CHAPTER 8.50: SHOPPING CARTS
The purpose of this chapter is to prevent individuals from improperly using, altering, removing or abandoning shopping carts on public property and to ensure that business owners take measures to prevent the removal of shopping carts from their business site in a manner consistent with state law.
As used in this chapter, the following terms have the meanings setforth below: "Abandoned shopping cart" shall mean any cart left unattended on either public or private property other than that of its business premises. "Abandoned cart prevention plan" shall mean a document submitted by the responsible business owner pursuant to Section 8.50.090 of this chapter.
"Agent" shall mean the person or persons designated in the owner's "abandoned cart prevention plan" authorized to perform or provide retrieval services on behalf of the owner of the business. The agent may be the owner if so designated in the approved abandoned cart prevention plan.
"Cart" shall mean a basket mounted on wheels or a similar device intended for the
use of customers in a retail or commercial business establishment for the purpose of
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transporting goods of any kind within the confines of the business establishment, including the parking lot.
"City Manager" shall mean city manager or city manager's designee.
"Owner" shall mean any person or entity, who in connection with the conduct of a business, possesses, leases or makes carts available to customers or the public for the purpose of transporting merchandise on the business premises. For purposes of this chapter, "owner" shall also include the owner's designated agent.
"Premises" shall mean the entire area owned, occupied, and/or utilized by the owner, who provides carts for use by customers or other persons, including any parking lot or other property provided by or on behalf of the owner for customer parking or use.
8.50.030 Unauthorized removal or abandonment prohibited.
It is unlawful for any person to remove a cart from its business premises, be in possession of a properly identified cart or a cart readily identifiable as belonging to a particular business establishment, that is not on its business premises, or cause or permit any cart to be abandoned upon any public or private property other than its business premises. This section does not apply to carts removed for repair, maintenance or proper disposal by an individual or firm under contract with the owner or carts retrieved for return to the business premises by an owner-authorized retrieval agent.
8.50.040 Shopping cart use at business other than that of owner.
It is unlawful for a business to knowingly have on its premises for the use by its customers, properly identified carts belonging to a different business owner.
8.50.050 Shopping cart alteration prohibited.
It is unlawful to alter, convert or tamper with any shopping cart or remove any part thereof without permission of the owner of the cart.
8.50.060 Declaration of nuisance.
Abandoned shopping carts are hereby declared a nuisance.
8.50.070 Cart identification required.
A. Every cart owned or provided by any business owner must have a sign permanently affixed to the cart that contains the following information:
1. Identity of owner, business ~stablishment, or both.
2. Notification to the public that the removal of the cart from the premises is a violation of state and municipal law.
3. The address or phone number of the owner of the business establishment for cart return.
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B. Languages: The information required above must be provided in English and Spanish or in such other language the city manager may reasonably require.
C. Any abandoned shopping cart that does not have the identification and information required by this section may be removed from the property and disposed of by the city or its authorized agent in accordance with the state law.
8.50.080 Signage on premises.
Every business that owns or provides carts for the use of its customers within the city shall post conspicuous signs at or near each entrance to its parking lot and the public entrance doors to its store notifying its customers that removal of carts from the premises is prohibited. Any posting of signs must comply with applicable provisions iii Title 17 of the Municipal Code. . ..
8.50.090 Mandatory abandoned cart prevention plan.
Every business owner who provides carts, or allows or intends to allow the use of carts, shall annually develop, implement and comply with the terms and conditions of a city approved abandoned cart prevention plan. The plan will identify methods currently employed to prevent the unauthorized removal by any person of any carts from the owner's premises. Renewal of the plan will be required on an annual basis. Those that have demonstrated implementation of a physical or electronic containment system that is found sufficient to contain carts from being removed from the property and abandoned on public or private property will require renewal only every three (3) years. The owner's abandoned cart prevention plan must 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; and the name and/or title and telephone number of the day to day contact person at the location.
B. Inventory of Carts. A· complete listing of the total number of carts maintained on or in the premises.
C. Community Outreach. A description of the community 'outreach process under which the owner shall cause notice to be provided to customers that the removal of carts from the premises is prohibited, and a violation of state and municipal law. This may include, but is not limited to, flyers distributed on the premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exits, direct mail, announcements using intercom systems on the premises, web site or other means demonstrated to be effective. Any posting of signs must comply with applicable provisions in Title 17 of the Municipal Code.
D. Cart Identification. Signs and cart identification requirements which conform to state law.
E. Loss Prevention Measures. A description of the specific measures used to prevent cart removal from the premises. These measures may include, but are not limited to, electronic or other disabling devices on the carts so they cannot be removed from the premises, modifications to the carts and/or the retail location which eliminate
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the possibility of carts being removed from the inside of the retail location, use of courtesy clerks to accompany customers and return carts to the store, use of security personnel to prevent removal, or other demonstrably effective measures acceptable to the city, likely to prevent cart removal from the premises.
