Many retail establishments provide shopping carts for the convenience
of customers while shopping on the premises of such businesses. However,
shopping carts removed from the premises of such businesses and left
abandoned on public or private property throughout the City constitute
a public nuisance and a potential hazard to the health and safety
of the public. The proliferation of lost, stolen, or abandoned shopping
carts on public and private property causes blighting conditions in
the community, results in the obstruction of free access to public
and private sidewalks, streets, parking lots, and other ways, interferes
with pedestrian and vehicular traffic on public and private streets
and impedes emergency services. For the aforesaid reasons, such lost,
stolen or abandoned shopping carts are declared to be a public nuisance
that shall be subject to abatement in the manner set forth in this
chapter or in any other manner provided by law. The purpose of this
chapter is to set forth regulations to ensure that measures are taken
by the owners and operators of businesses that provide 10 or more
shopping carts for the convenience of customers to prevent the removal
of shopping carts from business premises and parking lots, and to
provide for the prompt retrieval of lost, stolen or abandoned shopping
carts, to complement and supplement provisions of state law and to
adopt local regulations to the extent not otherwise preempted by state
statute.
(2777 § 1, 2010; 2802 § 1, 2011)
Except as otherwise expressly set forth herein, the following
words and terms as used in this chapter shall have the following meanings:
see "Lost, stolen, or abandoned shopping cart."
means a basket that is mounted on wheels or a similar device
generally used in a retail establishment by a customer for the purpose
of transporting goods of any kind. The term "shopping cart" or "cart"
includes a laundry cart.
means the City of Garden Grove, California or its designated
representative.
means any police officer or Code enforcement officer employed
by the City of Garden Grove.
means a basket that is mounted on wheels and generally used
in a coin- operated laundry or dry-cleaning retail establishment by
a customer or an attendant for the purpose of transporting clothing,
fabrics, and/or the supplies necessary to process them.
means a shopping cart that is either (1) removed from the
premises of a retail establishment by any person without the written
permission or consent of the owner of the shopping cart or the retailer
otherwise entitled to possession of such cart, or (2) left unattended,
discarded or abandoned upon any public or private property other than
the premises of the retail establishment from which such shopping
cart was removed, even if in the possession of any person, unless
such person in possession thereof (a) is the owner, or an employee
or authorized agent of the owner, entitled to possession of the shopping
cart, (b) is an officer, employee or agent of a cart retrieval service
hired by the owner to retrieve such carts, (c) is an enforcement officer
retrieving, storing or disposing of said cart, or (d) has written
permission or consent to be in possession of the shopping cart from
the owner entitled to possession of the shopping cart.
means any owner, manager, or operator of any retail establishment.
means a parking lot or other property provided by a retail
establishment for the use by customers for parking of customer vehicles
for use at such retail establishment. The parking area of a retail
establishment located in a multistore complex or shopping center shall
include the entire parking area used by the multistore complex or
shopping center.
means any building, property, or other area upon which any
retail establishment business is conducted or operated in the City,
including the parking area provided for customers.
means the Public Works Director of the City.
means any business located in the City, regardless of whether
the business is advertised or operated as a retail, service, or wholesale
business, and regardless of whether the business is open to the general
public, or is a private club or business, or is a membership store.
(2777 § 1, 2010; 2802 § 1, 2011)
A.
Owners
of every retail establishment that utilizes 10 or more carts shall
implement one or more of the following physical measures to prevent
the removal of carts from their premises no later than May 18, 2011:
1.
Disabling
devices on all carts that prevent the carts from being removed from
the business premises by locking the wheels or otherwise preventing
the movement of the carts; or
2.
Physical
barriers located at doors, around loading areas or other defined perimeters
that will prevent the passage of carts beyond the barriers. The barriers
may also be placed on the carts themselves so that the carts cannot
pass through door openings or other defined perimeters.
B.
By November
18, 2010, the owner of every retail establishment that utilizes 10
or more carts shall present to the Public Works Director a written
plan setting forth the physical measures it plans to implement to
comply with the requirements of this chapter.
