(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:
"Abandoned shopping cart"
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.
"Premises"
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.
"Shopping cart"
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.
"Shopping cart containment plan"
means the plan defined in Section 8.51.090.
"Shopping cart owner"
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.
"Shopping cart retrieval service"
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)