ORDINANCE OF THE COUNCIL OF THE CITY OF ANDERSON ORDINANCE NO.794 AN ORDINANCE OF THE CITY OF ANDERSON, CALIFORNIA, ADDING CHAPTER 8.57 TO TITLE 8 OF THE ANDERSON MUNICIPAL CODE, RELATING TO ABANDONED SHOPPING CARTS
THE COUNCIL OF THE CITY OF ANDERSON DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.57 is added to Title 8 of the Anderson Municipal Code to read: CHAPTER 8.57 ABANDONED SHOPPING CARTS
This article shall be known as the "Abandoned Shopping Cart Ordinance."
8.57.02 - Findings and Purpose.
The accumulation of abandonment of carts, sometimes wrecked and/or dismantled on public and private property tends to create conditions that reduce property values, create environmental damage, promote blight and deterioration and result in a public nuisance. This article is intended to insure that measures are taken by the owners of shopping carts to prevent the removal of the shopping carts from the owner's premises, to make removal of the cart a violation of this Code, and to facilitate the retrieval of abandoned shopping carts in a manner consistent with State law.
8.57.04 - Unlawful Possession and Abandonment Of Carts.
Any person who violates any prohibition of this section is guilty of a misdemeanor as provided in California Business and Professions Code Section 22435.2. This section shall not apply to carts removed as authorized by the owner, including for carts removed for the purposes of maintenance, repair or disposal.
A. It shall be unlawful for any person to remove a shopping cart or laundry cart from a retail establishment with the intent to temporarily or permanently deprive the owner of possession of the cart
B. lt shall be unlawful for any person to be in possession of any shopping cart that has been removed from a retail establishment with the intent to temporarily or permanently deprive the owner of possession of the cart
C. lt shall be unlawful for any person to be in possession of any shopping cart with serial numbers removed, obliterated, altered, or defaced with the intent to temporarily or permanently deprive the owner of possession of the cart.
D. lt shall be unlawful for any person to leave or abandon a shopping cart at a location other than the retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
E. It shall be unlawful for any person to alter, convert, or tamper with a shopping cart or laundry cart, or to remove any part or portion thereof or to remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or permanently deprive the owner or retailer establishment possession of the cart.
F. It shall be unlawful to be in possession of any shopping cart or laundry cart while that is not located within the retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart
8.57.5 - Cart Owner Requirements.
All owners of carts shall comply with the requirements of this section.
A. Cart Identification Required. Every owner of shopping carts, as defined by this article, shall mark or cause the cart to be marked and identified conspicuously with the following information in English: the name of the owner; and a notice that provides that the removal of the cart from the retail establishment is a violation of State Law. Every owner shall cause each cart to be conspicuously marked in a readily readable area with the name of a party that is responsible for retrieval of the cart
B. Daily Cart Retrieval. All entities and persons offering the use of shopping carts in the City of Anderson, regardless of the number of carts owned, shall ensure that all carts are secured from public access after the close of business hours.
C. Abandoned Cart Prevention Plan. Every owner who allows or intends to allow the use of shopping carts outside the building of a business shall develop, implement and comply with the terms and conditions of an Abandoned Cart Prevention Plan to prevent the unauthorized removal of shopping carts from the owner's retail establishment and, if removed, to retrieve the shopping cart within twenty-four (24) hours of the removal or notice of the removal. The Abandoned Cart Prevention Plan shall be submitted on a renewable annual basis and 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
(2) Inventory of Carts. A representation of the total number of carts maintained on the owner's premises.
(3) Signs. Multi-lingual signs shall be placed prominently and conspicuously at all entrances and exits to the cart owner's premises, including the parking areas, that provide a notice of substantially the following information at no less than forty eight (48) size font: "REMOVAL OF SHOPPING CARTS FROM THESE PERMISES IS PROHIBITED BY STATE LAW (B&P § 22435.2) AND WILL SUBJECT THE VIOLATOR TO A MAXIM UM FINE OF $1,000.00 AND/OR ONE YEAR IN JAIL."
(4) Physical Loss Prevention Measures. A description of the specific physical measures that the owner shall implement to prevent cart removal from the premises. These measures may include, but are not limited to, policing to ensure cart security is had, electronic or other disabling devices on the carts so they cannot be removed from the retail establishment, effective management practice to prevent carts from being removed from the retail establishment, use of courtesy clerks to accompany customers and return the carts to the physical premises within the retail establishment, use of security personnel to prevent removal, payment of security deposit for use of cart, or other measures that are proven to prevent shopping cart removal from the premises and that is acceptable to the City.
(5) Mandatory Cart retrieval. A plan for retrieval of abandoned carts, including the requirements of sub-section (b) of Chapter 8.57 of the Municipal Code, and plans for the recovery of all abandoned carts within twenty-four (24) hours. This plan must include either a plan for the owner or owner's employees to retrieve the shopping carts or for the owner to have entered into a contract for retrieval services that meets the obligations of Chapter 8.57 of the Municipal Code. The plan for retrieval shall include providing to the City, the name and toll free telephone number of the party who will be responsible for the retrieval of the carts which the City may publish. Whoever is identified by the owner as the party responsible for retrieval of the carts shall be made available for cart retrieval six (6) days a week, eight (8) hours a day or during the owner's business hours, whichever is shorter.
