Chapter 8.48 Shopping Carts
8.48.040 Duties of Business Owners.
A. It is the duty of a Business Owner to contain Carts solely upon the Business Premises.
B. It is the duty of a Business Owner to prevent any person from removing any Cart from the Business Premises except for those persons authorized to remove such Carts from the Business Premises, such as those authorized to repair the Carts.
C. It is the duty of a Business Owner to affix a Cart Identification Plaque in a secure manner on each Cart used or located upon a Business Premises.
D. It is the duty of a Business Owner to submit a Cart Removal Prevention Plan and to comply with all of its provisions including those of any revised, prepared or modified Plan authorized by the city manager.
E. It is the duty of a Business Owner to permit the city manager to inspect the Carts used or located on the Business Premises in order to ascertain whether each Cart contains a Cart Identification Plaque as required by this chapter.
F. It is the duty of every Business Owner that uses or locates any Cart on its Business Premises to post signs, in the size specified by the city manager, at all entrances and exits to the Business Premises and parking lots containing the following language: “REMOVAL OF ANY CART FROM THESE PREMISES IS A MISDEMEANOR. S.J.M.C. Section 8.48.130.”
8.48.050 Cart Removal Prevention Plan.
A. Each Business Owner who uses or locates any Cart on a Business Premises shall submit a Cart Removal Prevention Plan (“Plan”) that contains the policies and procedures by which the Business Owner intends to comply with the purposes and provisions of this chapter.
B. A Business Owner who intends to commence a business that will use or locate any Cart on the Business Premises shall submit a Plan prior to commencing such a business. A Business Owner shall not commence business unless and until the Plan has been approved by the city manager. A Business Owner shall submit a Cart Removal Prevention Plan together with an application for a business license. No business license shall be issued to the Business Owner unless and until the Plan has been submitted and approved.
C. A Business Owner operating on the effective date of this chapter shall submit a Cart Removal Prevention Plan to the city manager no later than sixty (60) days from the effective date of this chapter. The city manager shall notify each Business Owner operating a business on the effective date of this chapter to submit such a Plan and the final date by which the Plan must be submitted.
D. A Cart Removal Prevention Plan shall describe how the Business Owner shall comply with the purpose and provisions of this chapter. In addition, the Plan shall include, at a minimum, the following elements:
1. Name of Business Owner. The name of the Business Owner; the physical address where the business is conducted; and the name, address, and telephone number(s) of the Business Owner and all on-site managers including any changes of such persons.
2. Cart Inventory. A list that contains each Cart to be used or located on the Business Premises and the distinct identification number of each Cart.
3. Customer Outreach. A description of the customer outreach process through which the Business Owner shall notify its customers that removal of any Cart from the Business Premises is prohibited. The outreach shall include, but is not limited to, flyers distributed on the Business Premises, signs posted in prominent places near doors and parking lot exits, shopping bags, announcements using intercom systems on the premises, website direct mail, and other means demonstrated to be effective that inform the customers that Carts may not be removed from the Business Premises. Any posting of signs shall comply with applicable provisions of this city’s municipal code or any other city ordinance in effect at the time of their construction and erection.
4. Cart Identification Plaque. A sample of the Cart Identification Plaque described in Section 8.48.030 that will be mounted on each Cart that will be used or located on the Business Premises.
5. Prevention Measures. A description of the specific measures that the Business Owner will implement to prevent removal of any Cart from the Business Premises. Such measures may include, but are not limited to, electronic or other disabling devices on any Cart so they cannot be removed from the Business Premises; management practices; use of courtesy clerks to accompany customers and return carts to the inside of the Business Premises; use of security personnel to prevent removal; security deposits for Cart usage; other demonstrably effective measures acceptable to the city manager that are likely to prevent removal of Carts from the Business Premises.
6. Employee Training. A description of the employee training program to be implemented by the Business Owner that is designed to educate new and existing employees about the Cart Removal Prevention Plan; and the date during each quarter of each year that the training program will be administered.
7. Mandatory Cart Retrieval. The procedure by which the Business Owner will search, find and return Carts removed from the Business Premises. The procedure by which the Business Owner will retrieve abandoned carts from public or private property when demanded by the city manager within the periods required by Section 8.48.080.
E. Each Business Owner submitting a Cart Removal Prevention Plan shall pay the fee established by the city council, which shall be based on the city’s cost to review, to monitor the Cart Removal Prevention Plan and to implement this chapter.
F. Each Business Owner shall comply with the Cart Removal Prevention Plan that it submits to the city manager commencing on the date of its submission, unless amended as set forth in this chapter.