(2777 § 1, 2010; 2802 § 1, 2011)
In addition to installing physical measures to prevent the removal
of carts from the premises, every retail establishment that provides
10 or more shopping carts to customers for use on the premises shall
also comply with the following requirements:
A.
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 or the retailer or both; notifies the public that the
unauthorized removal of the cart from the premises of the business,
or the unauthorized possession of the cart, is a violation of law,
and lists a valid telephone number and address for returning the cart
removed from the premises to the owner or retailer.
B.
Notice
to customers. Written notice shall be provided to customers in English,
Spanish, Korean, and Vietnamese that removal of shopping carts from
the premises is prohibited by law. Such notice may be provided in
the form of flyers distributed on the premises, warnings printed on
shopping bags, direct mail, website notices or any other means demonstrated
to be effective. In addition, conspicuous signs shall be placed and
maintained on the premises near all customer entrances and exits and
throughout the premises, including the parking area, warning customers
that removal of shopping carts from the premises is prohibited by
law.
C.
Daily
cart confinement. All shopping carts located on the premises of each
retail establishment (other than an establishment open for business
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 at the cart confinement area on the premises
as designated in the cart containment plan until the commencement
of the next business day. All shopping carts located on the premises
of any retail establishment open for business 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 on the premises as designated in the cart
containment plan at least once per calendar day between the hours
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.
D.
Employee
training. The owner of each retail establishment shall implement and
maintain a periodic training program for its new and existing employees
designed to educate such employees concerning the requirements of
this chapter and the provisions of state law prohibiting the unauthorized
removal of shopping carts from the premises of the retail establishment.
E.
Collaboration
with other businesses. Two or more retail establishments located within
the same shopping or retail center or sharing a common parking area
may collaborate and submit a single cart containment plan.
(2777 § 1, 2010; 2802 § 1, 2011)
A.
New
or relocated retail establishments. Each new retail establishment,
and any existing retail establishment relocating to a different location
within the City that utilizes 10 or more carts shall present to the
Public Works Director a written plan setting forth the physical measures
it plans to implement to comply with the requirements of this chapter,
and obtain approval thereof by the City, prior to providing any carts
to customers of the retail establishment. For retail establishments
implementing the use of disabling devices pursuant to Section 8.31.030(A)(1)
of this chapter, the written plan shall incorporate a maintenance
plan for ensuring that disabling devices are maintained in working
order.
B.
Existing retail establishments. Each existing retail establishment shall submit a proposed plan complying with the requirements of Section 8.31.030 of this chapter to the Public Works Director within the timeline set forth therein. For retail establishments implementing the use of disabling devices pursuant to Section 8.31.030(A)(1), the written plan shall incorporate a maintenance plan for ensuring that disabling devices are maintained in working order.
C.
Plan review and approval. Upon the filing of any proposed plan submitted pursuant to this chapter, the Public Works Director shall review the proposed plan and either approve or deny approval of the proposed plan within 30 calendar days following the receipt thereof by the Public Works Director. If the proposed plan complies with each of the applicable requirements of this chapter, the Public Works Director shall approve the plan, otherwise the proposed plan shall be denied. The decision of the Public Works Director shall be made in writing and notice thereof shall be transmitted to the owner of the retail establishment by the United States Postal Service, first-class mail, postage prepaid, or by personal delivery or fax transmission. The notice of decision of the Public Works Director shall be deemed given to the owner on the date of personal delivery or on the date of the fax transmission to the owner; notices given by the United States Postal Service, first-class mail, postage prepaid, shall be deemed given to the owner on the third day following the date of deposit in the U.S. Mail. If the proposed plan is denied, the notice of decision given to the owner shall state the grounds upon which the proposed plan was denied. A decision of the Public Works Director may be appealed by the owner in the time and manner provided in Section 8.31.060.
D.