F. Employee Training. A description of an ongoing employee training program that shall be implemented by the owner and that shall be designed to educate new and existing employees on the abandoned cart prevention plan and conditions contained therein at least annually.
G. Mandatory Cart Retrieval. A plan for retrieval of abandoned carts by the owner within a twenty-four (24) hour time period of removal, or a copy of a contract with a business registered to operate in Moorpark and approved retrieval service. All contracts for retrieval must include language which prohibits limits on daily loads and/or limits on daily or weekly drop-off of abandoned carts. .
Every owner who is required to submit an abandoned cart prevention plan, request for exemption or an application for a modification of such plan pursuant to this chapter shall submit, with the plan, request for exemption or plan modification, a fee as established by the City Council resolution.
8.50.110 Plan approval or denial and penalties.
A. Each business owner who provides carts shall be required to submit an abandoned cart prevention plan in compliance with this chapter. In implementing this chapter for the period beginning on the effective date of this chapter and ending December 31, 2008, the city manager shall provide not less than sixty (60) calendar days written notice to each owner of the date that the owner's initial abandoned cart prevention plan is due. The city manager shall approve or deny the proposed plan and notify the owner of such decision within sixty (60) calendar days of receipt of the plan. If approved, the abandoned cart. prevention plan must be implemented by the owner no later than thirty (30) calendar days from the date of approval. After December 31, 2008, the owner shall comply with the provisions of this chapter regardless of receipt of written notice from the city manager.
B. The city manager may deny a plan based upon any of the following grounds:
1. Implementation of the plan would violate provisions of the building, zoning, health, safety, fire, police or other municipal codes, or any county, state, or federal law which substantially affects public health, welfare or safety;
2. The plan fails to include all the information required by this chapter;
3. The plan is insufficient or inadequate to prevent removal of carts from the owner's 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;
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5. Implementation of the plan would violate a term or condition of another city policy or requirement of the municipal code;
6. The owner has knowingly made a false statement of fact, or omits a fact required to be revealed in an application for a plan, or in any addendum or report or other information required to be provided regarding the plan.
C. If the plan is rejected as incomplete or inadequate, the city manager shall indicate the areas of incompleteness or inadequacy, and the owner shall have an additional thirty (30) calendar days in which to resubmit a corrected plan.
D. An owner who fails to submit a complete plan, or fails to implement approved plan measures, or fails to comply with the approved plan measures, shall be subject to enforcement of these requirements through any lawful means available to the
city. . .
E. The city manager's denial of a plan shall be final.
8.50.120 Plan modification.
At any time subsequent to the city manager's approval of an abandoned cart prevention plan, the owner may request a modification of a previously approved plan to address a change in circumstances, an unanticipated physical or economic impact of the plan, or a need to modify an ineffective plan.
8.50.130 Exemption from mandatory plan.
A. Any owner may request an exemption on an annual basis from the requirements of this chapter if the owner provides written documentation and demonstrates to the satisfaction of the city that the owner has less than ten carts on the premises.
B. A written application for the exemption must include all of the following information: The name and address of the business, the name and address of the owner, the name and address of the on-site contact person, and the number of carts on the premises.
C. Any exemption granted to an owner shall become void upon the sale or transfer of ownership of the business.
8.50.140 Renewal of exemption.
Any owner granted an exemption from the abandoned cart prevention plan shall file with the city manager a written application for a one (1) year renewal of the exemption annually in accordance with the provisions of section 8.50.130. The written application for a renewal of the exemption shall include the information required to be submitted in the initial application for the exemption in accordance with the provisions of section 8.50.140.
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8.50.150 Denial or revocation of a renewal of an exemption.
An application for a renewal of an exemption may be denied or revoked by the city manager upon any of the following grounds:
1. The owner has failed to comply with any of the provisions of this chapter.
2. The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the exemption, or in any amendment or report or other information required to be made.
8.50.160 Notice of denial or revocation.
A. Upon determining the existence of any of the grounds for denial or revocation of a renewal of an exemption in accordance with this chapter, the city manager may issue to the owner a notice of intended decision to deny or revoke the exemption.
B. The notice of intended decision shall state all the grounds upon which the denial or revocation of the renewal application for an exemption is based.
C. The notice of intended decision shall specify the effective date of the denial or revocation of such exemption.
8.50.170 Violation and Penalty.
Any owner who violates a provision of this chapter or any provision of the owner's approved Abandoned Cart Prevention Plan shall be subject to an infraction as provided for in chapter 1.10 of this Code.
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