.
7.28.060. Penalty.
Any person who violates any prov1s1on of this Chapter is guilty of a misdemeanor violation punishable in accordance with Chapter l .12 of Title l of this Code.
11.67.010 – Purpose and intent.
The accumulation of abandoned, lost, stolen, wrecked, or dismantled shopping carts on public or private property is found to create conditions that promote blight and deterioration; negatively impact community image and property values; are aesthetically detrimental; and constitute an attractive nuisance creating a hazard to the health, safety, and general welfare of residents. The accumulation of these shopping carts has the potential to interfere with pedestrian and vehicular traffic; therefore, the presence of abandoned, lost, stolen, wrecked, or dismantled shopping carts, or parts thereof, on public or private property is declared to constitute a public nuisance, which may be abated in accordance with this chapter.
The purpose of this chapter is to eliminate the detrimental effects of abandoned, lost, stolen, wrecked, or dismantled shopping carts on public or private property by setting forth regulations for containing shopping carts on the premises to which they belong and minimizing the likelihood that they will be removed from retailers’ premises and abandoned elsewhere in the community. Further, this chapter sets forth regulations encouraging the prompt retrieval of shopping carts by their owners and the impoundment and/or disposal of unclaimed shopping carts by the City.
11.67.030 – Applicability.
With respect to the cart containment provisions of this chapter, the following shall apply:
A. Every new retail establishment providing shopping carts for use by its customers and commencing business on or after April 1, 2014, shall be subject to implementing a Mandatory Cart Containment Plan and Cart Retrieval Plan as described in this chapter prior to commencing business.
B. Every existing retail establishment providing shopping carts for the use of its customers and that had not implemented a Mandatory Cart Containment Plan and Cart Retrieval Plan as described in this chapter as of January 1, 2014, shall have until January 1, 2016, to implement said plan.
11.67.040 – Responsibility of owner.
Owners of every retail establishment that offers the use of shopping carts by its customers shall develop, implement, and comply with the provisions set forth in this chapter and a written plan approved by the Director of Community Development to prevent customers from removing shopping carts from the premises of such retail establishment without authorization of the owner (“Mandatory Cart Containment Plan”). Two or more retail establishments located within the same multitenant complex or shopping center may collaborate and submit a single Mandatory Cart Containment Plan.
11.67.050 – Mandatory cart containment plan.
Every owner who provides shopping carts for customers to use on the premises of any retail establishment shall develop, implement, and comply with the provisions of this chapter and a written plan (“Cart Containment Plan”) approved by the Director of Community Development to prevent the removal of shopping carts from the premises of such retail establishment without authorization of the owner. The Cart Containment Plan shall, at a minimum, include the following elements:
A. Signs Affixed to Carts. In accordance with the applicable provisions of the California Business and Professions Code, every shopping cart made available for use by customers shall have a sign permanently affixed to it that: (1) identifies the owner of the cart, retailer, or both; (2) notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; (3) notifies the public that the unauthorized removal of the cart from the premises of the business, or the unauthorized possession of the cart, is a violation of state law; and (4) lists a valid telephone number and/or address for returning a cart that has been removed from the premises to the owner or retailer.
B. 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 fliers distributed on the premises, warnings printed on shopping bags, direct mail, website 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 within the parking area warning customers that removal of shopping carts from the premises is prohibited by state law.
C. Daily Cart Confinement. All shopping carts located on the premises of a retail establishment (other than an establishment open for business 24 hours per day) shall be collected at the end of each business day by employees of the retail establishment and stored in a secure manner within an approved cart corral or storage area on the premises as designated in the 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 24 hours per day, other than carts in use by a customer or patron, shall be collected by employees of the retail establishment and returned to an approved cart corral or storage area on the premises as designated in the Cart Containment Plan at least once per calendar day between the hours of 9:00 p.m. and 12:00 a.m. 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.
D. Physical Measures. Specific physical measures shall be implemented and maintained at all times by the owner to prevent, deter, or impede the removal of shopping carts from the premises. Such physical measures shall be specifically identified in the Cart Containment Plan and may include one or more of the following:
1. Disabling devices on the wheels of all carts, which are activated when the cart crosses an electronic barrier at the perimeter of the premises.
2. Physical barriers located at doors, around loading areas, or other defined perimeters that prevent the passage of carts beyond the barriers. The barrier may also be placed on the carts themselves so that the carts cannot pass through door openings or other defined perimeters.
3. Maintaining one or more security guards assigned the responsibility of preventing customers from removing shopping carts from the premises.
E. 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 employees concerning the requirements of this chapter and the provisions of state law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment.
11.67.060 – Mandatory cart retrieval plan.
Every owner who provides shopping carts for customers to use on the premises of any retail establishment shall develop, implement, and comply with the provisions of this chapter and a written plan (“Cart Retrieval Plan”) approved by the Director of Community Development for the retrieval of lost, stolen, or abandoned shopping carts that have been removed from the premises of the retail establishment. The Cart Retrieval Plan shall include the following elements:
A. Retrieval Personnel. The owner shall provide personnel for purposes of retrieval of lost, stolen, or abandoned shopping carts. Such personnel may be either employees of the retail establishment or one or more independent contractors hired by the owner to provide shopping cart retrieval services, or a combination of both. The Cart Retrieval Plan shall either: (1) identify the number of employees who will be assigned such cart retrieval duties and provide the number of total hours per week that each assigned employee will perform such services (in addition to any on-premises retrieval duties to which such employee may be assigned); or (2) include a copy of each contract with a cart retrieval service (excluding confidential financial information which may be redacted or obscured from the contract). The owner shall provide written authorization of the right to retrieve the owner’s shopping carts to all retrieval personnel, whether they are employees of the retail establishment or an independent contractor. Such authorization shall be carried by every such person while performing cart retrieval services off-site on behalf of the owner of the retail establishment and shall be presented to any enforcement personnel upon request.
