The city of Glendora finds that abandoned shopping carts in
the city create potential hazard to the health and safety of the public,
and interfere with pedestrian and vehicular traffic and create a public
nuisance. The accumulation of abandoned carts on public and private
property tends to create conditions that reduce property values, and
promote blight and deterioration that result in a public nuisance.
This chapter is intended to ensure that measures are taken by the
owners of shopping carts to prevent the removal of the shopping carts
from the owner's premises, to make removal of the shopping cart without
the owner's approval a violation of this code, and to facilitate the
retrieval of abandoned shopping carts in a manner consistent with
state law.
Retail establishments owning any shopping carts are subject
to the provisions of this chapter.
(Ord. 2051 § 1, 2020)
means any cart that is located outside the premises or parking
lot of a retail establishment which owns the cart, except a cart that
is in the physical possession of a person who has the express written
consent of the cart's owner.
means that license for operation of a retail establishment
required under Title 5 of this code.
means every business or person who, in connection with the
conduct of a retail establishment owns, right-fully possesses, or
makes any cart available to patrons and/or the public. This shall
include the owner's agent or authorized representative.
means the city of Glendora or its designated representatives.
means the Glendora Municipal Code unless otherwise specified.
shall mean the date that the implementation, enforcement
and applicability of this chapter to cart owners and retail establishments
starts. The "commencement date" shall be six months following the
day this chapter takes effect following adoption by the city council.
means an authorized independent person approved by the city
council for the purpose of effecting the removal of abandoned shopping
carts.
means the city's director of public works or other employee
designated by the director of public works or the city manager to
enforce or carry out the provisions of this chapter.
means a system selected by the retail establishment that
results in no more than five shopping carts being removed without
the owner's consent from the business premises or parking area within
the twelve month period commencing with the issuance of a business
registration or the renewal of the business registration (minimum
of five carts in a twelve month time period). An effective containment
program may include one or more of the following measures:
Disabling devices on all shopping carts which prevent them from
being removed from the business premises by locking the wheels or
otherwise preventing the movement of the carts.
An on-site security guard to deter customers who attempt to
remove carts from the business premises.
Bollards and chains around the business premises to prevent
cart removal, if permitted by the fire marshal.
Any other measure approved by the director in writing as a means
to contain carts on the premises.
means no more than five abandoned shopping carts are collected
by the city or its contractor within the city limits and returned
to the retail establishment within the twelve month period commencing
with the issuance of a business registration or the renewal of the
business registration (minimum of five carts in a twelve month time
period). There is a rebuttable presumption that a cart found abandoned
somewhere off the premises of the cart's owner was removed from the
premises without the owner's consent and that if the city or its contractor
removes it and returns it to the retail establishment, the cart was
abandoned for more than forty-eight hours.
means the retail establishment's ongoing activities to prevent
the theft and abandonment of shopping carts from their parking area,
combined with the retail establishment's ongoing activity to retrieve
any abandoned shopping cart owned by the retail establishment from
public or private property within the city within forty-eight hours.
means a shopping cart that has a permanently affixed sign
that identifies, in accordance with California Business and Professions
Code Section 22435.1, the owner of the cart or the retailer, or both;
notifies the public of the procedure to be utilized for authorized
removal of the cart from the owner's premises; notifies the public
that the unauthorized removal of the cart from the cart owner's premises
or cart owner's parking area or the unauthorized possession of the
cart, is a violation of state law; and lists a valid telephone number
or address for returning the cart to the owner or retailer. If the
cart owner operates more than one store, the sign shall identify the
location of the store where the cart is used.
means a parking lot or other property provided by a retail
establishment for use by a customer for parking an automobile or other
vehicle. In a multi-store complex or shopping center, "parking area"
includes the entire parking area used by or controlled by the complex
or center.
means a natural person, firm, association, organization,
partnership, business, trust, corporation, limited liability company,
or other entity.
means any property not owned by the city, its successor agency,
library, or other such sub-agencies or boards acting under the authority
of the city of Glendora.
means property owned by the city, its successor agency, library,
or other such sub-agencies or boards acting under the authority of
the city of Glendora.
means any trade establishment selling articles, commodities,
services, or any line of merchandise where shopping carts are made
available for and used by patrons and/or the public.
means a basket that is mounted on wheels or a similar device
generally used in retail establishments by a patron and/or the public
for the purpose of transporting goods of any kind. Shopping cart also
includes a cart used in a coin-operated laundry or dry-cleaning retail
establishment for purposes of transporting clothes and necessary cleaning
materials.
means a shopping cart that is not an identified cart, as
defined above.
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For the purpose of this chapter, words and phrases not expressly
defined in this section shall be given their customary and usual meanings
and shall be interpreted and construed accordingly.
