CHAPTER 7.35: SHOPPING CARTS
Section 7.35.040 Prohibitions
a) It is unlawful and a violation of this chapter for a business owner having 50 or more shopping carts to:
1) Fail to affix an identifying sign to each shopping cart;
2) Fail to submit a shopping cart plan or request for exemption in conformance with PHMC § 7.35.060;
3) Fail to comply with an approved shopping cart plan; or
4) Allow a shopping cart to be removed from the business premises.
(Ord. 771 § 1, 2003; 1991 code § 11-6.4)
Section 7.35.050: Shopping Cart Identification Signs
a) The owner of a business providing 50 or more shopping carts shall have a sign permanently affixed to each cart. A business owner providing fewer than 50 shopping carts may affix a sign to each cart. The sign shall include all of the following information:
1) The identity of the owner or business, or both;
2) The address or phone number of the business, for returning the cart;
3) Notice to the public that the unauthorized removal of the cart from the business premises or the unauthorized possession of the cart is a violation of state law. The notice may also state that the unauthorized removal is a violation of city ordinance.
(Ord. 771 § 1, 2003; 1991 code § 11-6.5)
Section 7.35.060: Shopping Cart Plan
a) General requirement. Each owner of a business providing 50 or more shopping carts shall submit to the administrator, obtain approval from the administrator, and effectively implement a shopping cart plan in accordance with this chapter.
b) Exemptions. A business owner is exempt from this chapter, for two years at a time, if the owner submits an exemption request and meets all of the following requirements:
1) The business has effective restraints that prohibit any carts from exiting the premises or from operating off the premises. Examples of such effective restraints include: poles attached to carts to keep them from passing a certain point; electronic wheel locks on all carts which prevent wheels from rolling past the perimeter of the premises; physical constraints such as bollards; and continuous use of courtesy clerks to accompany customers and return the carts to the store.
2) The business secures all shopping carts during the hours the business is closed by storing carts inside or locking them up outside.
3) A statement by the owner that no more than three of the owner’s shopping carts have been found off-site during the previous six months. An off-site cart in someone’s possession and containing personal property of the person will not be counted against the business owner.
c) Contents of the shopping cart plan. The shopping cart plan shall include all of the following elements:
1) Name, address and telephone number of the business, and the name and telephone number of the on-site manager.
2) The number of on-site shopping carts, and the requirements for sign identification on carts.
3) Public notices. A description of a customer education process by which the owner will inform customers that the removal or off-site possession of carts is a violation of state law and this chapter. This information may include business signs posted in prominent places, flyers, warnings on shopping bags, direct mail, in-store announcements, or other means demonstrated to be effective.
4) Employee training. A description of an annual (or more frequent) employee training program to educate existing and new employees about the shopping cart plan.
5) Loss prevention. A description of the measures that the owner will implement to prevent the removal of shopping carts from the premises. These measures may include any of those listed in subsection B of this section, Exemptions, or use of security personnel to prevent removal, security deposit for use of a cart, or other measures demonstrated to be effective.
6) Cart retrieval. A plan for mandatory retrieval of off-site shopping carts on at least a weekly basis, and within three business days of notice from the city under PHMC § 7.35.070.A. The administrator may require retrieval on a more frequent time schedule based on performance. Cart retrieval may be done by the owner, business employees or agents, or a retrieval service maintained by the owner or by a combination of owners. A business owner is not required to retrieve an off-site cart in someone’s possession and containing personal property of the person.
d) Submittal and fees. Within 60 days after this chapter takes effect or within 60 days of obtaining a business license for a new business and by May 1st of each even-numbered year thereafter, each owner of a business having 50 or more carts shall submit to the zoning administrator either (1) a complete shopping cart plan, or (2) a request for exemption under subsection B of this section, stating the basis for the exemption. An owner submitting a shopping cart plan shall pay a fee in the amount established by city council resolution to cover the city’s costs of plan review and inspections.
e) Zoning administrator review. Within 30 days after a shopping cart plan is submitted, the administrator shall render a decision to approve or deny the plan, or to request additional information. If a plan is rejected as incomplete or inadequate, or if additional information is needed, the administrator shall notify the owner in writing. The owner has 30 days to submit the additional information or a complete or adequate plan, as the case may be.
1) The administrator may deny a plan on any of the following grounds:
I) The plan fails to include the information required under this chapter or fails to adequately address the required elements.
II) The plan is insufficient, in the administrator’s opinion, to prevent removal of carts.
III) Implementation of the plan violates this chapter, or a local, state or federal law.
IV) The owner knowingly makes a false statement or omits relevant facts in the plan, or in any amendment or report.
f) Plan modification. The owner may submit a plan modification of any previously approved shopping cart plan to address changed circumstances or to modify ineffective provisions. The administrator shall review and consider the modification in the same manner set forth in subsection E of this section.
g) Biennial renewal. Every two years a business owner may renew an exemption or a previously approved shopping cart plan, without modification, if no more than three of the owner’s shopping carts have been found off-site within the previous six months. The owner shall submit a written application for renewal by May 1st, together with the owner’s statement that no more than three of the business’s shopping carts have been found off-site within the previous six months.
h) Denial or revocation. The administrator may deny a renewal under subsection G of this section or revoke an exemption granted under subsection B of this section if:
1) A shopping cart has been found on public property on four or more occasions within the prior six-month period;
2) The owner has failed to comply with a provision of this chapter;
3) The owner has knowingly made a false statement or fails to disclose relevant information in an application, an amendment or in a report to the city.
(Ord. 771 § 1, 2003; 1991 code § 11-6.6)
Section 7.35.070: Enforcement
a) Retrieval. Whenever the administrator notifies a business owner of an off-site cart, either verbally or in writing, the owner shall retrieve the cart within three business days.
b) Violations. An owner who violates this chapter or a provision of the owner’s approved shopping cart plan, a person who removes or possesses a shopping cart off-site, or a property owner who allows off-site carts to remain is subject to any enforcement procedures permitted by law, including:
1) Revocation of an exemption under PHMC § 7.35.060.B.
2) The requirement for a stricter shopping cart plan.
3) Issuance of an infraction citation for violation of the municipal code under PHMC Chapter 1.25.
4) Prosecution as a misdemeanor under the authority of California Business and Professions Code sections 22435.2, 22435.3 or 22435.13.
5) Procedures for abatement of a nuisance, under PHMC Chapter 7.05.
6) Civil action for enforcement, including injunction.
7) Proceedings for revocation of a use permit, if applicable.
(Ord. 771 § 1, 2003; 1991 code § 11-6.7)
