ORDINANCE NO. 2016-1360
8.38.010 – Purpose and Declaration of Public Nuisance
(a)“The City Council hereby finds that the proliferation of wrecked, dismantled and abandoned shopping carts, or parts thereof, on public or private property are a visual blight, reduce property values, interfere with pedestrian and vehicular traffic, impede emergency services, and are injurious to the health, safety and general welfare. Therefore, wrecked, dismantled and abandoned shopping carts are declared to be public nuisances and may be abated pursuant to the provisions of this chapter or in any other manner provided by law.
(b)The purpose of the regulations set forth in this chapter is to ensure that owners and operators of retail businesses that provide shopping carts take reasonable measures to prevent the removal of shopping carts and to provide for prompt retrieval of any removed or abandoned carts.”
8.38.050 – Mandatory Shopping Cart Containment and Retrieval Plan
(a)“Every owner which provides more than ten (10) shopping carts shall develop, implement and maintain a plan to prevent the removal of shopping carts from the premises and to provide for the retrieval of removed and abandoned carts. The plan shall involve the following elements:
i.Every cart owned or provided by an owner shall have a permanently affixed sign as described in Business and Professions Code section 22435.1.
ii.Written notice shall be provided to customers, that removal of shopping carts from the premises is prohibited by state law. The plan shall identify the specific measures to be implemented to comply with this notice requirement.
iii.Specific measures to prevent the removal of shopping carts from the premises. These measures may include, but are not limited to, the electronic or other disabling devices, physical barriers, security guards to deter the unauthorized removal of carts, or other effective measures that are satisfactory to the City.
iv.All shopping carts located at the business premises shall be collected at the end of each business day and shall be collectively confined in a cart containment area until the commencement of the next business day.
v.The owner shall establish and maintain a cart retrieval program.
vi.Employees of each retail establishment shall be trained on an ongoing basis concerning the requirements of this Chapter.
vii.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 and retrieval plan.”
(b)Cart Containment and Retrieval Plan Approval Process
i.“A new or relocated retail establishment shall, at the time of applying for a business license or certificate of occupancy, submit a cart containment plan described in section (a).
ii.Owners of existing retail establishments shall submit a cart containment plan described in section (a)when renewing their business license. No plan will be accepted without payment of the fee. iii.The Shopping Cart Containment Plan Review fee shall be $285. No plan will be accepted without payment of the fee.
iv.The City Manager shall review each submitted plan and within 30 days approve, deny, or request revision of the plan.”