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(Ord. 2051 § 1, 2020)
The city council finds and determines that any abandoned shopping
cart is declared to constitute a public nuisance that could impede
emergency services, interfere with pedestrian and vehicular traffic,
reduce property values, promote blight and deterioration, comprise
an attractive nuisance and create other hazards to the health, safety,
and general welfare of the community by having a tendency to degrade
the appearance of the community and thereby decrease property values.
(Ord. 2051 § 1, 2020)
As of the commencement date, all carts shall be maintained as
identified carts, including:
(1)
The
cart owner shall provide signage on their premises in a conspicuous
location notifying cart users that removal of carts from the premises
or parking area is prohibited without the written consent of the retail
establishment.
(2)
The
owner of a retail establishment shall mark all carts used in its business
by its customers as required by California Business and Professions
Code Section 22435.1. The owner shall permanently affix a sign to
each cart that identifies the owner of the cart or the retailer, or
both; notifies the public of the procedure to be utilized for authorized
removal of the cart from the cart owner's premises; notifies the public
that the unauthorized removal of the cart from the cart owner's premises
or cart owner's parking area or the unauthorized possession of the
cart is a violation of state law; lists a valid telephone number,
or address for returning the cart to the cart owner.
(Ord. 2051 § 1, 2020)
(a)
Unlawful
Possession. It is unlawful for any person other than a cart owner
or its authorized representative to do any of the following acts:
(1)
To remove or cause to be removed any cart from a retail establishment
or a parking area without the prior written consent of the owner.
(2)
To possess any cart that has been removed from a parking area without
the prior written consent of the cart owner or retail establishment,
with the intent to temporarily or permanently deprive the owner of
possession of the cart.
(3)
To alter, convert, or tamper with any cart, or remove any part or
portion thereof, or to remove, obliterate, or alter any identification,
including, but not limited to, any serial numbers, or to possess any
cart that has been altered, converted, or tampered with or whose identification
has been removed, obliterated, or altered, with the intent to temporarily
or permanently deprive the owner or retailer of possession of the
cart without the prior written consent of the cart owner.
(4)
To abandon or leave any cart, which has been removed from a business
establishment or a parking facility, upon any public property or upon
any private property that is not the premises of the retail establishment
or the parking facility.
(5)
For purposes of all provisions in this chapter, any person removing
a cart from the retail business or parking area with consent of the
cart owner shall carry a copy of such written consent on their person.
(b)
Engagement
of Contractor. The city may, in accordance with the applicable city
policies and as approved by city Council, cause the city to engage
a contractor to retrieve abandoned carts and such contractor shall
comply with the provisions of this chapter and applicable state law
including, but not limited to, Business and Professions Code Section
22435.10 et seq.
(Ord. 2051 § 1, 2020)
As of the commencement date, it is unlawful for any person owning
a retail establishment located in the city where carts are available
for customer use not to implement and maintain an effective cart nuisance
abatement program. Effectiveness is measured by the performance of
the retail establishment's effective cart nuisance abatement program
in compliance with this section. Any cart owner shall implement and
use any reasonable means in any combination to: (i) prevent the removal
or theft of their carts from their premises and parking area and subsequent
abandonment of their carts within the city limits; and (ii) if such
prevention measures are not one hundred percent effective, cart owners
shall retrieve any and all their abandoned shopping carts from within
the city boundaries within forty-eight hours.
(a)
Elements of an Effective Cart Nuisance Abatement Program. Within the timeframes set forth in subsection 9.66.060(b) below, all retail establishments/cart owners must: (i) notify the director that they own carts for the use of their customers on their premises; and (ii) submit a written plan for the implementation of an effective cart nuisance abatement program. The program shall include, but is not limited to, the following:
(1)
A customer outreach process under which the cart owner shall cause
additional notice to be provided to customers in addition to the standard
signage and marking of the shopping cart as per subsections (1) and
(2) of this subsection that the removal of carts from the premises
is prohibited and is a violation of state and local law. This customer
outreach notification may include, but is not limited to: flyers distributed
at the premises, warnings on shopping bags, direct mail, announcements
using intercom systems at the premises, website communication, and
other available information tools. It may also include marketing to
customers their own personal cart for use in lieu of the retail establishment's
shopping cart. The exact means and frequency of this outreach is to
be determined by the retail establishment.
(2)
Either an "effective containment program" or an "effective retrieval program" as each is defined in Section 9.66.020, or both.
