ORDINANCE NO. 965: CHAPTER 9.92
Section 9.92.010: Purpose and intent.
a) The proliferation of lost, stolen, or abandoned shopping carts on public and private property causes blighting conditions in the community, results in the obstruction of free access to public and private sidewalks, streets, parking lots, and other ways, interferes with pedestrian and vehicular access on public and private streets, and impedes emergency services. Abandoned shopping carts also clog storm drain channels, reducing their ability to function properly, by trapping debris and trash and thereby creating flooding hazards. The purpose of this chapter is to set forth regulations to ensure that reasonable measures are taken by the owners and operators of businesses which provide shopping carts for the convenience of customers to either prevent the removal of shopping carts from business premises and parking lots, or provide for the prompt retrieval of lost, stolen, or abandoned shopping carts, to complement and supplement provisions of state law, and to adopt local regulations to the extent not otherwise preempted by state statue. This chapter may be cited as the "shopping cart ordinance."
Section 9.92.020: Definitions.
a) "Abandoned, lost, or stolen shopping cart" means a shopping cart which is either (i) removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart or retailer otherwise entitled to possession of such cart, or (Ii) left unattended, discarded, or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed shall be presumed lost, stolen, or abandoned, even if in the possession of any person, unless such person in possession thereof either (1) is the owner, or any employee or authorized agent of the owner, entitled to possession of said shopping cart, (2) is an officer, employee, or agent of a cart retrieval service hired by the owner to retrieve such shopping carts, (3) is an enforcement officer retrieving, storing, or disposing of said cart pursuant to provisions of this chapter, or (4) has written permission or consent to be in possession of said shopping cart from the owner entitled to possession of said shopping cart.
b) "Agent" means the person or persons designated in the by the shopping cart control plan who the owner of the shopping cart authorizes as the person(s) to perform or provide retrieval services on behalf of the owner. The agent may be the owner if so designated in the city approved shopping cart control plan.
c) "City" means the city of Stanton, California.
d) "Director means the community development director of the city.
e) "Enforcement personnel" means any police officer or code enforcement officer employed by the city.
f) "Owner" means any person or entity, who in connection with the conduct of a business, owns, leases, possesses or makes a shopping cart available to customers or the public. For the purposes of this chapter, owner shall also include the owner's agent.
g) "Parking area" means a parking lot or other property provided by a retail establishment for the use of customers of said retail establishment for parking of customer vehicles. The parking area of a retail establishment located in a multi-store complex or shopping center shall include the entire parking area used by the multi-store complex or shopping center.
h) "Premises" means the entire area owned, occupied, and/or utilized by an owner which provides shopping carts for use by customers or other persons, including any parking lot or other property provided by or on behalf of the owner for customer parking use.
i) "Retail establishment" means any business located in the city which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, or is a private club or business, or is a membership store.
j) "Shopping cart" or "cart" means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.
Section 9.92.030: Shopping cart control plans.
a) Every owner of a retail business establishment or other commercial use within the city that provides more than ten (10) shopping carts for customer use shall prepare, submit, implement, and comply with the terms and conditions of a shopping cart control plan to prevent the unauthorized removal of any shopping cart from the owner's premises and, if removed, provide for the retrieval of the shopping cart within time periods set forth in this chapter. The owner shall have the obligation to provide a shopping cart control plan, in a written document, together with appropriate site plan, to the director. The shopping cart control plan, at minimum, shall include the following:
b) Shopping Cart Identification Required. Every shopping cart made available for use by customers shall have a sign permanently affixed to it that identifies the address of the business establishment for shopping cart return, the owner of the cart or the retailer or both or the store identification number; notifies the public that the unauthorized removal of the cart from the premises of the business, or the unauthorized possession of the cart, is a violation of state and local law, and lists a valid telephone number or address for returning the cart removed from the premises to the owner or retailer. Any shopping cart found abandoned that does not have the identification and information required by this section may be removed and disposed of by the city in accordance with state law.
c) Notice to Customers. Written notice shall be provided to customers, in both 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. In addition, conspicuous signs shall be placed and maintained on the premises near all customer entrances and exists and throughout the premises, including the parking area, warning customers that removal of shopping carts from the premises is prohibited by state law.
d) Daily Cart Confinement. 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 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 at least once per calendar day between the hours of 9:00 PM and 12:00 AM on each day the retail establishment is open for business. The provisions of this subsection shall not apply to any shopping carts located within an enclosed building.
