Crescent City, CA
Chapter 8.20 - SHOPPING CARTS
8.20.010 - Purpose.
Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public and interfere with pedestrian and vehicular traffic within the city of Crescent City. Wrecked, dismantled and abandoned shopping carts on public or private property create conditions that reduce property values, and promote blight and deterioration within the city's neighborhoods. The purpose of this chapter is to make the removal of shopping carts from the premises of a business establishment a violation of this code and provide regulations and procedures for the retrieval of shopping carts consistent with the provisions of Section 22435.7 of the Business and Professions Code of the State of California.
8.20.030 - Enforcement authority.
The city manager and/or his or her designated agents and designated code enforcement officers shall have the authority and powers necessary to determine whether a violation of this chapter exists and to take appropriate action to gain compliance with the provisions of this chapter and applicable state codes. These powers include the power to issue administrative citations and to inspect public and private property as allowed by state and federal law. It also includes the power to impose civil penalties for any violation of this chapter as provided in Chapter 1.24 of Title 1 of this code.
8.20.040 - Signs on shopping carts; required.
Every shopping cart owned or provided by a business establishment in the city of Crescent City must have a sign permanently affixed to it that contains the following information:
A. Identifies the owner of the shopping cart or the name of the business establishment, or both;
B. Notifies the public of the procedure to be used for authorized removal of a shopping cart from the establishment's premises;
C. Notifies the public that the unauthorized removal of a shopping cart from the premises or parking area of a business establishment, or the unauthorized possession of a shopping cart is a violation of Business & Professions Code § 22435.1;
D. Displays a permanently affixed sticker notifying the public that the unauthorized removal of the shopping cart from the premises of a business establishment, or the unauthorized possession of a shopping cart is a violation of local municipal code; and
E. Lists a valid telephone number or address for returning the shopping cart removed from the premises or parking area to the owner or retailer.
8.20.050 - Removal, abandonment, alteration, possession; prohibited.
It is unlawful to do any of the following acts, if a shopping cart has a permanently affixed sign as required by Section 8.20.040:
A. To remove a shopping cart from the premises or parking area of a business establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;
B. To be in possession of any shopping cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;
C. To leave or abandon a shopping cart at a location other than the premises or parking area of the retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart;
D. To alter, convert, or tamper with a shopping 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 of possession of the cart; or
E. To be in possession of any shopping cart while that cart is not located on the premises or parking lot of a business establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.
8.20.060 - Exceptions.
A. Section 8.20.050 shall not apply to any person who has written consent from the owner of the shopping cart authorizing possession or removal of the cart from the business establishment's premises or authorizing any of the acts specified in Section 8.20.050.
B. For all persons authorized by an owner to remove a cart from the premises or parking area of a business establishment, the owner shall issue to such persons an "authorization card" in a form approved by the city manager.
8.20.070 - Retrieval of shopping carts by city; authority to impound.
A. The city of Crescent City may impound a shopping cart when all of the following conditions are satisfied:
1. The shopping cart has a sign affixed to it as required by Section 8.20.040 of this chapter.
2. The shopping cart is located outside the premises or parking area of a business establishment as defined in Section 8.20.020.
3. Except as provided in Section 8.20.080, the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the city of the shopping cart's discovery and location.
B. In instances where the location of a shopping cart will impede emergency services, the city is authorized to immediately retrieve the shopping cart from public or private property.
C. Any shopping cart that is impounded by the city pursuant to this section shall be held at a location that is both:
1. Reasonably convenient to the owner of the shopping cart; and
2. Open for business at least six hours of each business day.
D. Any shopping cart not reclaimed from the city within thirty days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the city.
E. The city may impose an administrative penalty on the owner of a shopping cart in an amount not to exceed fifty dollars for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one-day period.
F. The city is authorized to recover actual costs incurred for impounding a shopping cart under the authority of this section.
8.20.080 - Authority to impound without a three-day notice to owner.
Notwithstanding Section 8.20.070(A)(3), the city may impound a shopping cart that otherwise meets the criteria set forth in Sections 8.20.070(A)(1) and (A)(2) without complying with the three-day advance notice requirement provided that:
A. The owner of the shopping cart, or his or her agent, is provided actual notice within twenty-four hours following the impound and the notice informs the owner, or his or her agent, of the location where the shopping cart may be claimed. For the purposes of this section "actual notice" shall include any of the following noticing methods:
1. Personal delivery of written notice to the "owner" as defined in Section 8.20.020(C);
2. Delivery of written notice by facsimile or e-mail transmission to the "owner" as defined in Section 8.020.020(C);
3. Oral notice by telephone to the "owner" as defined in Section 8.20.020(C), provided the city employee giving the oral notice confirms the giving of such notice by sending a written confirmation by facsimile or e-mail transmission to the person to whom oral notice was given within twenty-four hours of giving such oral notice.
B. Any shopping cart so impounded shall be held at a location in compliance with Section 8.20.070(C).
C. Any shopping cart reclaimed by the owner, or his or her agent, within three business days following the date of actual notice shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to Sections 8.20.070(E) and 8.20.070(F). Any cart reclaimed within the three business day period shall not be deemed an occurrence for purposes of Section 8.20.070(E).
