Cart Ordinances

Carson, CA

Carson, CA
§ 4129.5 Abandoned Shopping Carts – Declaration of Nuisance.
The City Council makes the following findings and declarations: the presence of wrecked, dismantled, or abandoned shopping carts, or parts thereof, creates a condition tending to reduce property values, impede emergency services, promote blight and deterioration, constitute an attractive nuisance by creating a hazard to the health and safety of minors, and create an aesthetic that is detrimental to the community and injurious to the health, safety and general welfare of the City’s residents. Therefore, the presence of wrecked, dismantled or abandoned shopping carts, or parts thereof, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of CMC 4129.5, et seq. (Ord. 07-1371, § 1)
§ 4129.5.1 Abandoned Shopping Carts – Definitions.
The following words, terms and phrases, when used in CMC 4129.5, et seq., shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Abandoned shopping carts” means any unattended shopping carts left on any public or private property outside the premises or parking area of the retail establishment owning the shopping carts without the written consent of the owner.
“Abandoned shopping carts prevention plan” means a document submitted by the responsible business owner as required by CMC 4129.5.5.
“Abatement of shopping carts ” shall mean the removal of an abandoned shopping cart by the City or its appointed contractor.
“Agent” means the person or persons designated in an abandoned shopping carts prevention plan to provide abandoned shopping carts retrieval services on behalf of the owner of the business. The agent may be the owner if so designated in the approved abandoned shopping carts prevention plan.
“Manager” means the Public Safety Services Manager or such other official designated by the City Manager to administer CMC 4129.5, et seq.
“Owner” means the person or entity responsible for shopping carts whose name is required to appear on the shopping carts identification sign required by CMC 4129.5.2.
“Parkway” means the area between the edge of the roadway and the property line adjacent thereto. “Parkway” also includes any area within a roadway which is not open to vehicular travel.
“Premises” means the entire area owned, occupied, and/or utilized by a business owner who provides shopping carts for use by customers or other persons, and shall include any parking lot or other property provided by or on behalf of the owner for customer parking or use. 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 complex or center.
“shopping carts” means a non-motorized basket which is mounted on wheels or a similar device generally used in commercial establishments by a customer for the purpose of transporting goods of any kind. (Ord. 07-1371, § 2)
§ 4129.5.2 Abandoned Shopping Carts – Identification of shopping carts .
Any establishment providing shopping carts to its customers shall permanently affix to each shopping carts an identification sign of the type described in Section 22435.1 of the California Business and Professions Code which (1) identifies the owner of the shopping carts or the retailer, or both; (2) notifies the public of the procedure to be utilized for authorized removal of the shopping carts from the premises; (3) notifies the public that the unauthorized removal of the shopping carts from the premises or parking area of the retail establishment or the unauthorized possession of the shopping carts is a violation of State and local law; and (4) lists a valid telephone number or address for returning the shopping carts removed from the premises or parking area to the owner or retailer. (Ord. 07-1371, § 3)
§ 4129.5.3 Abandoned Shopping Carts – Impoundment of shopping carts with Identification Signs.
The impoundment procedures contained in this Section shall apply only to shopping carts that have the identification sign required by CMC 4129.5.2. A fine imposed pursuant to this Section may be appealed pursuant to CMC 4129.5.13.
(a) Any abandoned shopping carts may be impounded by the City at the owner’s cost if, prior to said impoundment, the City provides to the owner or the owner’s agent a minimum of three (3) business days’ actual notice of the shopping carts’s discovery and location. Notice may be given by any appropriate means, including by telephone. After said impoundment, the City shall notify either the owner of the shopping carts or its agent, either by telephone or in writing, that the City has impounded the shopping carts and the address at which the shopping carts is then located. Any owner or agent wishing to reclaim a shopping carts impounded pursuant to this subsection may appear during normal business hours at the applicable location and reclaim the shopping carts upon paying the $50.00 fine authorized by Business and Professions Code Section 22435.7(f), if applicable, and the City’s actual costs incurred for impoundment and storage of the shopping carts. The fine shall only be required to be paid if the owner or the agent fails to retrieve one (1) or more shopping carts within the applicable three (3) day period on three (3) separate occurrences within any six (6) month period.