(3)
If a retail establishment has a valid and operational contract with a contractor recognized by the city to retrieve abandoned shopping carts and return them to the retail establishment on an ongoing and regular basis of at least three times per week, then the owner is presumptively deemed to have an effective cart nuisance abatement program, which presumption may be rebutted if the cart retrieval contractor fails to meet the standards for "effectiveness" set forth in this section. Nothing in this section waives or limits compliance with the signage and cart marking mandates in Section 9.66.040.
(b)
Submission
of Plans for Implementing Effective Cart Nuisance Abatement Program;
Annual Renewal. As of the commencement date: (i) any new retail establishments
shall submit their initial plans for implementing an effective cart
nuisance abatement program at least thirty days prior to the retail
establishment's original business license application; or (ii) for
retail establishments operating as of the commencement date, the initial
plan for implementing an effective cart nuisance abatement program
shall be submitted with their first business license renewal application
due following the commencement date. Once an initial plan implementing
an effective cart nuisance abatement program is approved, such plan
shall be re-submitted for renewal every two years at least thirty
days prior to the retail establishment's business license renewal
application. for The proposed plan for an effective cart nuisance
abatement program shall contain the following information:
(1)
That the retail establishment owns carts for the use of their customers
on their premises and parking areas;
(2)
The address of the retail establishment and identity of associated
parking areas utilized directly for its carts;
(3)
A contact phone number at the retail establishment in Glendora for
the person or persons, or job title of the person, who will be responsible
for accepting all carts retrieved by the city and returned to the
retail establishment during its normal hours of business;
(4)
The type, color and number of carts owned;
(5)
Whether the retail establishment is subject to a valid and operational
contract with a contractor recognized by the city to retrieve abandoned
shopping carts and return them to the retail establishment on an ongoing
and regular basis of at least three times per week, and if so a copy
of such contract;
(6)
Photographic proof of compliance with the signage and cart marking mandates in Section 9.66.040; and
(7)
A narrative description, and any plans, photographs or other evidence demonstrating the implementation of an effective cart nuisance abatement program as defined in Section 9.66.020 and in compliance with this section.
Approved plans for an effective cart nuisance abatement program
shall be updated annually and resubmitted to the director for renewal,
based on the same findings for issuance, every two years at least
thirty days prior to the retail establishment's business license renewal
in that year.
(c)
Director
Review and Approval; Timeframes for Compliance. The director shall
review the plan for the proposed effective cart nuisance abatement
program and approve or deny the plan within thirty days of its receipt.
If the program plan is approved, the cart owner/retail establishment
shall implement the approved effective cart nuisance abatement program
within thirty days from the date of approval. If the plan is incomplete,
the director shall notify the cart owner in writing to revise the
plan and resubmit it within fifteen days of director's notice. The
director may deny a plan for a proposed effective cart nuisance abatement
program based upon one or more of the following grounds:
(1)
Implementation of the plan would violate one or more provisions of
this code or of any county, state, or federal law or regulation;
(2)
The proposed program fails to include all of the information required
by this chapter;
(3)
The proposed plan is insufficient or inadequate to qualify as an effective cart nuisance abatement program as defined in Section 9.66.020 and in compliance with this section;
(4)
The proposed program fails to address any special or unique conditions
to the geographical location of the business establishment or parking
facility as such conditions relate to cart removal prevention; or
(5)
Implementation of the proposed program would violate a term or condition
of any agreement between the city on the one hand, and the retail
establishment, or owner of the parking area, or cart owner, on the
other hand.
The director's denial of a plan for an effective cart nuisance
abatement program shall be the final administrative decision unless
such denial is appealed to the city manager in writing within five
business days. The city manager shall review the director's decision
and render a decision, which shall be the final administrative decision.
(d)
Noncompliance. A cart owner who fails to submit an effective cart nuisance abatement program, or whose program is denied, or whose program is approved but who then does not comply with the terms of the approved program, shall be subject to enforcement of these requirements as set forth in Section 9.66.120. Each day during which a retail establishment/cart owner has not complied with the provisions of this chapter shall constitute a separate violation.
(Ord. 2051 § 1, 2020)
For purpose of enforcing this chapter, the director may enter
public or private property as allowed by law, or with the consent
of the property owner, or by warrant, to examine a cart or to cause
the removal of such cart if authorized pursuant to this chapter.
(Ord. 2051 § 1, 2020)
(a)
Removal.
The director shall have the authority to remove any abandoned cart
on public or private property, other than from the property of the
cart owner, under the following conditions:
(1)
Identified Carts. If the abandoned cart is an identified cart, removal
may occur three business days after the director gives the cart owner
actual notice of the cart's discovery and location. A cart owner is
deemed to have actual notice three days after the deposit of written
notice in the United States mail, posted first-class to the address
indicated on the cart or the cart owner's last known address. If actual
notice is provided by telephone, the director shall maintain a record
of the time, date, and name of the person notified.