(6) Multiple Businesses. Two or more businesses may collaborate and submit a single plan.
D. Administration of the Abandoned Cart Prevention Plan. The Abandoned Cart Prevention Plan shall be administered under the provision of this subsection.
(1) At the time the owner submits the Abandoned Cart Prevention Plan, the owner shall pay a fee for the review and administration of the plan as set forth in the Master Fee Schedule.
(2) The City must approve or deny the Abandoned Cart Prevention Plan within fourteen (14) days of its submission. The plan may be denied on the grounds that it fails to include the elements required under this section or the plan is inadequate or insufficient to fulfill those required elements. If the plan is denied, the City shall do so in writing and provide an explanation for the basis of its decision. The owner has twenty (20) days, subject to an extension by the City, to submit a new plan or appeal the City's decision to the City's Hearing Officer appointed under Section 8.28.150. The Hearing Officer decision shall be final unless challenged in Superior Court under the laws governing the same.
(3) Once a plan is approved, the owner has thirty (30) days to begin implementation. If, at any time after the plan has been approved, the City determines that the plan is inadequate to fulfill the required elements of this section, the City may, in writing, require the owner to modify or submit a new plan. Such modification may include, but not limited to, requiring the owner to identify a new person to retrieve abandoned carts or changing the physical loss prevention measures. If the City requires the owner to modify or submit a new plan, the owner shall be given a reasonable time to comply and shall be provided an appeal to the City's Hearing Officer, and any decision rendered therefrom shall be final unless challenged in the Superior Court under the laws governing the same. A new plan or modified plan is subject to a fee for its review as provided in the Master Fee Schedule.
E. Violations. Violation of any provision of this section, including, but not limited to, failure to submit a plan or comply with a plan submitted, or failure to conduct the required daily sweep, is a violation of this article and deemed a public nuisance, and the City may pursue any available remedy provided under its Code for a code violation, including the issuance of an administrative citation or order to show cause.
8.57.6 - City Retrieval of Carts.
The City may retrieve an abandoned shopping cart from public property (or private property with the consent of the property owner) in the following circumstances:
A. Where the location of the shopping cart will impede emergency services.
8. When the abandoned cart does not identify the owner of the cart
C. After the City has contacted either the owner, the owner's agent, or the entity with by the owner under the Abandoned Cart Prevention Plan and actually notified them of the abandoned cart and the cart has not been retrieved within seventy-two (72) hours.
8.57.7 - lmpoundment, Retrieval, Payment of Costs.
A. If the City retrieves a cart, the city shall hold the cart at the location that is reasonably convenient to the owner of the shopping cart and open for at least six (6) hours on business days.
B. Where the City has not already provided notice to the owner that an abandoned cart needs to be retrieved, the City shall notify the owner that the City has impounded their cart and provide information as to the cart's location, how the cart may be retrieved, that failure to retrieve the cart may result in the cart's sale or destruction, that the owner will be responsible for the City's costs in doing so, and that the City may fine owners after the City has picked up the owner's carts more than two times. In the case of a cart that does not provide adequate identification or markings to determine its owner the City shall only be required to notify the cart owner if the city obtains actual knowledge of the owner's identity.
C. If a cart is not retrieved by its owner within seventy-two (72) hours after the owner has received notice of the cart being impounded, or if the cart's owner cannot be determined, within seventy-two (72) hours after the cart has been impounded, the cart may be sold or destroyed by the City or its agents and/or contractors.
D. The City may issue an administrative citation of fifty dollars ($50.00) against any cart owner for any day, after the first three days, during any specified twelve-month period, in which the City picks up a cart under the circumstances found in in Chapter 8.57 of this Code.
E. No cart shall be released to its owner under the procedures in this section unless the owner pays a fee for the City's actual costs to retrieve and store the cart. The City's costs to retrieve and store may be provided in the Master Fee Schedule.
8.57.8 - Immediate Retrieval by City Of ldentified Carts.
Notwithstanding any other section of this article, the City may immediately retrieve a cart that does have the appropriate markings and identification under Section 8.57.0S(a) provided the City actually notifies the person/entity entitled to its possession within twenty-four (24) hours that the City has impounded the cart and provides information to the person/entity entitled to its possession where and how the cart may be retrieved. The City may not collect a fee or impose a fine, nor count a retrieval for purposes of a fine under Section 8.57.07(d), if the cart retrieved by the City under this section is collected by the owner within three (3) business days of the actual notice to the owner by the City. If the cart is not retrieved within three (3) business days by its owner, the City may collect its actual costs and impose a fine and dispose of the cart consistent with the provisions of Section 8.57.07.
8.57.9- Severability Clause.
If any provision, paragraph, word or section of this article is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, and sections shall not be affected and shall continue in full force and effect.
8.57.10- Cumulative Remedy.
Nothing herein is intended to limit the City from pursuing any other remedy available at law or in equity against any person or entity maintaining, committing, or causing a public nuisance or any other violation of the Code or State or Federal law.
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