(a)
The
Fountain Valley city council finds that abandoned shopping carts cause
blighting conditions in our community. More specifically, abandoned
shopping carts detract from the aesthetics of streets, sidewalks,
neighborhoods, and residences and diminish property values. The abandonment
of shopping carts is a public nuisance. Left in streets or on sidewalks,
abandoned shopping carts are a danger to the safety and welfare of
persons using public rights-of-way and interfere with the pedestrian
and vehicular travel. Abandoned shopping carts are an attractive nuisance
to children and may cause injury to children.
(b)
This
chapter is enacted for the purpose of promoting the public health,
safety and welfare of citizens by requiring shopping cart owners to
contain shopping carts on their premises. This chapter is not to be
construed or applied in any manner that is inconsistent with California
Business and Professions Code Section 22435 et seq., or any other
provision of state law.
(Ord. 1425 § 1, 2008)
As used in this chapter, the following words and phrases shall
have the following meanings:
means a shopping cart which has been removed from the business
premises with or without the consent of the shopping cart owner and
left in or adjacent to any public right-of-way.
means the entire lot area maintained and managed by the shopping
cart owner, including the building, parking lot, and adjacent privately
owned walkways where s shopping carts are permitted.
means a basket which 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.
means the plan defined in Section 8.51.090.
means any owner, manager, or other person in charge of a
business, firm, corporation, partnership, company or similar entity
that, in connection with the conduct of a business, makes shopping
carts available for customer or public use within the boundaries of
the business premises.
means a service operated by the shopping cart owner or an
independent professional retrieval service that searches for, retrieves
and/or restores abandoned shopping carts to the possession of the
shopping cart owner.
(Ord. 1425 § 1, 2008)
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 on the private property to examine a shopping
cart or to cause the removal of a shopping cart pursuant to the provisions
of this chapter.
(Ord. 1425 § 1, 2008)
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 or more shopping carts for customer use.
(Ord. 1425 § 1, 2008)
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.
(Ord. 1425 § 1, 2008)
All shopping cart owners with ten 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 business. 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 s shopping carts
can be retrieved within a twenty-four hour period. All shopping cart
owners shall file a copy of their shopping cart retrieval plan with
the city within sixty days of opening for business, including the
name and contact information of the professional retrieval service
should one be employed.
(Ord. 1425 § 1, 2008)
Shopping cart owners must post a sign in a conspicuous place
on their premises within two 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.
Business and Professions Code Section 22435.2."
(Ord. 1425 § 1, 2008)
Shopping cart owners with ten or more shopping carts shall permanently
affix a sign to all shopping carts which contains the following information:
(a)
The
identity of the shopping cart owner, including business name and store
number, if applicable;
(b)
A
notification of the procedures for authorized removal of the shopping
cart from the premises;
(c)
A
notification that unauthorized removal of the shopping cart from the
premises, or unauthorized possession, is a violation of law; and
(d)
A
valid address and telephone number to enable the shopping cart to
be returned to the shopping cart owner.
(Ord. 1425 § 1, 2008)
If a shopping cart retrieval plan as specified in Section 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 days of a written request by the planning director or designee. This plan, at a minimum, shall include:
(a)
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.
(b)
Shopping
Cart Inventory. The total number of shopping carts maintained in or
on the premises.
(c)
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.
(d)
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.
(e)
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.
(Ord. 1425 § 1, 2008)
(a)
The
shopping cart containment plan must be submitted to the planning director
within thirty days after initial notification of the plan requirement.
The planning director may approve or deny a plan and must notify the
owner in writing of the decision. If approved, the plan shall be implemented
by the owner within thirty days from the date of approval.
(b)
The
planning director may revoke or deny a plan for any of the following
reasons:
(1)
The implementation of the plan would violate any city code, law or
ordinance, or state or federal law, statute or regulation;
(2)
The plan fails to include all of the information required by this
chapter;
(3)
The plan does not prevent the removal of shopping carts from the
premises; or
(4)
The plan omits facts, including special or unique conditions of the
premises, which are required to be provided to ensure adequacy of
the plan.
(c)
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 days from the date of rejection to submit a corrected plan.
(d)
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 the shopping carts originating from the shopping
cart owner's premises are found abandoned.
(e)
If,
at any time, the shopping cart owner wants to modify the 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.
(f)
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 shopping cart retrieval service, fail
to correct a rejected plan, or maintain an ineffective plan in violation
of this chapter.
(Ord. 1425 § 1, 2008)
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 ten calendar days of the date
of mailing of the notice by the city informing the shopping cart owner
of the imposition, denial or revocation of a cart containment plan.
The appeal shall be accompanied by a nonrefundable fee to be set forth
by city council resolution. Upon timely receipt of a written request
for an appeal, the city manager or designee shall schedule a hearing
which shall be held no later than thirty calendar days of receipt
of the request for an appeal. The city manager or designee shall serve
as hearing officer. At the hearing, the shopping cart owner shall
be given the opportunity to present witnesses 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 calendar days after
the hearing. The city manager's decision shall be final.
(Ord. 1425 § 1, 2008; Ord. 1563 § 11, 2020)
It is 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.
(Ord. 1425 § 1, 2008)
