ORDINANCE NO 4501; CHAPTER 9.77: SHOPPING CARTS
Section 9.77.040: Abandonment Prohibited
a) It shall be unlawful for any person to cause or permit any cart to be abandoned on or upon any sidewalk, street or other public area, or upon private property, other than the premises of the owner of such cart.
Section 9.77.050: Unauthorized Removal Prohibited
a) It shall be unlawful for any person, either temporarily or permanently, to remove a cart from business premises, or be in possession of a cart that has been removed from business premises, which is properly identified in conformity with this chapter, without the written consent of the owner. This section shall not apply to carts removed as authorized by the owner for repair, maintenance or disposal.
Section 9.77.060: Shopping Cart Use
a) No person shall use any shopping cart for any purpose other than that intended by its owner.
b) It shall be unlawful for a business knowingly to have on its premises, for the use of its customers, shopping carts bearing identification that they belong to a different business owner.
Section 9.77.070: Shopping Cart Alteration Prohibited
a) No person shall alter, convert or tamper with any shopping cart, or remove any part thereof.
Section 9.77.080: Declaration of Nuisance
a) Unattended shoppingcarts located on either public or private property without their owner's consent are hereby declared a nuisance.
Section 9.77.090: Cart Identification Required
a) Information required. Every cart owned or provided by any business owner shall have a sign permanently affixed to the cart that contains the following information:
1) The identity of the owner, the business establishment, or both.
2) Notification to the public that the removal of the cart from the premises is a violation of state and municipal law.
3) The address or phone number of the owner of the business establishment for cart return.
b) Languages required. The information required above shall be provided in English, Spanish and Chinese, or in such other language the City Manager may reasonably require.
c) Disposal of abandoned carts lacking identifying information. Any cart found abandoned that does not have the identifying information required by this section shall be removed from the property and disposed of by the city or its authorized agent in accordance with the state law.
Section 9.77.100: Signage on Premises
a) Every business that owns or provides carts for the use of its customers within the city shall post conspicuous signs at or near each entrance to its parking lot and the public entrance doors to its store, notifying its customers that removal of carts from the premises without written authorization is prohibited.
Section 9.77.110: Mandatory Abandoned Cart Prevention Plan
a) Every business owner that provides carts, or allows or intends to allow the use of carts, shall annually develop, implement and comply with the terms and conditions of a city-approved abandoned cart prevention plan.
1) The plan will identify methods currently employed to prevent the unauthorized removal by any person of any carts from the owner's premises.
2) Renewal of the plan will be required on an annual basis.
3) Those that have demonstrated implementation of a physical or electronic containment system that is found sufficient to contain carts from being removed from the property and abandoned on public or private property will require renewal only every three years.
b) The owner's abandoned cart prevention plan shall include the following elements:
1) Name of business/owner. The name of the owner and the business name; the physical address where the business is conducted; name, address and phone number(s) of the on-site and off-site owner if different; and the name and/or title and telephone number of the day-to-day contact person at the location.
2) Inventory of carts. A complete listing of the total number of carts maintained on or in the premises.
3) Community outreach.
I) A description of the community outreach process under which the owner shall cause notice to be provided to customers that the removal of carts from the premises is prohibited, and a violation of state and municipal law.
II) This process shall include, but is not limited to, flyers distributed on the premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exits, direct mail, announcements using intercom systems on the premises, web site or other means demonstrated to be effective.
III) Any posting of signs shall comply with applicable provisions in Title 23 of this code.
4) Cart identification. Signs and cart identification requirements that conform to state law.
5) Loss prevention measures.
I) A description of the specific measures that the owner shall implement to prevent cart removal from the premises.
II) These measures may include, but are not limited to: electronic or other disabling devices on the carts so they cannot be removed from the premises; modifications to the carts and/or the retail location that eliminate the possibility of carts being removed from the inside of the retail location; use of courtesy clerks to accompany customers and return carts to the store; use of security personnel to prevent removal; security deposit for use of cart; other demonstrably effective measures acceptable to the city and likely to prevent cart removal from the premises.
6) Employee training. A description of an ongoing employee training program that shall be implemented by the owner, and designed to at least annually educate new and existing employees on the abandoned cart prevention plan and conditions contained therein.
7) Mandatory cart retrieval.
I) A plan for the retrieval of abandoned carts by the owner within 24 hours of removal, or a copy of a contract with an Alhambra-licensed and approved retrieval service.
II) All contracts for retrieval must include language prohibiting limits on daily loads and/or limits on daily or weekly drop-off of abandoned carts.
Sectoin 9.77.120: Fees
a) Every owner required to submit an abandoned cart prevention plan, a request for exemption, or an application for a modification of such plan shall at the same time also submit a fee established by the City Council, in the amount set forth in the city's general fee schedule.
Section 9.77.130: Plan Approval or Denial and Penalties
a) Each business owner shall submit an abandoned cart prevention plan in compliance with this chapter, beginning on October 23, 2007, the effective date of this chapter.
1) In implementing this chapter for the period beginning on October 23, 2007, and ending December 31, 2007, the City Manager shall provide not less than 60 days written notice to each owner of the date due for the owner’s initial abandoned cart prevention.
2) The City Manager may approve or deny the proposed plan and notify the owner of such decision within 60 days of receipt of the plan.
3) If approved, the abandoned cart prevention plan shall be implemented by the owner no later than 30 days from the date of approval.
4) After December 31, 2007, the owner shall comply with the provisions of this chapter, regardless of the receipt of written notice from the City Manager.
b) The City Manager may deny a plan based upon any of the following grounds:
1) Implementation of the plan would violate provisions of the building, zoning, health, safety, fire, police or other municipal codes, or any county, state, or federal law that substantially affects public health, welfare or safety;
2) The plan fails to include all the information required by this chapter;
3) The plan is insufficient or inadequate to prevent removal of carts from the owner's premises;
4) 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;
5) Implementation of the plan would violate a term or condition of another city policy or requirement of this code;
6)The owner has knowingly made a false statement of fact, or omits a fact required to be revealed in an application for a plan, or in any addendum or report or other information required to be provided regarding the plan.
c) If the plan is rejected as incomplete or inadequate, the City Manager shall indicate the areas of incompleteness or inadequacy, and the owner shall have an additional 30 days in which to resubmit a corrected plan.
d) An owner who fails to submit a complete plan, or fails to implement approved plan measures, or fails to comply with the approved plan measures, shall be subject to enforcement of these requirements through any lawful means available to the city.
e) The City Manager's denial of a plan shall be final.
Section 9.77.140: Plan Modification
a) At any time subsequent to the City Manager's approval of an abandoned cart prevention plan, the owner may request a modification of a previously approved plan to address a change in circumstances, an unanticipated physical or economic impact of the plan, or a need to modify an ineffective plan.
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