Declaration of nuisance: Many retail establishments provide
shopping carts for the convenience of customers while shopping on
the premises of such businesses. However, shopping carts removed from
the premises of such businesses and left abandoned on public or private
property throughout the City constitute a public nuisance and a potential
hazard to the health and safety of the public. The proliferation of
lost, stolen or abandoned shopping carts on public and private property
causes blighting conditions in the community, results in the obstruction
of free access to public and private sidewalks, streets, parking lots
and other ways, interferes with pedestrian and vehicular traffic on
public and private streets, and impedes emergency services. For the
aforesaid reasons, such lost, stolen or abandoned shopping carts are
declared to be a public nuisance which shall be subject to abatement
in the manner set forth in this chapter or in any other manner provided
by law. The purpose of this chapter is to set forth regulations to
ensure that reasonable measures are taken by the owners and operators
of businesses which provide shopping carts for the convenience of
customers to either prevent the removal of shopping carts from business
premises and parking lots, or provide for the prompt retrieval of
lost, stolen or abandoned shopping carts, to complement and supplement
provisions of state law, and to adopt local regulations to the extent
not otherwise preempted by state statute.
(3759-1/07)
Except as otherwise expressly set forth herein, the following
words and terms as used in this chapter shall have the following meanings:
means the City of Huntington Beach, California.
means the Planning Director of the City and his or her designee(s).
means any police officer or code enforcement officer employed
by the City.
means a basket which is mounted on wheels and used in a coin-operated
laundry or dry-cleaning retail establishment by a customer or an attendant
for the purpose of transporting fabrics and the supplies necessary
to process them.
means:
A shopping cart which is either:
Removed from the premises of a retail establishment by any person
without the written permission or consent of the owner of the shopping
cart or the retailer otherwise entitled to possession of such cart;
or
Left unattended, discarded or abandoned upon any public or private
property other than the premises of the retail establishment from
which the shopping cart was removed, regardless of whether such shopping
cart was removed from the premises with the permission of the owner.
For purposes of this chapter, any shopping cart located on any
public or private property other than the premises of the retail establishment
from which such shopping cart was removed shall be presumed lost,
stolen or abandoned, even if in the possession of any person, unless
such person in possession thereof either is:
The owner, or an employee or authorized agent of the owner,
entitled to possession of the shopping cart;
An officer, employee or agent of a cart retrieval service hired
by the owner to retrieve such carts;
An enforcement officer retrieving, storing or disposing of the
cart pursuant to the provisions of this chapter.
means any owner, manager, or operator of any retail establishment.
means a parking lot or other property provided by a retail
establishment for the use of customers of such retail establishment
for parking of customer vehicles. The parking area of a retail establishment
located in a multistore complex or shopping center shall include the
entire parking area used by the multistore complex or shopping center.
means the Planning Commission of the City.
means any building, property or other area upon which any
retail establishment business is conducted or operated in the City,
including the parking area provided for customers of such retail establishment.
means any business located in the City which offers or provides
shopping carts for the use of the customers of such business regardless
of whether such business is advertised or operated as a retail or
wholesale business, and regardless of whether such business is open
to the general public, or is a private club or business, or is a membership
store.
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. The term shopping cart or cart
includes a laundry cart.
(3759-1/07)
Except as otherwise provided in this chapter, every owner who
provides shopping carts to customers for use on the premises of any
retail establishment shall develop, implement and comply with the
provisions of a written plan approved by the City to prevent customers
from removing shopping carts from the premises of such business without
authorization of the owner (the "cart containment plan"). The cart
containment plan, at a minimum, shall include the following elements:
A.
Signs Affixed to Carts. Every shopping cart made available
for use by customers shall have a sign permanently affixed to it 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 premises; notifies the public that the unauthorized
removal of the cart from the premises of the business, 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 removed from the
premises to the owner or retailer.
B.
Notice to Customers. Written notice shall be provided to customers,
both in English and Spanish, that removal of shopping carts from the
premises is prohibited by state law. Such notice may be provided in
the form of flyers distributed on the premises, warnings printed on
shopping bags, direct mail, website notices or any other means demonstrated
to be effective. The cart containment plan shall identify the specific
measures to be implemented to comply with this notice requirement.