(b) Alternatively, any abandoned shopping carts may be immediately impounded by the City if, within twenty-four (24) hours of the shopping carts ’s impoundment, the City notifies the owner or the agent that the shopping carts has been impounded and the location at which the shopping carts was impounded. Any owner or agent wishing to reclaim a shopping carts impounded pursuant to this subsection may appear during normal business hours within three (3) business days of the date of notice at the location and times indicated in the notice to reclaim the shopping carts free of charge. Any shopping carts reclaimed within the three (3) business day period shall not be deemed an “occurrence” for the purposes of assessing the fine referred to in subsection (a) of this section. Any shopping carts not reclaimed within three (3) business days shall be subject to the applicable fine imposed pursuant to subsection (a) of this section commencing on the fourth business day following the date of the notice.
(c) Any shopping carts which is abandoned in a location which will impede emergency services may be immediately impounded. (Ord. 07-1371, § 4)
§ 4129.5.4 Abandoned Shopping Carts – Impoundment of shopping carts without Identification Signs.
The impoundment contained in this Section shall apply only to shopping carts that do not have the identification sign required by CMC 4129.5.2.
Any abandoned shopping carts without an identification sign may be immediately impounded by the City at the owner’s cost. Within forty-eight (48) hours of said impoundment, the City shall attempt to notify the owner (if the identity of the owner is known or has been ascertained by the City), either by telephone or in writing, that the City has impounded the shopping carts and the location at which the shopping carts was impounded. Any owner wishing to recover a shopping carts impounded pursuant to this Section may appear during normal business hours within thirty (30) days of the date of the notice (or, if no notice is given because the identity of the owner is not known, within thirty (30) days after impoundment) at the applicable location, and reclaim the shopping carts upon paying the City’s actual costs incurred for impoundment and storage of the shopping carts .
A shopping cart that has not been retrieved within thirty (30) days may be disposed of pursuant to CMC 4129.5.15. (Ord. 07-1371, § 5)
§ 4129.5.5 Abandoned Shopping Carts – Mandatory Abandoned Shopping Carts Prevention Plan.
Every business owner who provides shopping carts, or allows or intends to allow the use of shopping carts , shall develop, implement and comply with the terms and conditions of an abandoned shopping carts prevention plan to prevent the unauthorized removal by any person of any shopping carts from the owner’s premises and, should shopping carts be removed, to retrieve such shopping carts within twenty-four (24) hours of the removal or notice of removal. Each owner’s abandoned shopping cart prevention plan shall include the following elements and be approved by the Public Safety Services Manager or such other official designated by the City Manager to administer CMC 4129.5, et seq.:
(a) Name of Business/Owner. The name of the owner and the business name; the physical address where the business is conducted; the name, address and phone numbers of the on-site and off-site owner, if different, and the name of the agent, if any.
(b) Inventory of shopping carts . A complete list of all shopping carts maintained on or in the premises.
(c) Community Outreach. A description of the community outreach process under which the owner shall cause notice to be provided to customers that the removal of shopping carts from the premises is prohibited and a violation of State and City law. This notice 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, an announcement using intercom systems on the premises or a website, or any other means demonstrated to be effective as determined by the Manager.
(d) Notice of Posting. There shall be posted by the owner of any retail establishment furnishing shopping carts for its customers, prominently and conspicuously, a notice in substantially the following form: “REMOVAL OF SHOPPING CARTS FROM THESE PREMISES IS PROHIBITED BY LAW.”
(e) Shopping Carts Identification. Shopping carts must be clearly and easily identifiable as to the business owner that has provided the shopping carts , including the business name and the physical address where the business is conducted.
(f) Loss Prevention Measures. A description of the specific measures that the owner shall implement to prevent shopping carts removal from the premises. These measures may include, but are not limited to, electronic or other disabling devices on the shopping carts so they cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return shopping carts to the store, use of security personnel to prevent removal, a security deposit for the use of a shopping cart, or any other measures determined, at the discretion of the Manager, to be likely to prevent the removal of shopping carts from the premises.
(g) Employee Training. A description of an ongoing employee training program that shall be implemented by the owner to educate new and existing employees on the abandoned shopping cart prevention plan and conditions contained therein, at least annually.
