7.65.025 Mandatory installation of shopping cart disabling services.
Prior to final occupancy of a retail site, all owners of new retail establishments furnishing shopping carts for use by its customers shall install and continue to maintain a system that physically prevents shopping carts from leaving the site. Signs shall be installed on the carts and near the doorways that notify customers that the carts are equipped to prevent them from leaving the parking lot. The signs attached to the carts shall include all the information required by California Business and Professions Code 22435.1. A plan showing how this is to be accomplished shall be submitted to the planning division prior to final occupancy. (Ord. 1563 N.C. (2d) § 1( part), 2005.)
7.65.030 Required signs on shopping carts.
Every shopping cart owned or provided for the use of customers by any business establishment in the city of Vallejo must have a conspicuously marked and identified sign permanently affixed to it that contains the following information:
A. The name of the owner of the shopping cart or the name of the business establishment where the shopping cart is in lawful use, or both;
B. Notification to the public of the procedure to be used for authorized removal of the shopping cart from the premises;
C. Notification to the public that the unauthorized removal of the shopping cart from the premises or the unauthorized possession of the shopping cart off premises is a violation of state law and the city of Vallejo Municipal Code.
D. A contact telephone number to report the location of an abandoned shopping cart; and
E. An address where the shopping cart can be returned to the business establishment.
Such identification shall be in the form of a metal or plastic tag or plate securely fastened to the cart or standing on the frame of the cart.
(Ord. 1563 N.C. (2d) § 1 (part), 2005.)
7.65.035 Notice of posting.
There shall be posted by the owner of any retail establishment furnishing a parking area and shopping carts for its customers, prominently and conspicuously at all entrances to the retail establishment, a notice in substantially the following form: REMOVAL OF SHOPPING CARTS FROM THESE PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF THE OWNER OF THE CART OR THIS BUSINESS ESTABLISHMENT IS PROHIBITED BY LAW (VMC SECTION 7.65.040) AND WILL SUBJECT THE VIOLATOR TO A MINIMUM FINE OF $100.00. (Ord. 1563 N.C. (2d) § 1 (part), 2005.)
7.65.040 Removal or possession of abandoned shopping carts prohibited.
A. It shall be unlawful to either temporarily or permanently remove a shopping cart from the premises of a business establishment without the express prior written approval of the owner. This section shall not apply to carts removed as authorized by the owner for the purposes of repair, maintenance or disposal.
B. It shall be unlawful to be in possession of a shopping cart that has been removed from the premises of a business establishment unless it is in the process of being immediately returned to the business establishment.
C. It shall be unlawful to leave or abandon a shopping cart at a location other than the premises of the business establishment with the intent to temporarily or permanently deprive the owner of possession of the shopping cart.
(Ord. 1563 N.C. (2d) § 1 (part), 2005.)
7.65.045 Abandoned shopping cart prevention plan.
Every owner providing shopping carts to its customers shall develop and implement a specific written plan to prevent the unauthorized removal by any person of any shopping carts from the owners premises, and if removed, to retrieve the shopping cart within twenty-four hours of the removal or notice of the removal. The plan must include the following elements;
A. Notice to Customers. Written notification shall be provided to customers that removal of all shopping carts from the premises is prohibited and a violation of state law and the Vallejo Municipal Code. This notice may be provided in the form of flyers, warnings on shopping bags and shopping carts, or any other form of written notification that will effectively notify customers of the law.
B. Signs. Signs shall be placed in appropriate places near door exits and near parking lot exits warning customers that shopping cart removal is prohibited and constitutes a violation of state law and the Vallejo Municipal Code.
C. Inventory of Shopping Carts. A complete list of the amount of all shopping carts maintained on or in the premises.
D. Loss Prevention Measures. Specific measures shall be implemented by owners to prevent shopping cart removal from the premises. Examples of measures that may be implemented are: installing disabling devices on all shopping carts; posting of a security guard to prevent customers from removing shopping carts from the premises; security deposits required for use of all shopping carts; the rental or sale of shopping carts that can be temporarily or permanently used for transport of purchases, or any combination of the above that are acceptable to the director and necessary to effectively prevent shopping cart removal from the premises.
E. Employee Training. A description of an ongoing employee training program shall be implemented by the owner and that shall be designed to educate new and existing employees on the abandoned shopping cart prevention plan and conditions contained therein no less frequently than annually.
F. Mandatory Shopping Cart Retrieval. A plan for retrieval of abandoned shopping carts by the owner within twenty-four hours of being notified.
(Ord. 1563 N.C. (2d) § 1 (part), 2005.)