e) Employee Training. The owner of the retail establishment shall implement and maintain a periodic training program for is 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.
f) Retrieval Personnel. The owner shall provide personnel for purposes of the retrieval of lost, stolen, or abandoned shopping carts. Such personnel may be either employees of the business or one of more independent contractors hired by the owner to provide shopping cart retrieval services, or a combination of both. The cart retrieval plan shall either (i) identify the number of employees who will be assigned such cart retrieval duties, the number of total hours per week that each assigned employee will perform such services (in addition to any on premises retrieval duties to which such employee may be assigned), and the training each of such personnel has received or will receive concerning the retrieval of lost, stolen, or abandoned shopping carts, or (ii) include a copy of each contract with a cart retrieval service (other than confidential information which may be retracted from the contract). For purposes of this section, those persons identified in the cart retrieval plan as providing cart retrieval services, whether employees of the business or independent contract services, shall be referred to in this section as retrieval personnel. The owner shall provide written authorization to all retrieval personnel, which authorization shall be carried by each such person while performing cart retrieval services on behalf of the owner and shall be provided to any enforcement personnel upon request. Each vehicle used by retrieval personnel shall bear conspicuous signs on the vehicle identifying either the name of the retail establishment for which such retrieval service is being performed or, if applicable, the name of the cart retrieval service with which the retail establishment has contracted for such services.
g) Prompt Retrieval of Carts. The owner shall provide retrieval personnel in sufficient number to assure that all public streets within a minimum one-mile radius of the premises of the retail establishment are patrolled not less than every forty-eight hours, and all bus stops within a minimum one-mile radius of the retail establishment are patrolled not less often than every twenty-four hours, and each lost, stolen, or abandoned shopping cart owned or provided by the retail establishment which is found as a result of such patrols is immediately retrieved and removed from any public or private property upon which the cart is found. The cart retrieval plan shall identify the perimeter of streets and bus stops in which all streets within the perimeter area will be patrolled as required by this subsection; the manner, frequency, and times of such patrols; and the procedures to be employed by the retail establishment to identify and retrieve any lost, stolen, or abandoned shopping carts. The cart plan shall identify the number of trucks, hours of operation of the retrieval personnel, and such other information as reasonably required by the city to assure that the owner is devoting sufficient resources to cart retrieval operations to comply with the provisions of this section and the approved cart containment plan.
h) Collaboration with Other Businesses. 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.
i) Owners of retail business establishments or other commercial uses within the city that provide more than ten (10) shopping carts with an electronic locking system or other similar disabling/prevention device shall not be required to submit a shopping cart control plan and will not be subject to Sections "b" through "h" above. However, such business establishments will be required to provide retrieval personnel in sufficient number to assure that all public streets and bus stops within a minimum one-mile radius of the premises of the retail establishment are patrolled not less than every forty-eight hours.
Section 9.92.040: Plan Approval.
a) All owners that provide ten (10) or more shopping carts, except as noted above, shall submit a shopping cart control plan in compliance with this chapter to the director.
b) All new businesses established after the effective date of this chapter, except as noted above, must file a plan prior to issuance of a business license for that new business.
c) The director may deny a plan based on any of the following grounds:
1) Implementation of the plan violates any provision of the building, zoning, health, safety, fire, police, or other provision of this code or any county, state, or federal law which substantially affects public health, welfare, or safety;
2) The plan fails to include all of the information required by this chapter;
3) The plan is insufficient or inadequate to prevent removal of shopping carts from the premises;
4) The plan fails to address any special or unique conditions due to the geographical location of the premises as they relate to shopping cart retention and prevention efforts;
5) Implementation of the plan violates a term or condition of a plan or other requirement of this Code;
6) The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report 'or other information required to be made.
d) If the plan is rejected as incomplete or inadequate, the director shall indicate areas of incompleteness or inadequacy, and the owner shall have an additional thirty days in which to resubmit a complete and adequate plan. An owner may appeal the decision of the director as provided in section 9.92.110.
e) An owner who fails to submit a complete plan to the satisfaction of the director, or fails to implement approved plan measures will be subject to enforcement of these requirements through any lawful means available to the city, including without limitation institution of the administrative remedies process pursuant to chapter 1.12.
