TITLE 5 – CHAPTER 5.26: PERTAINING TO ABANDONED SHOPPING CARTS
Section 5.26.01: Findings and Purpose
a) The City Council finds that abandoned shopping carts on public and private property create conditions that reduce property values, promote blight and deterioration, and result in a public nuisance. This Chapter 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 and to facilitate the retrieval of abandoned shopping carts in a manner consistent with State law.
Section 5.26.03: Cart Containment System-Required; Exception
a) Every cart owner shall operate and maintain an on-site cart containment program. A cart owner may be exempted from this requirement if he or she provides proof of contracting with a qualified cart retrieval service and submits an operations plan to the Director of Planning and Development Services which demonstrates to the satisfaction of the Director that the qualified cart retrieval service will: (i) actively locate shopping carts within a one (1) mile radius of the cart owner's business premises; and (ii) respond to complaints from the public in a manner which results in the retrieval of shopping carts within twenty-four (24) hours after receiving complaint(s).
Section 5.26.04: Store Removal Warnings
a) Every cart owner shall prominently post and maintain in the interior of the budding and within two (2) feet of all customer entrances and exits cart removal warnings which meet all of the following minimum specifications: (a) Meet or exceed eighteen (18) inches in width and twenty-four (24) inches in height. (b) Use block lettering not less than one-half (112) inch in width and two (2) inches in height, contain a statement to the effect that unauthorized removal of a shopping cart from the business premises, or possession of a shopping cart in a location other than on the business premises, is a violation of state law and city ordinance. (c) The statement required by subsection (b) shall be in English, Spanish, and any other language spoken as the primary language for a significant customer base of the cart owner. (d) List a local or toll-free telephone number for cart retrieval
Section 5.26 05: Cart Identifications Signs
a) Each shopping cart owned or used within the City shall have permanently affixed to it and easily visible, a cart identification sign or engraved surface which includes all of the following information: The name of the cart owner; the telephone number of the cart owner and/or commercial establishment to which the cart belongs; the individual cart identification number; a valid toll-free phone number for cart retrieval; the procedure (if any) to be followed to obtain permission to remove the cart from the business premises; and a notice to the public that unauthorized removal of the cart from the business premises is a violation of state law and city ordinance.
b) It shall be the responsibility of each cart owner to comply with subsection (a), and to continuously maintain, or cause to be maintained, the cart identification sign so that all of the required information is accurate and clearly legible.
Section 5.26.06: Permission for Cart Removal from Business Premises
a) No person shall be deemed to be authorized to remove a cart unless he or she possesses written authorization from the cart owner. This section shall not apply the possession of a shopping cart removed from the business premises at the direction of the cart owner for the purposes of repair or maintenance.
Section 5.26.07L New Construction
a) A cart owner shall be required to install a physical containment system when the cart owner establishes a new facility consisting of, or expands an existing facility by, more than five thousand (5,000) square feet.
Section 5.26.08: Enforcement and Remedies
a) A violation of this chapter is a misdemeanor subject to the penalty provisions of Chapter I. 2 of the Municipal Code. In addition, the City may exercise the following remedies.
1) If an abandoned cart remains for more than twenty four (24) hours after notice to the owner from the City or citizen observer, the Enforcement Officer may issue an administrative citation to the owner In accordance with the provisions of Chapter 1.7 of the Municipal Code. Notwithstanding the fine schedule set forth In Chapter 1.7, the amount of the fine shall be $100 for each cart and for every twenty four (24) hour period the cart remains abandoned.
2) The City may remove the cart. The owner will be responsible for the costs of removal and storage. Prior to release of the cart, the owner must pay for those costs plus any outstanding administrative citation fines. If a cart is not retrieved by its owner within thirty (30) days after the owner has received notice of the cart being impounded, including a failure to pay costs and fines, or if the cart's owner cannot be determined, the cart will be sold, destroyed or otherwise disposed of as the City sees fit.
3) Following the City having retrieved more than ten (10) carts in any thirty (30) day period or the issuance of more than ten (10) administrative citations in any twelve (12) month period, the Director of Planning and Development Services may require the owner to install physical containment system. SECTION 2.This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
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