B. Prompt Retrieval of Carts. Retrieval personnel or services shall assure that all identified public streets, bus stops, and other public places are patrolled and each lost, stolen, or abandoned shopping cart owned or provided by the retail establishment that is found as a result of such patrols is immediately retrieved and removed from any public or private property, where accessible, upon which the cart is found. At the discretion of the Director of Community Development, the Cart Retrieval Plan shall:
(1) identify the perimeter streets, bus stops, and public places to be patrolled as required by this Subsection;
(2) the manner, frequency, and times of such patrols; and
(3) such other information as reasonably required by the City to ensure that the owner is devoting sufficient resources to cart retrieval operations to comply with the provisions of this Section and the approved Cart Retrieval Plan.
11.67.070 – Plan submission and approval.
A. New or Relocated Retail Establishments. Every new retail establishment and any existing retail establishment relocating to a different location within the City need to submit Cart Containment and Cart Retrieval Plans, pursuant to Sections 11.67.050 and 11.67.060 herein, to the Director of Community Development and obtain approval of said plans from the City prior to providing any shopping carts for use by customers of the retail establishment. Each proposed plan shall be accompanied by an application fee in an amount set forth by Resolution of the City Council. No proposed plan(s) will be accepted for filing and processing by the Director of Community Development unless accompanied by the adopted application fee.
B. Existing Retail Establishments. Each existing retail establishment providing shopping carts for use by its customers shall submit Cart Containment and Cart Retrieval Plans, pursuant to Sections 11.67.050 and 11.67.060 herein, to the Director of Community Development no later than September 30, 2015. No such retail establishment existing on March 31, 2014, shall provide or continue to provide shopping carts for use by its customers commencing on January 1, 2016, without approved plans conforming to the requirements set forth in Sections 11.67.050 and 11.67.060 herein, provided, however, said deadline shall be extended for the period, if any, during which a plan is pending, or where an appeal of the denial of such plan is pending pursuant to the provisions of this Chapter. Each proposed plan need to be accompanied by an application fee in an amount set forth by resolution of the City Council.
C. Plan Review and Approval. Upon the filing of any proposed plan pursuant to Sections 11.67.050 and 11.67.060 herein, the Director of Community Development shall review the proposed plan for compliance with the guidelines set forth in this Chapter. The Director shall approve or deny the proposed plan within 30 calendar days following receipt thereof. If the proposed plans comply with each of the applicable requirements of this chapter, the Director shall approve the plan; otherwise, the plan shall be denied. If the proposed plan is denied, the notice of decision provided to the owner shall state the grounds upon which the proposed plan was denied. The decision of the Director may be appealed pursuant to subsection E of this section.
D. Amendments by Owner. The owner of any retail establishment that has an approved plan conforming to the requirements of this chapter may, at any time, submit a proposed amendment to the approved plan to the Director of Community Development. Such amendment shall be processed in accordance with the procedure for a proposed plan as set forth in subsection C of this section.
E. Appeals. Pursuant to the timeframes and procedures set forth in Section 1.08.010 of the Montclair Municipal Code, any owner aggrieved by a decision of the Director of Community Development pursuant to this chapter may appeal such decision to the City Manager. No appeal shall be accepted for filing and processing unless accompanied by the appeal fee set forth by resolution of the City Council.
11.67.080 – Cart corrals and storage areas.
A. Every new retail establishment commencing business on or after April 1, 2014, and providing shopping carts for use by its customers that can be transported outside the retail establishment’s building shall provide/construct cart corrals and/or cart storage areas on the premises in which the retail establishment is located in a number and design satisfactory to the Director of Community Development and meeting the following minimum criteria:
1. For retail establishments providing 30 or fewer shopping carts for use by its customers, the owner shall provide a minimum of two portable cart corral(s) within the parking area. Said corrals shall be secured to the pavement for stability and to avoid obstruction of parking stalls.
2. For retail establishments providing more than 30 shopping carts for use by its customers, the owner shall construct permanent cart corrals and/or storage areas within the parking area and adjacent to the building utilizing materials complementary to the main building. Parking area cart corrals shall be enclosed on each side by a decorative masonry base between 12 and 18 inches in height, topped with a decorative iron or tubular steel fence providing an overall corral height (masonry plus fencing) of 42 inches.
B. Every existing retail establishment providing shopping carts for use by its customers that undergoes an expansion resulting in an increase in gross floor area of 25 percent or more shall be required to provide/construct cart corrals and/or cart storage areas on the premises in which the retail establishment is located in a number and design consistent with the guidelines set forth in this Section.
11.67.090 – Authority to impound, store, sell, or dispose of abandoned shopping carts.
A. The City may retrieve and impound any shopping cart left on public or private property, other than that of the retail establishment providing the shopping carts, where the shopping cart does not have affixed to it the identification signs required by Section 11.67.050 herein. The City shall deem discarded any shopping cart that lacks said identification sign and may retrieve and immediately dispose of any such shopping cart.
B. For any shopping cart left on public or private property other than that of the retail establishment providing the shopping carts, which does have affixed to it the identification signs required by Section 11.67.050 herein, the City shall provide notice to the owner of the shopping cart as required by Section 22435.7 of the California Business and Professions Code and may impound, store, sell, or otherwise dispose of an impounded shopping cart pursuant to the procedures set forth in said section of the California Business and Professions Code.
11.67.100 – Penalties.
Any person or entity violating the provisions of this Chapter shall be deemed guilty of a violation pursuant to Chapter 1.12 of the Montclair Municipal Code.