Section 9.92.050: Retrieval, storage and disposal of shopping carts.
a) The City may immediately retrieve any lost, stolen, or abandoned shopping cart within the City where the location of the shopping cart will impede emergency services.
b) If the shopping cart has the name, address, telephone number, or other identifying marks of any retail establishment or person thereon, the City shall attempt to notify such establishment or person of the retrieval and location of the shopping cart and provide an opportunity for such establishment or person to establish ownership or the right to possession of the retrieved shopping cart to the custodian. In addition, if the shopping cart was retrieved from private property, the City shall attempt to notify the owner or occupant, if any, of such property and provide an opportunity for such owner or occupant to establish ownership or the right to possession of the retrieved shopping cart to the custodian.
c) The City may immediately retrieve any lost, stolen or abandoned shopping cart within the City which shopping cart does not have the required identification affixed.
d) The City may immediately retrieve any lost, stolen, or abandoned shopping cart within the City which shopping cart has the required identification affixed thereto, provided the City provides notice to the owner of the shopping cart, or his or her agent within 24 hours of retrieval, unless such notice has been voluntarily waived by the owner or his or her agent.
e) Any shopping cart retrieved by the City shall be impounded and removed to the cart storage yard.
f) Any shopping cart impounded by the City shall be stored and disposed of as follows:
1. The public works personnel retrieving the shopping cart shall attach a tag thereto, or make a written report, identifying the date, time, and general location where the shopping cart was removed as well as the name of the enforcement personnel who retrieved the shopping cart.
2. The shopping cart shall be delivered and custody thereof given to the custodian at the cart storage yard.
g) 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.
h) Notwithstanding section D, above, where notice to the owner cannot be provided within 24 hours, any shopping cart not reclaimed by the owner within three business days following the date of actual notice shall be subject to the applicable removal and storage fees commencing on the fourth business day following the date of the notice. Notice of such fees shall be noted in the initial notice.
i) 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.
j) Any shopping cart not reclaimed by the owner within thirty (30) days of the date the cart was first removed shall be sold at public auction. If in the reasonable determination of the City's purchasing officer, the shopping cart or part thereof has no resale value, it may be destroyed or sold as salvage.
Section 9.92.060: Notice of removal and storage.
a) Upon the abatement, removal and storage of any shopping cart under this chapter, the City shall attempt to notify the owner of the shopping cart by sending a "Notice of Abatement" by first class mail to the last known address of the owner or retailer as shown on the shopping cart. Such notice shall state substantially the following:
b) "On [date], your shopping cart was found unattended on [private or public] property located at [address]. Pursuant to the Stanton Municipal Code, unattended shopping carts are deemed to be a nuisance. The shopping cart is being stored at the city yard. You may retrieve your shopping cart by calling 714-379- 9222 or personally appearing at city hall (7800 Katella Avenue, Stanton, CA). You will be required to pay the City's costs for removing and storing the shopping cart prior to it being released into your possession. If you believe that the shopping cart was removed in error you may request a hearing by submitting a written request for such a hearing to the Director of Community Development at 7800 Katella Avenue, Stanton, CA 90680. Such a request for hearing must be received by the City within fifteen (15) calendar days of the date of the notice. Failure to request a hearing within this time period shall result in a waiver of such hearing. The shopping cart will be sold or destroyed after thirty (30) days of its removal if unclaimed. Shopping carts which have insufficient information to apprise the City of ownership of the retailer may be sold or destroyed after thirty (30) days of removal without notice."
Section 9.92.070: Agreements with owners.
a) Notwithstanding any other provision of this chapter to the contrary, nothing contained in this chapter shall be deemed to impose a requirement upon the City to provide advance notice to a shopping cart owner or retail establishment prior to the retrieval and impounding of a shopping cart to the extent the City and the owner or retail establishment have entered into an agreement which waives such requirement. The director is hereby authorized to enter into such agreements on behalf of the City.
Section 9.92.080 Fees.
a) Unless otherwise provided in this chapter, the fees to be charged for the removal and storage of shopping carts by the City shall be established by resolution of the City Council and shall not exceed the City's estimated reasonable cost for such removal and storage.
Section 9.92.090: Fines for violations.
a) The owner of a shopping cart shall pay a fine, and there is herby imposed upon such owner in the amount 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 this chapter.
b) If more than six violations of the cart containment plan occur within a one year period for failure to retrieve shopping carts, the director may require that the owner employ electronic or other disabling devices so that shopping carts cannot be removed from the premises.