7.65.050 Fees.
Every owner who is required to submit an abandoned shopping cart prevention plan, annual evaluation report or an application for a modification of an abandoned shopping cart prevention plan pursuant to this chapter shall submit with the plan, report, or plan modification, a fee for the director’s review of the plan, annual evaluation report or plan modification in the amount set forth in the schedule of fees established by resolution of the city council. (Ord. 1563 N.C. (2d) § 1 (part), 2005.)
7.65.055 Timelines and approval process for abandoned shopping cart prevention plan.
Every owner shall submit a proposed plan for preventing shopping cart removal in compliance with Section 7.65.070 for approval to the development services director within sixty days after adoption of this chapter and by July 1 of each year thereafter. In implementing this chapter, for the period of June 1, 2005 through July 31, 2006, the director shall provide not less than sixty days written notice to each owner prior to the date that the owner’s initial abandoned shopping cart prevention plan is due. Any business establishment which opens after the adoption of this chapter will submit an abandoned shopping cart prevention plan to the development services director for approval within sixty days of the approval date on their city business license application. Any owner who fails to submit a complete plan to the satisfaction of the director, or fails to implement approved plan measures or fails to comply with the approved plan measures will be subject to enforcement of these requirements through any lawful means available to the city, including without limitation institution of the administrative remedies process pursuant to Chapter 1.12. Any owner who fails to submit an abandoned shopping cart prevention plan shall also be subject to a one thousand five hundred dollar civil penalty, plus an additional penalty of fifty dollars for each day of noncompliance.
The director may approve or deny the proposed plan and notify the owner of such decision within thirty days of receipt. If approved, the owner has no later than thirty days to implement the abandoned shopping cart prevention plan from the date of approval. If the proposed plan is the same as in previous years, prevention measures shall continue to be implemented unless the city indicates the plan needs to be modified. (Ord. 1563 N.C. (2d) § 1 (part), 2005.)
7.65.060 Plan modification.
At any time after the director’s approval of any abandoned shopping cart plan, the owner may submit to the director a modification of the previously approved plan to address a change in circumstances, address an unanticipated physical or economic impact of the plan or modify an inadequate or ineffective plan. Unless otherwise agreed, complete and adequate modifications to a plan required by the city shall be implemented by the owner within thirty days of notification. (Ord. 1563 N.C. (2d) § 1 (part), 2005.)
7.65.065 Denial of abandoned shopping cart prevention plan.
The director may deny a plan based upon any of the following grounds:
A. Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police or other provision of this code or any county, state or federal law which substantially affects public health, welfare, or safety.
B. The plan fails to include all of the information required by this chapter.
C. The plan is insufficient or inadequate to prevent removal of carts from the premises.
D. The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to cart retention and prevention efforts.
E. Implementation of the plan violates a term or condition of a plan or other requirement of this chapter.
F. The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made.
Should the city’s director of development services deny the plan, the owner may request an administrative hearing in order to resolve the dispute.
(Ord. 1563 N.C. (2d) § 1 (part), 2005.)
7.65.070 Notice of intended decision to deny abandoned shopping cart prevention plan.
A. Upon determining the existence of any of the grounds for denial of an abandoned shopping cart prevention plan in accordance with Section 7.65.065, the director may issue to the owner a notice of intended decision to deny the abandoned shopping cart prevention plan.
B. The notice of intended decision shall state all the grounds upon which the denial of the abandoned shopping cart prevention plan is based.
C. The notice of intended decision shall advise the owner that the denial shall become final unless the owner files a completed appeal form requesting a hearing before the code enforcement appeals board or hearing officer within fifteen calendar days of the date of service of the notice of intended decision to deny the abandoned shopping cart prevention plan.
D. The notice of intended decision shall specify the effective date of the denial of such plan.
(Ord. 1563 N.C. (2d) § 1 (part), 2005.)
7.65.075 Hearing and appeal procedures for abandoned shopping cart prevention plan.
A. The completed appeal form together with an appeal fee as established by resolution by the city council must be received by the director within fifteen calendar days of the date of the notice of intended decision to deny the abandoned cart prevention plan. An appeal form shall be obtained from the director.
B. Upon timely receipt of a completed appeal form and appeal fee, the director shall schedule a hearing which shall be held no later than thirty calendar days after receipt of a timely request for a hearing.
C. The director shall serve a notice of hearing on the owner at least ten calendar days prior to the scheduled date of the hearing.
D. At the hearing before the code enforcement appeals board or hearing officer, the owner shall be given the opportunity to present witnesses and relevant documentary evidence.
E. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the code enforcement appeals board or hearing officer deems reliable, relevant and not unduly repetitious may be considered.
F. Within twenty calendar days after the hearing, the code enforcement appeals board or hearing officer shall serve on the owner a written decision sustaining, reversing or modifying the director’s intended decision.
G. The decision by the code enforcement appeals board or hearing officer after hearing shall be final.
(Ord. 1563 N.C. (2d) § 1 (part), 2005.)