Amendments by owner. The owner of any retail establishment that has an approved plan conforming to the requirements of this chapter may, at any time, submit a proposed amendment to the approved plan which amendment shall be processed in accordance with the procedure provided for a proposed plan as set forth in subsection C of this section.
E.
Revocation
or amendment by city.
1.
Grounds.
An approved plan may be revoked by the City upon any of the following
grounds:
a.
The owner of any retail establishment is operating, or is permitting
operation of, the retail establishment in violation of one or more
of the provisions of the approved plan and has failed to correct the
violation(s) for a period of at least 15 calendar days following the
date of receipt of written notice of such violation(s) from the City;
or
b.
The owner of any retail establishment with an approved plan is operating,
or is permitting the operation of the retail establishment in violation
of one or more of the requirements of this chapter and has failed
to correct the violation(s) for a period of at least 15 calendar days
following the date of receipt of written notice of such violation(s)
from the City; or
c.
The mandatory cart containment plan, as approved, is inadequate to
reasonably prevent the removal of shopping carts from the premises
of the retail establishment.
2.
Order
to show cause. If at any time following the approval of a plan, the
Public Works Director obtains information or evidence that any of
the grounds set forth in subsection (E)(1) of this section may exist,
the Public Works Director may issue a written order to show cause
as to why the approved plan should not be revoked and schedule a hearing
thereon which hearing shall not be less than 15 calendar days nor
more than 30 calendar days following the date such order to show cause
is given to the owner of the retail establishment. The order to show
cause shall state the grounds upon which it is proposed to revoke
the approved plan and shall include the information and evidence,
or a summary thereof, upon which such order was issued.
3.
Notice of hearing. Notice of the hearing on any order to show cause issued pursuant to this section shall be given in the time and manner provided in subsection C of this section.
4.
Conduct
of hearing. The hearing shall be conducted informally and the formal
rules of evidence shall not be applicable. The owner and the City
shall each have the opportunity to present relevant evidence and witnesses.
The parties may each be represented by legal counsel or other representatives
of their choice. The City shall bear the burden of proof to establish,
by a preponderance of the evidence, that grounds exist to revoke the
plan. The Public Works Director, at his or her discretion, and as
an alternative to revocation, may consider amendment of the plan if
the grounds for the order to show cause are solely the inadequacy
of the approved plan.
5.
Decision
of public works director. Within 15 calendar days following conclusion
of the hearing, the Public Works Director shall render his or her
decision in writing either dismissing the proceedings or revoking
or amending the plan. If the plan is revoked or amended, the decision
shall specify the findings of fact and the reasons for such action.
If the plan is amended, the decision shall also specify the amendment(s)
to the plan.
6.
Notice of decision. Notice of the decision of the Public Works Director shall be given in the time and manner specified in subsection C of this section.
7.
Appeal of decision. The decision of the Public Works Director shall be subject to appeal by the owner within the time and manner specified in Section 8.31.060. In the absence of a timely appeal, the decision of the Public Works Director shall be final and conclusive.
8.
Use
of shopping carts following revocation prohibited. No owner of any
retail establishment that is subject to the requirements of this chapter
shall provide or make available shopping carts for the use of customers
following the date any decision revoking a plan required and approved
pursuant to this chapter becomes final unless and until a new proposed
plan is approved by the City for such retail establishment. Notwithstanding
any other provision of this chapter, an owner of a retail establishment
shall not be eligible to submit a new proposed plan to the City for
processing for a minimum of 120 days following the date any decision
revoking the prior plan for such retail establishment becomes final.
Any proposed plan submitted to the City for such retail establishment
during the 120-day period shall be returned to the owner of the retail
establishment as untimely.
(2777 § 1, 2010; 2802 § 1, 2011)
A.