(2)
Unidentified Carts. If the abandoned cart is an unidentified cart, but other information on the cart provides sufficient information as to the identification of the cart owner, removal may occur either after the director notifies the owner by telephone of the cart's discovery and location and grants a reasonable period of time, not to exceed twenty-four hours, for the cart owner to retrieve such cart, or immediately after reasonable efforts by the director to notify the owner by telephone have failed. The director shall maintain a record of the time, date, and name of the person notified or attempted to be notified. If the owner cannot be determined from information on the cart, the cart shall be deemed an "unidentified cart" subject to Section 9.66.090.
(b)
Storage.
Any abandoned cart removed from public or private property by the
director shall be stored for thirty days at the department of public
works in the city, or at a location designated by the director, which
is reasonably convenient to the cart owner and open for business at
least six hours of each business day.
(c)
Fees
for Actual Costs Payable to City. Any abandoned cart removed from
public or private property and stored pursuant to this section shall
be released to the lawful cart owner if claimed within thirty days
after such removal and upon payment of a redemption fee. The redemption
fee for the removal and storage of any abandoned cart under this section
shall be established by city council resolution and shall cover the
actual costs of removal, storage, and related administrative procedures.
The schedule for such fees shall remain on file and be available in
the office of the director and the office of the city clerk.
(d)
Fines. In addition to any redemption fee for which a cart owner is liable, owner shall also be liable for a fine in an amount established by resolution of the city council for each occurrence in excess of three during any six-month period for failure to retrieve a cart in accordance with Section 9.66.090(a)(4)9.66.090(a)(4). As used herein, an "occurrence" includes all of owner's carts impounded in accordance with this chapter in a one-day period.
(Ord. 2051 § 1, 2020)
(a)
Notwithstanding Section 9.66.080(a), the city may impound an abandoned cart that otherwise meets the criteria set forth in Section 9.66.080(a) without complying with the three business day advance-notice requirement provided that each of the following is met:
(1)
The cart owner of the abandoned cart is provided actual notice within
twenty-four hours following the impound and that notice informs the
cart owner as to the location where the cart may be claimed.
(2)
Any cart so impounded shall be held at a location in compliance with Section 9.66.080(b).
(3)
Any cart reclaimed by the cart owner within three business days following the date of actual notice as provided pursuant to this section, shall be released and surrendered to the owner at no charge whatsoever, including the waiver of any redemption fees that would otherwise be applicable pursuant to Section 9.66.080(c).
(4)
Any cart not reclaimed by the cart owner within three business days following the date of actual notice as provided pursuant to this section, shall be subject to any applicable fee imposed pursuant to Section 9.66.080(c) commencing on the fourth business day following the date of notice but accruing from the date of retrieval and storage, and any applicable fine imposed pursuant to Section 9.66.080(d). Any cart reclaimed by the owner within three business days following the date of actual notice as provided pursuant to this section, shall not be deemed an "occurrence" under Section 9.66.080(d).
(b)
Any shopping cart involved in a violation of Section 9.66.050(a) is subject to immediate impoundment, and such impoundment shall follow the procedures provided in Section 9.66.090(a).
(Ord. 2051 § 1, 2020)
Within ten days of the removal of an abandoned cart pursuant
to this chapter, the director shall provide notice to any known owner
of the cart by first-class mail at the address indicated on the cart
or the cart owner's last known address. The notice shall include the
following information: (i) date and location of removal of the cart
from public or private property; (ii) procedure for recovering such
cart; and (iii) last possible date such cart may be recovered. If
the cart owner is unknown and not clearly identified on the cart,
the cart shall be designated "unidentified." The director, for each
unidentified cart, shall maintain a record containing the information
above and a brief description of the cart.
(Ord. 2051 § 1, 2020)
Thirty days after notice is given to the owner, or after the cart is designated "unidentified" pursuant to Section 9.66.100, any abandoned cart not claimed may be sold at public auction or otherwise disposed of. Any proceeds derived from such auction or disposal shall be used to pay the costs of removal, storage, and related administrative procedures. Surplus proceeds derived from such auction or disposal shall be deposited in the general fund of the city.
(Ord. 2051 § 1, 2020)
Every cart owner who violates any provision of such owner's effective cart nuisance abatement program, and every person who violates any provision of this chapter, shall be subject to enforcement procedures for each violation by any lawful means available to the city, including, but not limited to, those set forth in California Business and Professions Code Sections 22435.3 and 22435.5, Section 1.01.110 of this code, and chapters 1.18, and 9.36 of this code.
(Ord. 2051 § 1, 2020)
