Chapter 5 – PUBLIC WELFARE, MORALS AND POLICY
SEC. 5-913. REQUIRED SIGNS ON SHOPPING CARTS:
Every owner shall affix to each shopping cart owned or provided by the owner a sign that includes the following information:
A. Identification of the owner of the shopping cart or the business establishment to which it pertains, or both.
B. Notification that the unauthorized removal of the shopping cart from the premises of the business establishment, or the unauthorized possession of the shopping cart, is a violation of law.
C. Notification of the procedure for authorized removal of the shopping cart from the premises.
D. A telephone number or address for returning the shopping cart to its owner or to the business establishment identified thereon. Although not required, the City urges owners to place current telephone numbers on each sign for effective implementation of this Ordinance.
(Part XXIV added by Ordinance 031-01 C.S. – Effective January 3, 2002)
SEC. 5-917. MANDATORY PLAN:
A. Every owner shall prepare, implement, and submit by March 1, 2002, a specific written Plan to prevent their respective customers from removing shopping carts from each owner’s premises and to retrieve shopping carts that have been removed therefrom. Said Plan may include the following elements and shall be subject to the hereinafter specified approval:
1. Notice to Customers: Written notice may be provided to customers that removal of shopping carts from the premises is prohibited and a violation of law. The notice may be provided in the form of flyers, warnings on shopping bags, or any other form of written notification that will provide effective notice to customers of the prohibition.
2. Signs: Signs may be placed in appropriate places near customer exits and near parking area exits to inform customers that shopping cart removal is prohibited and constitutes a violation of law.
3. Preventive Measures: Specific physical measures may be implemented to prevent the removal of shopping carts from the owner’s premises. These measures may include, but are not limited to, devices on shopping carts that automatically disable them if they are removed from the premises, employment of personnel to advise and deter customers from removing shopping carts, installation of obstacles to prevent the removal of shopping carts, collection of security deposits for use of shopping carts, provision for rental or sale of shopping carts to customers and similar or like measures.
4. Retrieval Measures: Specific measures may be implemented to retrieve shopping carts that are removed from the owner’s premises. Such measures may include, but are not limited to, employment of personnel or contractors to retrieve shopping carts.
B. Every Plan submitted shall be subject to the Director’s reasonable approval. In the event there becomes a problem with the owner’s Plan, the Director shall notify the owner to submit a revised Plan to the Director within thirty (30) days. The Director may also require an Evaluation Report detailing the measures used during the prior year to prevent removal of shopping carts from the owner’s premises and measures used to retrieve the shopping carts. The Report may also include an inventory of shopping carts owned or used by the owner, the number of shopping carts which were retrieved after removal from the owner’s premises during the previous twelve (12) months, and the number of shopping carts which were replaced due to loss, theft or abandonment during the previous twelve (12) months.
C. Whenever an owner makes revisions to a Plan, the revised Plan shall be submitted to the Director for approval.
(Part XXIV added by Ordinance 031-01 C.S. – Effective January 3, 2002)
SEC. 5-918. PENALTY FOR FAILURE TO PREPARE AND IMPLEMENT WRITTEN PLAN:
A. Any owner who fails to submit to the Director for approval the plan required under Section 5-917 within sixty (60) days of the effective date of the ordinance enacting this part, or within sixty (60) days of the commencement of the owner’s business, whichever is later, or who fails to implement the measures established in an approved plan, shall be guilty of an infraction.
B. In addition to the penalties hereinabove provided, and as an administrative remedy upon a finding of violation, the Director is hereby authorized to require installation of disabling devices on all shopping carts which prevent their removal from an owner’s premises with respect to any owner who violates the provisions of subsection A of this section.
(Part XXIV added by Ordinance 031-01 C.S. – Effective January 3, 2002)
