CHAPTER 7.52: SHOPPING CART CONTAINMENT AND RETRIEVAL BY OWNERS
Section 7.52.030: Cart Containment Plan
a) Except as otherwise provided in this chapter, every owner who provides shopping carts to customers for use on the premises of any retail establishment shall develop, implement and comply with the provisions of a written plan approved by the City to prevent customers from removing shopping carts from the premises of such business without authorization of the owner (the “cart containment plan”). The cart containment plan, at a minimum, shall include the following elements:
Section 7.52.010: Signs Affixed to Carts.
a) Every shopping cart made available for use by customers shall have a sign permanently affixed to it that identifies the owner of the cart of the retailer or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; notifies the public that the unauthorized removal of the cart from the premises of the business, or the unauthorized possession fo the cart, is a violation of state law, and lists a valid telephone number or address for returning the cart removed from the premises to the owner or retailer.
Section 7.52.020: Notice to Customers.
a) Written notice shall be provided to customers, both in English and Spanish, that removal of shopping carts from the premises is prohibited by state law. Such notice may be provided in the form of flyers distributed on the premises, warnings printed on shopping bags, direct mail, website notices or any other means demonstrated to be effective. The cart containment plan shall identify the specific measures to be implemented to comply with this notice requirement. In addition, conspicuous signs shall be placed and maintained on the premises near all customer entrances and exits and throughout the premises, including the parking area, warning customers that removal of shopping carts from the premises is prohibited by state law.
Section 7.52.030: Physical Measures.
a) Specific physical measures shall be implemented and maintained by the owner to prevent, deter or impede the removal of shopping carts from the premises. Such physical measures shall be specifically identified in the cart containment plan and may include, but are not limited to, the following: disabling devices installed and maintained on carts, maintaining one or more security guards assigned the responsibility to deter or stop customers from removing shopping carts from the premises, preventing any shopping carts to be taken outside the confines of building exits unless accompanied by an employee of the business, bollards and chains in locations between the business exits and the parking area which effectively prevent transporting shopping carts into the parking area or off the premises, requiring security deposits by customers for cart use, or rental or sale of carts to customers.
Section 7.52.040 Daily Cart Confinement.
a) All shopping carts located on the premises of the retail establishment (other than an establishment open for business 24 hours per day) shall be collected at the end of each business day by employees of the retail establishment and shall be collectively confined in a secure manner at the cart containment area on the premises as designated in the cart containment plan until the commencement of the next business day. All shopping carts located on the premises of any retail establishment open for business 24 hours per day, other than carts then currently in use by a customer or patron, shall be collected by employees of the retail establishment and returned to the cart confinement area on the premises as designated in the cart containment plan at least once per calendar day between the hours of 9:00 p.m. and 12:00 midnight on each day the retail establishment is open for business. The provisions of this subsection .040 shall not apply to any shopping carts located within an enclosed building.
Section 7.52.050: Employee Training.
a) The owner of the retail establishment shall implement and maintain a periodic training program for its new and existing employees designed to educate such employees concerning the requirements of the cart containment plan and the provisions of state law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment. The cart containment program shall expressly describe the employee training program.
Section 7.52.060: Collaboration with Other Businesses.
a) 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 plan.
Section 7.52.070: Exemptions.
a) The requirements of this Section 7.52.030 shall not apply to any retail establishment which provides a total of five or less shopping carts for use by customers of such business, or which retail establishment complies with the requirements of Section 7.52.040 of this chapter. (Ord. 6013 §1 (part); February 7, 2006.)
Section 7.52.040: Cart Retrieval Plan
a) Except as otherwise provided in this chapter, every owner who provides shopping carts to customers to use on the premises of any retail establishment shall develop, implement and comply with the provisions of a written plan approved by the City to provide for the retrieval of lost, stolen or abandoned shopping which have been removed from the premises of the retail establishment (the “cart retrieval plan”). The shopping cart shall be released to any establishment or person who submits evidence satisfactory to the custodian to prove ownership or the right to possession of the shopping cart. The shopping cart shall be released only upon payment of the retrieval fee and applicable storage charges as established by resolution of the City Council of the City; provided, however, no fee shall be required in any instance where the owner or person entitled to possession of the shopping cart proves to the satisfaction of the custodian that said shopping cart was not a lost, stolen or abandoned shopping cart within the meaning of this chapter. --- The owner of a shopping cart shall pay a fine, and there is hereby imposed upon such owner as a debt owing to the City, the sum of fifty dollars for each occurrence in excess of three occurrences during any six-month period for failure to retrieve shopping carts in accordance with Section 22435.7 of the Business and Professions Code of the State of California.
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