ORDINANCE BILL NO. 11-006: REGARDING CONTAINMENT AND RETRIEVAL OF SHOPPING CARTS
Section 30-73: Cart Containment and Retrieval Plan
a) Except as otherwise provided in this division, every Owner who provides shopping carts to customers for use on the premises of any retail establishment shall develop, implement and comply with the provisions of a written plan approved by the City to prevent customers from removing shopping carts from the premises of such business without authorization of the Owner and to provide for the retrieval of removed or abandoned shopping carts which have been removed from the premises of the retail establishment (the “Plan”), and shall demonstrate compliance with all other purposes and provisions of this chapter. The Plan, at a minimum, shall include the following elements:
1) Owner Information. The name of the Owner; the physical address where the retail establishment is conducted; and the name, address, and telephone number(s) of the Owner and all on-site managers including any changes of such persons.
2) Cart Inventory. The number of carts to be used or located on the premises.
3) Signs Affixed to Carts. Every shopping cart made available for use by customers shall have a sign permanently affixed to it that identifies the Owner of the cart; notifies the public that the unauthorized removal of the cart from the premises of the retail establishment, or the unauthorized possession, is a violation of state law, and lists a valid telephone number and address for returning the cart removed from the premises to the Owner.
4) 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. The Plan shall identify the specific measure to be implemented to comply with this notice requirement. In addition, conspicuous signs shall be places and maintained on the premises near all customer entrances and exits throughout the premises, including the cart storage areas, warning customers that removal of shopping carts from the premises is prohibited by law.
5) Prevention Measures. A description of the specific measures that the business Owner will implement to prevent removal of any cart from the business premises. Such measures may include, but are not limited to, electronic or other disabling devices on any cart so they cannot be removed from the business premises; management practices; use of courtesy clerks to accompany customers and return carts to the inside of the business premises; use of security personnel to prevent removal; security deposits for cart usage; other demonstrably effective measure acceptable to the City that are likely to prevent removal of carts from the business premises.
6) New Development Requirements. New developments and businesses of over 5,000 square feet in area and having more than ten carts shall be required to install a wheel lock containment system, or similar, to the satisfaction of the Community Development Director prior to the issuance of a Certificate of Occupancy for the facility.
7) Mandatory Cart Retrieval Operations. The procedure by which the business Owner or qualified cart retrieval service will search, find and return carts removed from the business premises. The cart retrieval operation must demonstrate that carts will be actively located within one-mile of the business premises and respond to complaints from the public notifications from City enforcement personnel in a manner which results in the retrieval of carts within 24 house of receiving the notification. If a business Owner contracts with a cart retrieval service, the retrieval service must be a City licensed and approved service, and shall not place limits on daily loads or days per week to retrieve carts within the City. 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 as contracted for such services.
8) Daily Cart Confinement. All shopping carts located on the premises of the retail establishment (other than an establishment open for business twenty-four (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 in the cart confinement area, as designed in the approved Plan, until the commencement of the next business day. All shopping carts located on the premises of any retail establishment open for business twenty-four (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, as designed in approved Plan, at least once per calendar day between the house of 9:00 p.m. and 12:00 midnight 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.
Section 30-74 Plan Submission and Approval
9) Existing Retail Establishment. Unless otherwise expressly exempt hereunder, each existing retail establishment shall submit a proposed Plan complying with the requirements of Section 30-73 to the Community Development Director within 60 calendar days following the date of adoption of this division. Each proposed Plan shall be accompanied by a processing and inspection fee in an amount as set by resolution of the City Council. No proposed Plan shall be accepted for filing and processing by the Community Development Director unless accompanied by the fee as established by the City Council.
Section 30-75 Penalties for Failing to Submit or Implement a Plan
I) Any Owner that fails to submit a Plan, implement the proposed Plan measures, or implement any required modifications to the Plan by the City within the time frames specified in this division shall be subject enforcement proceedings and penalties pursuant to Division 4 of Article II of Chapter 30 (commencing with Section 30-80) of this Code.
Section 30-79.1 Procedures for Abatement
10) Fines. In addition to the fee for the service of impounding shopping carts, a fine in the amount of $50.00 is hereby imposed upon each Owner of a shopping cart 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 his chapter in a one-day period. This subsection does not apply to and does not limit or prohibit any other fee, fine or penalty that the City may charge for violation of the other provisions of this division under section 30-78.
Section 30-79.2 Fee
a) The City Council is authorized to set by resolution processing and inspection fees for the submissions required by Section 30-74, and the cost recovery fee authorized by Section 30-79.1(e). The fees set by resolution of the City Council pursuant to this Section shall not exceed the amount reasonably necessary for the City to perform the services provided.
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