Ordinance No. 1624 (16)
Chapter 8.32 Shopping Carts
8.32.030 Shopping Cart Identification Required.
It shall be the responsibility of each shopping cart owner to have each of their shopping carts to have a shopping cart identification.
8.32.040 Mandatory Abandoned Shopping Cart Prevention Plan.
Each person who owned or controlled a business in existence with the City's jurisdiction on September 1, 2016, who provided shopping carts for use by customers or the public, shall submit an ASCPP to the City Clerk's Office for review, on or before December 31, 2016.
Each business owner who plans to begin to provide shopping carts for use by customers or the public after September 1, 2016, shall submit an ASCPP to the City Clerk, for review at the time they apply for a new or renewed business tax certificate.
The ASCPP shall include the following elements:
A. Name of Business/Owner. The name of the owner and the business name; the physical address where the business is conducted; name, address and phone number(s) of the on-site and off-site owner if different.
B. Community Outreach. The owner shall cause notice to be provided to customers the removal of carts from the premises is prohibited, and a violation of state and municipal law. That notice, at a minimum shall include warnings on one or more signs posted in prominent places near door and parking lot exits. Any posting of signs shall comply with applicable provisions of this code.
C. Mandatory Cart Retrieval. A plan for retrieval of abandoned shopping carts by the owner, or evidence of a contract with a shopping cart retrieval service with terms requiring collection of abandoned shopping carts.
D. After Hours Cart Containment: A plan for securing shopping carts whenever the store is not open for business.
8.32.050 Exemption from Mandatory Plan
Any owner will be granted, by the Director, an exemption from the requirements of this chapter if the owner provides written documentation and demonstrates to the satisfaction of the City the owner has:
A. A contract with a Lompoc licensed cart retrieval service, or a physical device or mechanism in place that prevents the unauthorized removal of carts from the owner's premises; and,
B. None of the owner's shopping carts have been found abandoned on three or more occasions during the six-month period immediately preceding the date the application for an exemption is submitted to the Director.
C. 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 if different;
2. The method, or physical device that will ensure the shopping carts will not leave the premises.
D. Any exemption granted to an owner shall be void upon the sale or transfer of ownership of the business.
8.32.060 Penalty for Failing to Submit an ASCPP.
Any owner who fails to provide the ASCPP shall be required to pay the City $100 for each calendar month the ASCPP is not provided, as a penalty for not complying with Section 8.32.050.
8.32.070 Abandonment Prohibited.
It shall be unlawful for any person to cause or permit any shopping cart to be abandoned on or upon any sidewalk, street or other public area, or upon private property or a vacant lot, other than the premises of the owner of such shopping cart.
8.32.080 Removal or Possession of Shopping Cart Unlawful.
A. It is unlawful for any person to remove or possess any shopping cart outside the business premises of the shopping cart’s owner or provider without the express prior written consent of that owner or provider.
B. It is unlawful for any person to possess any shopping cart that is owned by another individual without the permission of that individual if that shopping cart has that other individual’s name permanently affixed to it.
8.32.090 Penalty for Violation of Section 8.32.080.
Notwithstanding anything else in this Code, any City police officer or code enforcement officer may issue any person who has violated Section 8.32.080 an administrative citation to pay a fine of $100, without first providing written or verbal notice of a violation. If the person issued that citation shows proof to the issuing officer of having purchased his or her own shopping cart and that person’s name is permanently affixed to that shopping cart, then the administrative citation shall be cancelled.
This ordinance shall take effect 30 days after its adoption. The City Clerk, or her duly appointed deputy, shall attest to the adoption of this ordinance and shall cause this ordinance to be posted in the manner required by law.
This Ordinance was introduced on September 20, 2016, and duly adopted by the City Council of the City of Lompoc at its duly noticed regular meeting on October 19, 2016.
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