(h) Mandatory Shopping Cart Retrieval. A plan for retrieval of abandoned shopping carts by the owner within a twenty-four (24) hour time period of removal, or evidence of a contract with a City-licensed retrieval service to serve as the owner’s agent in such process. (Ord. 07-1371, § 6)
§ 4129.5.6 Abandoned Shopping Carts – Submittal of Mandatory Abandoned Shopping Cart Prevention Plan for Approval or Denial.
(a) Each business owner who offers shopping carts to its patrons shall submit an abandoned shopping cart prevention plan in compliance with CMC 4129.5, et seq., within thirty (30) days and beginning on April 2, 2007. For all new businesses that will offer shopping carts and which open after this deadline, each owner shall be required to comply with the provisions of CMC 4129.5, et seq., regardless of receipt of written notice from the Manager prior to commencement of operations. In implementing CMC 4129.5, et seq., for the period commencing upon adoption of the ordinance from which this section is derived, the Manager shall endeavor to provide no less than sixty (60) days’ written notice to each owner of the date that the owner’s initial abandoned shopping cart prevention plan is due.
Within thirty (30) days of receipt of a plan, the Manager may approve or deny any proposed plan and shall notify the owner of his or her decision. If approved, the abandoned shopping cart prevention plan shall be implemented by the owner no later than thirty (30) days from the date of approval. Each owner must comply with the provisions of CMC 4129.5, et seq., regardless of receipt of written notice from the Manager.
(b) The Manager may deny a proposed abandoned shopping cart prevention plan pursuant to his or her determination that:
(1) Implementation of the plan would violate provisions of the building, zoning, health, safety, fire, police or other City codes, or any county, State, or Federal law which substantially affects public health, welfare or safety.
(2) The plan fails to include all the information required by CMC 4129.5, et seq.
(3) The plan is insufficient or inadequate to prevent removal of shopping carts from the owner’s premises.
(4) The plan fails to address any special or unique conditions arising due to the physical location of the premises as they relate to shopping cart retention and prevention efforts.
(5) Implementation of the plan would violate a term or condition of another policy or requirement of a City code.
(6) The owner has knowingly made a false statement of fact, or omitted a fact required to be revealed in an application for an abandoned shopping cart prevention 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 Manager shall indicate the areas of incompleteness or inadequacy, and the owner shall have an additional thirty (30) days in which to resubmit a corrected plan.
(d) An owner who fails to (1) submit a complete plan, (2) implement approved plan measures, or (3) comply with the approved plan measures shall submit a new plan upon the City’s request and/or shall be subject to enforcement of these requirements in accordance with Chapter 2 of Article I, Penalty Provisions, of the Carson Municipal Code.
(e) The Manager’s denial of a plan may be appealed pursuant to CMC 4129.5.11(c). (Ord. 07-1371, § 7)
§ 4129.5.7 Abandoned Shopping Carts – Modification of an Abandoned Shopping Cart Prevention Plan.
The Public Safety Manager or such other official designated by the City Manager to administer CMC 4129.5, et seq., may request a modification to 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.
An owner may request a modification to 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. (Ord. 07-1371, § 8)
§ 4129.5.8 Abandoned Shopping Carts – Exemption from Mandatory Abandoned Shopping Cart Prevention Plan Obligation.
(a) Any owner may request an exemption, on an annual basis, from the requirements of CMC 4129.5, et seq., if the owner provides written documentation and demonstrates to the satisfaction of the Manager that the owner has:
(1) A contract with a City-licensed cart retrieval service; or
(2) A physical device or mechanism currently in place which prevents the unauthorized removal of shopping carts from the owner’s premises.
(b) A written application for the exemption shall include all of the following:
(1) The name of the owner and the name of the business; the physical address where the business is conducted; and the name, address and phone number of the on-site and off-site owner.
(2) The method, management practice, or physical device that will ensure that the shopping carts will not leave the premises.
(3) Certification by the person submitting the application, signed under penalty of perjury, asserting that all information contained in the application is true and correct.
(c) Any exemption granted to an owner shall be void upon the sale or transfer of ownership of the business.
(d) An exemption shall be valid for the calendar year for which the exemption is granted. Accordingly, every exemption expires on December 31st.
