(a)
The Escondido 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 tend to 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
pedestrian and vehicular travel. Abandoned shopping carts are an attractive
nuisance to children and may cause injury to children.
(b)
The ordinance codified in this article is enacted for the purpose
of promoting the public health, safety, and general welfare of our
citizens by requiring shopping cart owners to contain shopping carts
on their own premises. This article is not intended to be construed
or applied in any manner inconsistent with California Business and
Professions Codes Section 22435, et seq., or any other provisions
of state law.
(Ord. No. 2006-28, § 1, 8-9-06)
In this article, the following terms have meanings as set forth
below:
shall mean a shopping cart which is located outside the owner's
premises.
shall mean the city of Escondido, represented by an agent
appointed by the city manager to administer this article.
shall mean any person or entity, who in connection with the
conduct of a business, makes shopping carts available for customer
or public use within the boundaries of the business premises.
shall mean the entire lot area maintained and managed by
the owner, including the building, parking lot, and adjacent walkways
where the owner's shopping carts are permitted.
shall mean 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.
shall mean the document submitted by the owner pursuant to
section 17-318 of this article.
(Ord. No. 2006-28, § 1, 8-9-06)
Except as otherwise provided in this article, the provisions
of this article shall be administered and enforced by the city manager
or his or her designated agents. The city manager or his or her designated
agents may enter onto public property to examine a shopping cart to
obtain information as to the owner of the shopping cart or to cause
the removal of a shopping cart pursuant to the provisions of this
chapter.
(Ord. No. 2006-28, § 1, 8-9-06)
This article shall apply to all shopping cart owners within
the city who, in conjunction with the conduct of business, offer shopping
carts for customer or public use.
(Ord. No. 2006-28, § 1, 8-9-06)
All shopping cart owners shall secure and continuously maintain
a shopping cart retrieval service, or other city-approved retrieval
plan, to retrieve abandoned shopping carts belonging to the owner.
All owners shall provide evidence of the service or plan as part of
their cart containment plan submitted to the city pursuant to Section
17-318(e) or at any other time upon the city's request.
(Ord. No. 2006-28, § 1, 8-9-06)
Shopping cart owners must post a multilingual sign in a conspicuous
place on their premises within two feet of all customer entrances
and exits which states at a minimum:
Removal of shopping carts from the premises is prohibited by
law.
B & P Code Section 22435.2.
(Ord. No. 2006-28, § 1, 8-9-06)
Owners shall permanently affix a sign to all shopping carts
which contains the following information:
(a)
Identity of the owner of the shopping cart, 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)
Notification that unauthorized removal of the shopping cart from
the premises, or unauthorized possession, is a violation of law; and
(d)
A valid telephone number or address for returning the shopping cart
to the owner.
(Ord. No. 2006-28, § 1, 8-9-06)
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. Containment of shopping carts shall
be achieved through the design and implementation of a city-approved
shopping cart containment plan. 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 section 17-316
and section 17-317. These descriptions must include size, wording,
and location where the signs are to be placed.
(d)
Shopping cart containment measures. Owners shall describe the specific
measures to be implemented to prevent unauthorized removal of the
shopping cart 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 plan which is
acceptable to the city and likely to prevent removal of shopping carts
from the premises.
(e)
Shopping cart retrieval. Description and identification of the shopping
cart retrieval service or city-approved retrieval plan maintained
pursuant to section 17-315 of this article. If a 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
from the copy.
(f)
Other information. Any other information deemed necessary by the
city to determine the adequacy of the shopping cart containment plan.
(Ord. No. 2006-28, § 1, 8-9-06)
(a)
The shopping cart containment plan pursuant to section 17-318 for
existing businesses must be submitted to the city within 90 days after
adoption of the ordinance in this article. The plan for new businesses
must be submitted to the city within 30 days of the issuance of a
business license. Each proposed plan shall be accompanied by a processing
fee in an amount as set forth by resolution of the city council. No
plan will be accepted without the processing fee. The city 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 30
days from the date of approval.
(b)
The city may deny a plan for any of the following reasons:
(1)
The implementation of the plan would violate a city municipal code
section or any county, state, or federal law;
(2)
The plan fails to include all of the information required by section
17-318;
(3)
The plan is deemed not likely to prevent removal of shopping carts
from the premises;
(4)
The plan omits facts, including special or unique conditions of the
premises, which are required to be provided for to ensure adequacy
of the plan.
(c)
If a plan is rejected by the city for incompleteness, or any of the reasons listed in subsections (b)(1) through (4) of this section, the city 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 10 days from the date of rejection to submit a corrected plan.
(d)
Any shopping cart owner in the city who fails to submit a complete
plan, fails to implement an approved plan, fails to contract with
a retrieval service or implement a city-approved retrieval plan, or
fails to correct a rejected plan shall be subject to enforcement of
these requirements through any means provided to the city, including
civil assessments and/or criminal misdemeanor prosecution provided
for in section 17-320.
(e)
If, at any time, the City deems the implemented plan to be ineffective,
the city may revoke the implemented plan and require the owner to
submit a new plan for approval or denial by the city pursuant to the
provisions set forth herein. An ineffective plan shall be one which
allows more than five shopping carts per week to leave the premises
of the owner. A week shall be measured from 12:00 a.m. Monday to the
following Sunday at 11:59 p.m. The city may enforce these requirements
through any means provided to the city, including civil assessments
and/or criminal misdemeanor prosecution provided for in section 17-320.
(f)
If, at any time, the owner wants to modify a plan approved by the
city, the owner shall submit the modified plan for approval or denial
by the city pursuant to the provisions set forth herein.
(Ord. No. 2006-28, § 1, 8-9-06)
All shopping cart owners must keep statistics regarding shopping
cart use, loss, and recovery on a monthly basis. These statistics
shall be provided to the city upon the city's request.
(Ord. No. 2006-28, § 1, 8-9-06)
(a)
It shall be unlawful for any person to violate or fail to comply
with any provisions of this article. A violation of any of the provisions
or failing to comply with any of the mandatory requirements of this
article shall constitute a misdemeanor except that notwithstanding
any other provisions of this article, any such violation constituting
a misdemeanor under this article may, in the discretion of the city
attorney having prosecutorial functions, be charged and prosecuted
as an infraction. Any person convicted of a misdemeanor under the
provisions of this article shall be punished by fine of not exceeding
$1,000, or imprisonment not exceeding six months, or by both such
fine and imprisonment in the discretion of the court.
(b)
Each person shall be guilty of a separate offense for each and every
day during any portion of which any violation of this article is committed,
continued or permitted by such person; and he or she shall be punished
accordingly.
(Ord. No. 2006-28, § 1, 8-9-06)
This article is not the exclusive regulation of shopping carts
within the city. It is meant to supplement and be in addition to other
regulatory codes, statutes and ordinances of the city or state.
(Ord. No. 2006-28, § 1, 8-9-06)
If any section, subsection, sentence, clause, phrase, or portion
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions thereof.
(Ord. No. 2006-28, § 1, 8-9-06)
