5.40.040 Shopping Cart Retention/Retrieval Plan
A.Owners of every retail establishment that utilize carts shall develop and implement a written Shopping Cart Retention/Retrieval Plan for the retrieval of lost, stolen or abandoned shopping carts which have been removed from the premises of their retail establishment. The plan may employ the personnel of the retail establishment itself or a professional retrieval service. The plan shall ensure adequate measures are employed so that all abandoned shopping carts are retrieved within twenty-four (24) hours (1) their removal from the property or (2) notification by enforcement personnel. Within sixty (60) calendar days of the effective date of this section, all owners of retail establishments that utilize carts shall submit a Shopping Cart Retention/Retrieval Plan to the Director of Development Services. New retail establishments are required to submit a Shopping Cart Retention/Retrieval Plan prior to commencing business operations.
1. Two (2) or more retail establishments located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single Shopping Cart Retention/Retrieval Plan.
B.Shopping Carts located on the premises of all retail establishments shall be collected throughout the day and night and placed within a designated area.
C. Adequate signage shall be installed and maintained as provided under Section 5.40.070.
D. No person shall remove a cart from a retail establishment without the written consent of the owner.
E. Owners of every retail establishment that utilize carts shall provide evidence that they have engaged the services of a valid shopping cart retrieval service or made adequate plans to use in-house employees to retrieve carts that leave the premises.
5.40.050 Mandatory Physical Measures to Prevent the Removal of Carts
A. If the Director of Development Services determines, based on the criteria provided in Section 5.40.060, that a Shopping Cart Retention/Retrieval Plan is ineffective at preventing the removal of shopping carts the offending retail establishment shall receive notification that they must implement one (1) or more of the following physical measures to prevent the removal of carts on their premises:
1. Disabling devices on all carts, which are activated when the carts cross a barrier at the perimeter or the premises; or
2. Physical barriers located at doors, around loading areas or other defined perimeters, which will prevent the passage of carts beyond the barriers. The barriers may also be placed on the carts themselves so that the carts cannot pass through door openings or other defined perimeters; or
3. Utilization of security personnel to prevent the physical removal of carts from the premises; or
4. Utilization of employee(s) to escort customers with carts to their vehicles, ensuring that carts do not leave the premises.
5.40.060 Shopping Cart Containment Plan
A. Retail establishments that are required to implement physical measures under Section 5.40.050 shall present to the Director of Development Services, within thirty (30) calendar days of notification, a written Shopping Cart Containment Plan setting forth the physical measures the retail establishment proposes to implement. The fee for plan submission and review shall be set by the City Council via Resolution.
B. Plan Review and Approval. Upon the filing of any proposed Shopping Cart Containment Plan pursuant to this section the Director of Development Services shall review the proposed plan and either approve or deny the proposed plan within thirty (30) calendar days following the receipt thereof by the Director of Development Services. The proposed Shopping Cart Containment Plan may be approved if the Director of Development Services finds that the proposed plan includes the following elements:
1. One (1) or more of the physical measures required under Section 5.40.050(A); and
2. All of the Retrieval conformance measures required under Section 5.40.040 (B through E)
The decision of the Director of Development Services shall be made in writing and notice thereof shall be transmitted to the owner in accordance with the provisions of Section 1.01.300 of this Code. If the proposed Shopping Cart Containment Plan is denied, the notice of decision given to the owner shall state the grounds upon which the proposed plan was denied. A decision of the Director of Development Services may be appealed by the owner in the time and manner provided in this section.
C. Amendments by Owner. The owner of any retail establishment which has an approved Shopping Cart Containment Plan conforming to the requirements of this chapter may, at any time, submit a proposed amendment to the approved plan. The amendment shall be processed in the same manner as a new plan, and shall require a new fee.
D. Amendments by City. The Director of Development Services may require the owner of any retail establishment with an approved Shopping Cart Containment Plan to amend said plan when the approved plan is failing to comply with the provisions of this chapter. Evidence of non-compliance shall include:
1. Within a thirty (30) calendar day period, three (3) or more incidents of shopping carts found off the premises by enforcement personnel for a period of time in excess of twenty-four (24) hours; or
2. Failure to maintain required signage as provided in Section 5.40.070.
E. Appeal of Decision. Within fifteen (15) calendar days from the decision of the Director of Development Services on a submitted Shopping Cart Containment Plan, an owner may file an appeal in accordance with Chapter 1.12 of this Code. In the absence of a timely appeal, the decision of the Director of Development Services shall be final and conclusive.
5.40.070 Signage Requirements
A. Within ninety (90) calendar days of the effective date of this section, every shopping cart made available for use by customers shall have a sign permanently affixed to it, not smaller than sixty (60) square inches, consisting of white lettering at least three-sixteenth (3/16) inches in height on a contrasting background which: (1) identifies the specific name and location of the retailer that owns or uses the cart; (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 and local law; and (4) lists a valid telephone number or address for returning the cart removed from the premises to the retailer.
B. Within ninety (90) calendar days of the effective date of this section, signs shall be posted at the entrance and exit to the retail establishment, measuring no less than seventeen (17) inches by twenty-two (22) inches in size, consisting of white lettering no lettering no smaller than one (1) inch in height on a contrasting background which notifies customers that shopping carts may not be removed from the premises. Additional signs may be posted on the premises notifying customers that shopping carts may not be removed from the premises.
C. Such signs shall be maintained in legible condition at all times and replaced as becomes necessary due to weathering, damage, vandalism, etc.
5.40.080 Exemptions
For purpose of this chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen or abandoned, even if in the possession of any person, unless such person in possession thereof either: (1) is the owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart; (2) is an officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts; (3) is enforcement personnel repositioning carts from a hazardous location (e.g., traffic lanes) to an adjacent, secure location, or otherwise impounding and disposing of carts having no identifying information; or (4) has written permission or consent to be in possession of the shopping cart from the owner entitled to possession of the shopping cart.
5.40.090 Impoundment and Disposal of Abandoned Shopping Carts
Abandoned shopping carts may be impounded and disposed of pursuant to California Business and Professions Code Section 22435.7, or any successor statute that replaces Section 22435.7.
5.40.100 Violation
A. Any violation of this chapter shall be deemed a Misdemeanor punishable by six (6) months in jail, or a one thousand dollar ($1,000.00) fine, or both.
B. It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any retail establishment in the City to allow shopping carts to be removed from their premises in violation of this chapter. Any violation may be abated by the City through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. Any person who violates any of the provisions of this chapter shall be responsible for the City’s attorney fees and legal costs associated with the abatement.
C. The penalties set forth in this chapter are cumulative and in addition to all other remedies, violations and penalties set forth in the Lake Forest Municipal Code, state law or federal law.”