(e) If, during the course of the year in which an exemption has been granted, the owner ceases to employ its designated retrieval service or any other change occurs which would make any of the information contained on owner’s application for the exemption inaccurate, owner must immediately notify the Manager in writing of such change. (Ord. 07-1371, § 9)
§ 4129.5.9 Abandoned Shopping Carts – Renewal of Mandatory Abandoned Shopping Cart Prevention Plan Exemption.
Every owner who receives an exemption from the abandoned shopping cart prevention plan must re-apply, each year, to the Manager for a one (1) year renewal of the exemption. A renewal application must be submitted at least forty-five (45) days before its expiration, to allow staff adequate time to review the application, and shall include the information required to be submitted in an initial application for the exemption. An owner who fails to (a) apply for a renewal of the exemption, (b) submit a complete plan, (c) implement approved plan measures, (d) comply with the approved plan measures, or (e) advise the City of a change in circumstance with respect to the administration of its plan shall submit a new plan upon the City’s request and/or shall be subject to enforcement of these requirements in accordance with Chapter 2 of Article I, Penalty Provisions, of the Carson Municipal Code. (Ord. 07-1371, § 10)
§ 4129.5.10 Abandoned Shopping Carts – Denial of Renewal or Revocation of a Mandatory Abandoned Shopping Cart Prevention Plan Exemption.
(a) Grounds for Denial or Revocation. An application for renewal of a mandatory abandoned shopping cart prevention plan exemption may be denied or an existing exemption revoked by the Manager upon the finding of any of the following:
(1) Any of the owner’s shopping carts currently are or have been abandoned for longer than three (3) business days after notification by the Manager on three (3) occasions in any six (6) month period.
(2) The owner has failed to comply with any of the provisions of CMC 4129.5, et seq.
(3) The owner has knowingly made a false statement of fact or omitted a fact required to be revealed in an application for the exemption, or in any amendment or report or other information required to be made.
(b) Notice of Intended Decision. Upon determining the existence of any of the grounds for denial or revocation of a renewal of an exemption, the Manager shall issue the owner a written notice of intended decision. Such notice shall state all grounds upon which the decision is based and shall advise the owner that the denial or revocation shall become final unless the owner files a written request for a hearing before the Manager within ten (10) calendar days of the date of the notice of intended decision. The notice of intended decision shall also specify the effective date of the denial or revocation. (Ord. 07-1371, § 11)
§ 4129.5.11 Abandoned Shopping Carts – Hearing and Appeal Procedure for Renewal of Exemption.
(a) Request for Hearing. Any request for a hearing to contest a decision denying the renewal or revoking of an abandoned shopping cart prevention plan exemption that has been timely requested pursuant to this Section shall be scheduled for a hearing by the Manager for a date that is no later than thirty (30) calendar days after receipt of the request for hearing. The Manager shall serve a notice of hearing on the owner at least ten (10) calendar days prior to the scheduled date of the hearing. At the hearing, 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 City deems reliable, relevant and not unduly repetitious may be considered.
(b) The Manager’s Decision. Within twenty (20) calendar days after the hearing, the Manager shall serve the owner with a written decision sustaining, reversing or modifying the Manager’s intended decision. The decision by the Manager after the hearing shall become final unless the owner files an appeal before the City Manager pursuant to subsection (c) of this Section.
(c) Appeal to the City Manager. If an owner is dissatisfied with any decision of the Manager, the owner may file an appeal to the City Manager. The appeal must be in writing and must be received by the City Manager’s office within fifteen (15) calendar days of the date of the Manager’s decision. The City Manager, or his or her designee, shall preside at the hearing and consider all facts and testimony presented and deemed appropriate. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the City deems reliable, relevant and not unduly repetitious may be considered. The City Manager’s decision shall be final. Notice of the City Manager’s decision shall be provided to the owner within ten (10) days of the hearing. (Ord. 07-1371, § 12)
§ 4129.5.12 Abandoned Shopping Carts – Noncompliance – Enforcement.
(a) Any owner who fails to comply with any provision of CMC 4129.5, et seq., or any provision of the owner’s approved abandoned shopping cart prevention plan shall be subject to enforcement procedures for each violation through any lawful means available to the City, including, without limitation, those set forth in Business and Professions Code Section 22435.7, as amended from time to time, as well as the institution of an administrative remedy in accordance with CMC 4129.5, et seq.