Filing of appeal. Any owner aggrieved by any adverse decision of the Public Works Director pursuant to this chapter may appeal such decision to the City Manager of the City within 15 calendar days following the date of giving of notice of such decision by filing with the City Clerk a written notice of appeal stating each ground for such appeal and all facts and information that supports the appeal. The notice of decision of the Public Works Director shall be deemed given on the date as provided in Section 8.31.050(C) of this chapter. Such appeal shall be deemed filed on the date the appeal is actually received in the City Clerk's Office accompanied by an appeal-processing fee in an amount as set by City Council resolution. No appeal shall be accepted for filing and processing by the City Clerk unless accompanied by the appealprocessing fee as established by the City Council.
B.
Notice
of hearing. If the appeal is timely filed, the City Clerk shall notify
the City Manager who shall designate a hearing officer. Such hearing
officer shall cause the matter to be set for hearing, which hearing
date shall be within 30 calendar days following the date of receipt
of such notice of appeal. The appellant shall be provided not less
than 10 calendar days written notice of the date, time and place of
the hearing.
C.
Conduct
of hearing. The hearing shall be conducted informally and the formal
rules of evidence shall not be applicable. The owner and the City
shall each have the opportunity to present relevant evidence and witnesses.
The parties may each be represented by legal counsel or other representatives
of their choice. No additional evidence or argument shall be received
or considered following the conclusion of the hearing except as may
be agreed by stipulation of the parties.
D.
Decision
by hearing officer. The hearing officer shall render a decision on
the appeal and adopt findings of fact in support of such decision
within 30 calendar days following the conclusion of the hearing.
E.
Notice
of decision. The notice of decision of the hearing officer shall be
deemed given on the date of personal delivery or on the date of the
fax transmission to the appellant; notices given by the United States
Postal Service, first-class mail, postage prepaid, shall be deemed
given to the appellant on the third day following the date of deposit
in the U.S. Mail.
F.
Decision
is final. The decision of the hearing officer shall be final. The
decision shall include notice that any legal challenge to the final
decision shall be made pursuant to provisions of Code of Civil Procedure
Sections 1094.5 and 1094.6 and shall be commenced within 90 days following
issuance of the final decision.
(2777 § 1, 2010; 2802 § 1, 2011)
A.
Except
as otherwise expressly provided in this chapter, it shall be unlawful
for the owner of any retail establishment that provides 10 or more
shopping carts to provide or offer, or permit to be provided or offered,
any shopping carts to customers of the retail establishment without
an approved mandatory cart containment plan as required by this chapter.
B.
It shall
be unlawful for the owner of any retail establishment to provide or
offer, or permit to be provided or offered, to customers of the retail
establishment any shopping cart that does not have a sign permanently
affixed thereto containing all of the information specified in Section
22435.1 of the Business and Professions Code of the State of California.
C.
It shall
be unlawful for the owner of any retail establishment to operate in
violation of any provision of an approved mandatory cart containment
plan as required by this chapter or in violation of any provision
of this chapter.
D.
Penalty for violation. A violation of any provision of this chapter committed by any person or entity shall be punishable as provided for in Title 1 of this Code. Each day a violation of any provision of this chapter exists shall be a new and separate violation.
E.
Declaration
of public nuisance. It is declared a public nuisance for any person
owning, leasing, occupying, or having charge or possession of any
retail establishment in the City to maintain upon such premises, or
to permit, cause or allow to exist on such premises a violation of
any provision of this chapter. Any violation may be abated by the
City through civil proceedings by means of a restraining order, preliminary
or permanent injunction, or in any other manner provided by law for
the abatement of such nuisances. Any person who violates any of the
provisions of this chapter shall be responsible for the City's attorney
fees and legal costs associated with the abatement.
F.
Penalties
not exclusive. The penalties set forth herein are cumulative and in
addition to all other remedies, violations and penalties set forth
in this chapter, or in any other ordinances, laws, rules or regulations
of the City of Garden Grove, County of Orange and the State of California.
(2777 § 1, 2010; 2802 § 1, 2011)
Nothing in this chapter shall be construed to limit the City's
ability to impound shopping carts and recover the City's costs, as
established by City Council resolution, in accordance with Section
22435.1 of the California Business and Professions Code.
(2777 § 1, 2010; 2802 § 1, 2011)
