“Abandoned cart”
means any cart that has been removed without written permission
of the owner or on-duty manager from the premises of the business
establishment, regardless of whether it has been left on either private
or public property. Written permission shall be valid for a period
not to exceed seventy-two hours. This provision shall not apply to
carts that are removed for purposes of repair or maintenance.
“Agent”
means the person or persons designated by the owner of the
cart authorized to perform or provide retrieval services on behalf
of the owner. The agent may be the owner if so designated.
“Cart”
means a basket which is mounted on wheels or a similar device
provided by a business establishment for use by a customer for the
purpose of transporting goods of any kind, including, but not limited
to, grocery store shopping carts.
“Director”
means the director of public works or the code enforcement
division for the city of South San Francisco, or such other director
or officer designated by the city manager to administer this chapter.
“Owner”
means any person or entity, who in connection with the conduct
of a business, owns, possesses, or makes any cart available to customers
or the public. For purposes of this chapter, owner shall also include
the owner’s on-site or designated agent that provides the carts
for use by its customers.
“Premises”
means the entire area owned and utilized by the business
establishment that provides carts for use by customers, including
any parking lot or other property provided by the owner for customer
parking.
(Ord. 1475 § 1, 2013)
This chapter shall apply to all owners of a business establishment
or other commercial services within the city of South San Francisco
that provide twelve or more carts for customer use or the public.
(Ord. 1475 § 1, 2013)
It is unlawful for any person to cause or permit any cart to
be abandoned on or upon any sidewalk, street or other public area,
other than the premises of the owner of such cart.
(a) It
is unlawful to either temporarily or permanently remove a cart from
the premises or parking area of a business establishment without the
express prior written approval of the owner or on-duty manager of
the business establishment. Written permission shall be valid for
a period not to exceed seventy-two hours.
(b) This
section shall not apply to carts that are removed for the purposes
of repair or maintenance.
(c) A
violation of this section shall be an infraction and punishable by
a fine not exceeding one hundred dollars for a first violation; a
fine not exceeding two hundred dollars for a second violation of the
same act within a year; and five hundred dollars for each additional
violation within one year.
(Ord. 1475 § 1, 2013)
Every cart owned or provided by any owner must have a sign permanently
affixed to the cart that contains all of the following information:
(a) Identity
of owner, business establishment, or both.
(b) Notification
to the public that the removal of the cart from the premises is a
violation of state law.
(c) The
address or phone number of the owner of the business establishment
for cart return.
Any cart found abandoned on public property that does not have
the identification and information required by this section may be
removed from such public property and disposed of by the city in accordance
with California Business and Professions Code Section 22435.
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(Ord. 1475 § 1, 2013)
Any owner that agrees to enter into a contract with a city-designated retrieval service to provide for retrieval of abandoned carts, or individually, or as part of a consortium of businesses, enters into a retrieval contract with a retrieval service that is satisfactory to the city, shall be exempt from Sections
8.63.070(c) through
8.63.090 of this chapter. This exemption is valid only if the other provisions of this chapter are complied with by owner.
(Ord. 1475 § 1, 2013)
Every owner shall develop and implement a specific plan to prevent
customers from removing carts from the business premises. The plan
must include the following elements:
(a) Required Signs on Carts. Every cart owned or provided by any business establishment in the city of South San Francisco must have a sign permanently affixed to it that conforms to Section
8.63.050 of this chapter.
(b) Required
Signs on Property. Signs shall be placed in pertinent places near
door that warn customers that cart removal is prohibited and constitute
a violation of state and local law.
(c) Physical
Measures. Specific physical measures shall be implemented to prevent
cart removal from the business premises. These measures may include,
but are not limited to, disabling devices on all carts, posting of
a security guard to deter and stop customers who attempt to remove
carts from the business premises, security deposits required for use
of all carts, or the rental or sale of utility carts that can be temporarily
or permanently used for transport of purchases.
(Ord. 1475 § 1, 2013)
The proposed plan for preventing cart removal shall be submitted
for approval to the city within sixty days after adoption of the ordinance
codified in this chapter and each time the plan is proposed to be
amended. If a new plan is submitted, the proposed measures shall be
implemented by no later than thirty days after city approval is given.
The prevention measures shall be continued until and unless the city
indicates that a measure(s) needs to be modified. Unless otherwise
agreed, any modifications to the plan imposed by the city shall be
implemented within thirty days after the city notifies the owner of
the needed modifications.
(Ord. 1475 § 1, 2013)
Any owner that fails to submit a plan, implement the proposed
plan measures, or implement any required modifications to the plan
by the city within the time frames specified in this chapter shall
be subject to a one thousand dollar civil penalty, plus an additional
penalty of fifty dollars for each day of noncompliance.
(Ord. 1475 § 1, 2013)
Pursuant to California State
Business and Professions Code Section
22435.7, the city shall notify the owner of any abandoned carts owned
or used by the business establishment that have been located within
the city of South San Francisco within twenty-four hours of impoundment.
The owner shall have three business days from the date the notification
is given to retrieve carts from the city.
(Ord. 1475 § 1, 2013)
Pursuant to
Business and Professions Code Section 22435.7, any
owner that fails to retrieve its abandoned cart(s) within three business
days after receiving notice from the city, shall pay the city’s
administrative costs for retrieving the cart(s) and providing the
notification to the owner. Any owner who fails to retrieve abandoned
carts in accordance with this chapter in excess of three times during
a specified six-month period shall be subject to a fifty dollar fine
for each occurrence. An occurrence includes all carts owned by the
owner that are impounded by the city in a one-day period.
(Ord. 1475 § 1, 2013)
Pursuant to
Business and Professions Code Section 22435.7, any
cart not reclaimed from the city within thirty days after notification
to the owner shall be sold or otherwise disposed of by the city.
(Ord. 1475 § 1, 2013)
A violation of any provision of this chapter is declared a public nuisance and may be abated pursuant to Chapter
8.26 in a manner consistent with this chapter and to the extent allowed by state law.
(Ord. 1475 § 1, 2013)
The city manager or designee is authorized to and may establish
rules, regulations, guidelines and policies for implementing and enforcing
this chapter.
(Ord. 1475 § 1, 2013)
Every owner shall comply with the provisions of this chapter.
Any owner who violates any provision of this chapter shall be subject
to enforcement procedures for each violation through any lawful means
available to the city.
(Ord. 1475 § 1, 2013)