(b) Any person who violates any provision of CMC 4129.5, et seq., is guilty of a misdemeanor. The provisions of these sections are not intended to preclude the application of any other laws relating to the prosecution of thefts. (Ord. 07-1371, § 13)
§ 4129.5.13 Abandoned Shopping Carts – Hearing to Contest a Fine.
Any owner of a shopping cart who has been charged a fine to reclaim a shopping cart shall be entitled to a hearing as to whether the fine has been properly charged by providing to the City Clerk a written request for a hearing within fifteen (15) days of receipt of notice that the shopping cart has been impounded. The hearing shall be held not later than thirty (30) days from the date of the hearing request and the owner shall be notified of the time, date, and location of the hearing. The City Manager or his or her designee shall appoint a hearing officer. If the hearing officer determines that the City properly impounded the shopping cart and the owner has been charged the appropriate amount, the owner shall pay all costs associated with the administrative hearing and, if he or she desires to reclaim the shopping cart, pay any applicable fine. If the hearing officer determines that the owner has been improperly charged a fine, the owner shall be entitled to reclaim the shopping cart at an adjusted fine or at no charge, whichever is applicable. (Ord. 07-1371, § 14)
§ 4129.5.14 Abandoned Shopping Carts – Location of Impounded Shopping Carts.
Any shopping cart impounded by the City pursuant to CMC 4129.5, et seq., shall be taken to a location designated by the City which is both: (a) reasonably convenient to the owner of the shopping cart; and (b) open for business at least six (6) hours of each business day. (Ord. 07-1371, § 15)
§ 4129.5.15 Abandoned Shopping Carts – Disposition of Impounded Shopping Carts.
The City shall be permitted to destroy, sell at public auction or otherwise dispose of any shopping cart, or part thereof, impounded by the City pursuant to CMC 4129.5, et seq., which has been deemed to be permanently abandoned, which may occur in the following circumstances, but is not limited to the following circumstances:
(a) The shopping cart does not have the identification sign required by CMC 4129.5.2 or other information that identifies the owner, or the City is unable to locate the owner with reasonable diligence.
(b) If the owner has not requested a hearing and the owner and the agent, if any, failed to reclaim the shopping cart from the City within thirty (30) days of receipt of notice that the shopping cart was impounded by the City.
(c) If, within thirty (30) days after a hearing, the owner or agent has failed to reclaim the shopping cart from the City.
(d) The Manager determines that the shopping cart is inoperable, unsafe, or that the cost to repair exceeds the value of the shopping cart. In such case, the shopping cart or parts thereof may be destroyed without providing the appeal hearing provided in CMC 4129.5.11(c), but the Manager shall give notice of this action to the owner, if the owner can be determined. The owner shall not be liable for any cost for removal and abatement in such case. (Ord. 07-1371, § 16)
§ 4129.5.16 Abandoned Shopping Carts – Sale of Abandoned Shopping Carts.
If the City determines to sell any shopping cart deemed to be permanently abandoned pursuant to CMC 4129.5.15, the City shall advertise the sale at a time convenient to the City. Notice of such sale, including the time and place, shall be posted in three (3) conspicuous places within the City. Ten (10) days after posting such notice, such shopping carts may be sold and delivered to the highest bidder free and clear of any claims of the owner thereof. The proceeds of such sale shall be distributed to the City. (Ord. 07-1371, § 17)
§ 4129.5.17 Shopping Cart Collection Services May Be Performed by City-Appointed Contractor.
The City may contract with a shopping cart retrieval service for the retrieval and impoundment of shopping carts or any other related service described in CMC 4129.5, et seq. (Ord. 07-1371, § 18)
§ 4129.5.18 Administration and Enforcement.
Except as otherwise provided in CMC 4129.5, et seq., the provisions of CMC 4129.5, et seq., shall be administered and enforced by the City Manager. In the enforcement of CMC 4129.5, et seq., the City Manager, or his or her designee, may enter onto public or private property to examine a shopping cart or parts thereof or to obtain information to identify the owner of the shopping cart and to order, pursuant to CMC 4129.5, et seq., the abatement and impoundment of the shopping cart, or parts thereof, declared to be a nuisance. Notwithstanding the foregoing, the Manager shall perform the day-to-day administration of CMC 4129.5, et seq. (Ord. 07-1371, § 19)

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