D. Any shopping cart not reclaimed by the owner, or his or her agent, within three business days following the date of actual notice shall be subject to any applicable fee or penalty imposed pursuant to Sections 8.20.070(E) and (F) commencing on the fourth business day following the date of the notice.
E. Any shopping cart not reclaimed by the owner, or his or her agent, within thirty days of receipt following the date of actual notice may be sold or disposed of as provided for in Section 8.20.070(D).
8.20.090 - Posted notice required.
There shall be posted by the owner, prominently and conspicuously, at all public entrances and exits to the business, a notice in substantially the following form:
REMOVAL OF SHOPPING CARTS (or Laundry Carts, or other types of carts, if applicable) IS PROHIBITED BY LAW AND SHALL SUBJECT THE VIOLATOR TO A MINIMUM FINE OF $100.00
8.20.100 - Abandoned cart prevention plan.
Every owner who allows or intends to allow the use of carts outside a building or enclosed area of a business shall develop, implement and comply with an abandoned cart prevention plan.
A. The plan must include, at a minimum, the following information:
1. The name of the business, address and phone number of the premises where the business is conducted, and the address and phone number of the cart owner, if different;
2. A procedure for providing notification to customers that removal of carts from the premises is prohibited and a violation of state and local law in addition to the notice required under Sections 4.04.070 and 4.04.130. This notice may be provided in the form of flyers, warnings on shopping bags, or any form of written notification that will effectively notify customers of the prohibition;
3. A description of the physical measures that will be implemented to prevent the removal of carts from the premises. Physical measures may include, but are not limited to: devices on carts that prevent their removal from the premises; posting of a designated employee or security guard to deter and stop customers from removing carts from the premises, prohibiting carts outside the building of the business unless accompanied by an employee; and
4. A procedure for the retrieval of abandoned carts by its employees, or proof that the owner has entered into a contract for cart retrieval services that has been approved by the Supervisor of the Crescent City Code Enforcement Unit.
B. Two or more businesses may collaborate and submit a single plan.
8.20.110 - Abandoned cart prevention plan approval.
A. Each owner shall submit a proposed abandoned cart prevention plan to the Crescent City Planning Department [within] sixty days of the effective date of this chapter, and by July 1 of each year thereafter. Proposed businesses shall have an approved abandoned cart prevention plan prior to commencing business. After initial submission and approval of an abandoned cart prevention plan, an owner submitting the same plan to comply with the requirement of submitting a plan by July 1 of each subsequent year, may do so by submitting a letter of intent stating that the owner is submitting the plan currently in operation.
B. The director of the Crescent City Planning Department shall approve or reject the proposed abandoned cart prevention plan within thirty days of the plan's submission. The director of the Crescent City Planning Department may deny a plan based upon any of the following grounds:
1. The 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 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 cart retention and prevention efforts;
5. Implementation of the plan violates a term or condition of a plan or other requirement of this chapter; or
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.
C. If the plan is rejected as incomplete or inadequate, the director of the Crescent City Planning Department shall indicate areas that are incomplete or inadequate, and the owner shall have an additional thirty days within which to resubmit a complete and adequate plan. The Crescent City Planning Department will approve or reject the resubmitted plan within thirty days of the date of resubmission of the plan.
D. Once approved, the measures included in the plan shall be implemented no later than thirty days of the plan's approval. If an owner is proposing new measures, the measures from the approved plan in the previous year shall be continued until the new measures are implemented.
E. Any owner that fails to submit a plan, implement the plan measures, or implement any required modifications to the plan within the time frames specified in this chapter shall be required to keep all carts inside the building or enclosed areas of the business.
F. Any owner who is required to, but fails to keep all carts inside the building or enclosed area of the premises in violation of subsection F above, shall be subject to an administrative civil penalty in accordance with the administrative enforcement remedies set forth in Chapter 1.24 of Title 1 of this code.
G. The decision of the director of the planning department to deny a plan may be appealed to the city manager, or his/her designee. A written notice of appeal must be submitted to the director of the Crescent City Planning Department within ten days of the denial of the plan and accompanied by a copy of the plan. The city manager or designee shall review the plan under the grounds for denial set forth in subsection B of this section and provide a decision approving or denying the plan within thirty days of receipt of the notice of appeal. The decision of the city manager or designee shall be final. There shall be no further administrative appeal process.
H. Even though approved, a plan may be reevaluated at any time by the director of the Crescent City Planning Department if operation of the plan demonstrates the plan's insufficiency or inadequacy in preventing removal of carts from the premises.
8.20.120 - Violations.
Any person who violates the provisions of this chapter is guilty of a misdemeanor. In addition, the city may use the administrative enforcement remedies set forth in Title 1 of this code for violations of this chapter. Nothing in this chapter shall prevent the city from pursuing any criminal, civil, administrative or other legal remedy available to it to address violations of this chapter.
8.20.130 - Additional rules and regulations.
In addition to the provisions and requirements of this chapter, the city council may, from time to time, by resolution, establish additional rules and regulations concerning programs, practices and regulations pertaining to shopping cart retrieval.
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