Fountain Valley, CA
Section 8.51.030 Enforcement
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Planning Director or his or her designees. The Planning Director or his or her designees may enter onto private property to examine a shopping cart or to cause the removal of a shopping cart pursuant to the provisions of this chapter.
Section 8.51.040 Applicability
This chapter shall apply to all shopping cart owners that provide shopping carts for customer use. Notwithstanding the preceding sentence, sections 8.51.060 through 8.51.110 shall only apply to shopping cart owners providing ten (10) or more shopping carts for customer use.
Section 8.51.050 Shopping cart containment.
Every shopping cart owner who provides shopping carts for customer or public use shall contain and control all shopping carts within the boundaries of the premises, except as expressly provided for in California Business and Professions Code section 22435.4.
Section 8.51.060 Shopping cart retrieval.
All shopping cart owners with 10 or more shopping carts shall develop and implement a shopping cart retrieval plan for the retrieval of lost, stolen or abandoned shopping carts which have been removed from the premises of their businesses. The plan may employ the personnel of the business itself or a professional retrieval service. Whether employees of the business or a professional service, the plan shall ensure adequate forces and frequency of patrol for lost, stolen or abandoned carts are employed so that all abandoned shopping carts can be retrieved within 24-hour period. All shopping cart owners shall file a copy of their shopping cart retrieval plan with the City within sixty (60) days of opening for business, including the name and contact information of the professional retrieval service should one be employed.
Section 8.51.070 Mandatory signage on premises.
Shopping cart owners must post a sign in a conspicuous place on their premises within two (2) feet of all customer entrances and exits from the building which states at a minimum:
‘Removal of shopping carts from the premises is prohibited by law.
B & P Code section 22435.2’
Section 8.51.080 Shopping cart identification.
Shopping cart owners with 10 or more shopping carts shall permanently affix a sign to all shopping carts which contains the following information:
· The identity of the shopping cart owner, including business name and store number, if applicable;
· A notification of the procedures for authorized removal of the shopping cart from the premises;
· A notification that unauthorized removal of the shopping cart from the premises, or unauthorized possession, is a violation of law; and
· A valid address and telephone number to enable the shopping cart to be returned to the shopping cart owner.
Section 8.51.090 Shopping cart containment plan.
If a shopping cart retrieval plan as specified in FVMC 8.51.060 fails to adequately contain shopping carts as determined by the Planning Director, the shopping cart owner shall submit a shopping cart containment plan within thirty (30) days of a written request by the Planning Director or his or her designee. This plan, at a minimum, shall include:
· Identification of owner: The name, address, phone number, and store number of the business/owner. The plan must also include the address where the shopping carts are offered for use.
· Shopping cart inventory: The total number of carts maintained in or on the premises.
· Mandatory signage: A complete description of all signs to be placed in or on the premises and the shopping carts pursuant to this chapter. These descriptions must include size, wording and location where the signs are to be placed.
· Shopping cart containment measures: Shopping cart owners shall describe the specific measures to be implemented to prevent unauthorized removal of shopping carts from the premises. Containment measures may include, but are not limited to, electronic disabling devices, use of physical barriers such as bollards, use of courtesy clerks to walk shopping carts out for customers and to return them to the store, requirement of a deposit for use of a shopping cart, or any other measures that prevent removal of shopping carts from the premises.
· Shopping cart retrieval: Description and identification of the shopping cart retrieval service maintained pursuant to this chapter. If an independent shopping cart retrieval service is used, a copy of the valid contract must be submitted. The owner may delete information relating to the cost of the contract or other personal information from the copy.
Section 8.51.100 Containment plan approval or denial.
· The shopping cart containment plan must be submitted to the Planning Director within thirty (30) days after initials notification of the plan requirement. The Planning Director may approve or deny a plan and must notify the owner of writing of the decision. If approved, the plan shall be implemented by the owner within thirty (30) days from the date of approval.
· The Planning Director may revoke or deny a plan for any of the following reasons:
- The implementation of the plan would violate any City code, law or ordinance, or State or Federal law, statue or regulation;
The plan fails to include all of the information required by this chapter;
The plan does not prevent the removal of shopping carts form the premises; or
The plan omits facts, including special or unique conditions of the premises, which are required to be provided to ensure adequacy of the plan.
· If a plan is rejected the Planning Director shall inform the owner in writing of the reasons for the rejection and any corrections which need to be made to the plan for it to be approved. The owner will have ten (10) days from the date of rejection to submit a corrected plan.
· If, at any time, the plan is ineffective, the Planning Director may revoke the plan and require the owner to submit a new plan for approval or denial pursuant to the provisions set forth herein. A plan shall be deemed ineffective if shopping carts originating from a shopping cart owner’s premises are found abandoned.
· If, at any time, the shopping cart owner wants to modify a plan, the shopping cart owner shall submit the modified plan for approval or denial by the Planning Director pursuant to the provisions set forth herein.
· It is unlawful for any shopping cart owner in the city to fail to submit a complete plan when required by this chapter, fail to implement an approved plan, fail to maintain a shopping cart retrieval service, or fail to correct a rejected plan, or maintain an ineffective plan in violation of this chapter.
Section 8.51.100 Appeal of plan denial or revocation.
A shopping cart owner may appeal the imposition, denial or revocation of a shopping cart containment plan. The appeal must be submitted to the City Clerk in writing within twenty (20) calendar days of the date of mailing of the notice by the City informing a shopping cart owner of the imposition, denial or revocation of a cart containment plan. The appeal shall be accompanied by a non-refundable fee to be set forth by City Council resolution. Upon timely receipt of a written request for an appeal, the City manage or his or her designee shall schedule a hearing which shall be held no later than thirty (30) calendar days of receipt of the request for an appeal. The city Manager or his or her designee shall serve as hearing officer. At the hearing, the shopping cart owner shall be given the opportunity to present witness and relevant documentary evidence. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which is deemed reliable, relevant and not unduly repetitious may be considered. The City Manager shall provide the shopping cart owner with a written decision sustaining, reversing or modifying the shopping cart containment plan imposition, denial or revocation within ten (10) calendar days after the hearing. The City Manager’s decision shall be final.
Section 8.51.120 Violations
It shall be unlawful for any person, firm or corporation to violate or fail to comply with any of the provisions of this chapter. Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Chapter 1.16.
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