Section 9.92.100: Modification or revocation of control plans.
a) An approved plan may be revoked by the director, or modified in lieu of revocation in the exercise of the director's sound discretion, upon any of the following occurrences:
1) The owner is operating, or is permitting operation, of the retail business in violation of one or more provisions of the plan and has failed to correct such violations for a period of at least fifteen (15) calendar days following date of receipt of written notification of such violation(s) from the city.
2) The plan is inadequate to either reasonably prevent the removal of shopping carts from the premises, or reasonably ensure the prompt retrieval of written notification of such violation(s) from the city.
3) The owner has failed to comply with any of the provisions of this chapter.
4) The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the plan, or in any amendment or report or other information required to be made. Upon determining the existence of any of the grounds for revocation of a plan in accordance with this section, the director shall issue to the owner a notice of intended decision to revoke or modify the plan. The notice of intended decision shall include the following elements:
I) All the grounds upon which the revocation or modification is based.
II) Advise the owner that the revocation or modification shall become final unless the owner files a written request for hearing before the director within ten (10) calendar days of the date of service of the notice of intended decision to revoke or modify the plan.
III) Specify the effective date of the revocation or modification of the plan.
Section 9.92.110: Hearing. If a hearing is requested in writing in accordance with this chapter, it shall be held within thirty (30) calendar days of receipt of such request.
a) The hearing shall be conducted by the Director of Community Development or his designee. The director shall serve a notice of hearing on the owner at least ten (10) days prior to the scheduled date of the hearing. The hearing officer shall conduct the hearing and receive evidence. The owner shall be given the opportunity to present witnesses and relevant documentary evidence. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the director of hearing officer deems reliable, relevant, and not unduly repetitious may be considered. The City shall have the burden of proving by a preponderance of the evidence that such removal was valid under this chapter. If the City fails to carry its burden, the shopping cart shall be released without the payment of the City's costs. The owner or agent may retrieve the cart anytime within thirty (30) days of the date the cart was first removed. Retrieval of the shopping cart shall be the responsibility of the owner.
b) The decision by the director or hearing officer after hearing shall become final unless the owner files an appeal within the time period specified in section M of this chapter.
Section 9.92.120: Appeal.
a) Any person aggrieved by the findings and determination of the director after a hearing under this chapter may, within ten days after notice thereof has been sent by mail to the owner, file a written request with the city clerk for a hearing by the city council to review such decision. Upon the filing of such a request, the city clerk shall set such hearing and, unless waived in writing by such person, shall serve a notice of the time and place thereof by mail to the person making such request at the address shown in city records at least fifteen days in advance of such hearing. The city council may affirm, affirm with conditions or deny the appeal of the decision of the director and such decision of the city council shall be final and conclusive.
Section 9.92.130: Penalties - Public nuisance.
a) It shall be unlawful for the owner of any retail establishment that provides the (10) of more shopping carts to provide or offer any shopping carts for customers without an approved shopping cart plan as required by this chapter. Furthermore, it shall be unlawful for any owner of a retail establishment to conduct business contrary to the terms of an approved shopping cart plan.
b) It shall be unlawful for any owner to provide any shopping cart for customer use that does not contain the signage required by this chapter.
c) Violations of this section and/or this chapter shall be punishable as provided in Chapter 1.12. Each day of violation of any provision of this chapter shall be a new and separate violation.
d) It is hereby declared to be a public nuisance for unattended shopping carts to be located on either public property or on private property without the owner's consent. Any retail establishment in the city that maintains, or allows to be maintained, shopping carts contrary to, and in violation of, the provisions of this chapter, is hereby declared to be a public nuisance. Any violation may be abated by the city through civil proceedings by means of a restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. Any person who violates any of the provisions of this chapter shall be responsible for the city's reasonable attorney fees and legal costs associated with the abatement."
SECTION 4: For the initial plans required pursuant to this Ordinance, the director shall establish a schedule for submittal of plans. The director shall give written notice to each owner of the deadline for submittal of a plan. The schedule shall provide at least 60 days from notice to submit a plan. The director may approve or deny the proposed plan and shall notify the owner of such decision. If approved, the shopping cart control plan shall be implemented by the owner no later than time specified in the approval, which shall not be more than sixty (60) days from the date of the director's notice of approval. Notwithstanding the foregoing, the obligations imposed by this chapter shall be fully implemented no later than one hundred eight (180) days from the effective date of this Ordinance.
SECTION 5: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6: The City Clerk shall certify to the adoption of the Ordinance and cause same to be posted in the three (3) designated posting places within the City of Stanton within fifteen (15) days after its passage.
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