In addition, conspicuous signs shall be placed and maintained on the
premises near all customer entrances and exits and throughout the
premises, including the parking area, warning customers that removal
of shopping carts from the premises is prohibited by state law.
C.
Physical Measures. Specific physical measures shall be implemented
and maintained by the owner to prevent, deter or impede the removal
of shopping carts from the premises. Such physical measures shall
be specifically identified in the cart containment plan and may include,
but are not limited to, the following: disabling devices installed
and maintained on carts, maintaining one or more security guards assigned
the responsibility to deter or stop customers from removing shopping
carts from the premises, preventing any shopping carts to be taken
outside the confines of building exits unless accompanied by an employee
of the business, bollards and chains in locations between the business
exits and the parking area which effectively prevent transporting
shopping carts into the parking area or off the premises, requiring
security deposits by customers for cart use, or rental or sale of
carts to customers.
D.
Daily Cart Confinement. All shopping carts located on the
premises of the retail establishment (other than an establishment
open for business 24 hours per day) shall be collected at the end
of each business day by employees of the retail establishment and
shall be collectively confined in a secure manner at the cart containment
area on the premises as designated in the cart containment plan until
the commencement of the next business day. All shopping carts located
on the premises of any retail establishment open for business 24 hours
per day, other than carts then currently in use by a customer or patron,
shall be collected by employees of the retail establishment and returned
to the cart confinement area on the premises as designated in the
cart containment plan at least once per calendar day between the hours
of 9:00 p.m. and 12:00 midnight on each day the retail establishment
is open for business. The provisions of this subsection shall not
apply to any shopping carts located within an enclosed building.
E.
Employee Training. The owner of the retail establishment shall
implement and maintain a periodic training program for its new and
existing employees designed to educate such employees concerning the
requirements of the cart containment plan and the provisions of state
law prohibiting the unauthorized removal of shopping carts from the
premises of the retail establishment. The cart containment program
shall expressly describe the employee training program.
F.
Collaboration With Other Businesses. Two or more retail establishments
located within the same shopping or retail center or sharing a common
parking area may collaborate and submit a single cart containment
plan.
(3759-1/07)
Except as otherwise provided in this chapter, every owner who
provides shopping carts to customers to use on the premises of any
retail establishment shall develop, implement and comply with the
provisions of a written plan approved by the City to provide for the
retrieval of lost, stolen or abandoned shopping carts which have been
removed from the premises of the retail establishment (the "cart retrieval
plan"). The cart retrieval plan, at a minimum shall include the following
elements:
A.
Signs Affixed to Carts. Every shopping cart made available
for use by customers shall have a sign permanently affixed to it 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 premises; notifies the public that the unauthorized
removal of the cart from the premises of the business, 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 removed from the
premises to the owner or retailer.
B.
Retrieval Personnel. The owner shall provide personnel for
purposes of the retrieval of lost, stolen or abandoned shopping carts.
Such personnel may be either employees of the business or one or more
independent contractors hired by the owner to provide shopping cart
retrieval services, or a combination of both. The cart retrieval plan
shall either:
1.
Identify
the number of employees who will be assigned such cart retrieval duties,
the number of total hours per week that each assigned employee will
perform such services (in addition to any on-premises retrieval duties
to which such employee may be assigned) and the training each of such
personnel has received or will receive concerning the retrieval of
lost, stolen or abandoned shopping carts; or
2.
Include
a copy of each contract with a cart retrieval service (other than
confidential financial information which may be redacted from the
contract).
|
For purposes of this section, those persons identified in the
cart retrieval plan as providing cart retrieval services, whether
employees of the business or independent contract services, shall
be referred to in this section as "retrieval personnel." The owner
shall provide written authorization to all retrieval personnel which
authorization shall be carried by each such person while performing
cart retrieval services on behalf of the owner and shall be provided
to any enforcement personnel upon request. Each vehicle used by retrieval
personnel shall bear conspicuous signs on the vehicle identifying
either the name of the retail establishment for which such retrieval
service is being performed or, if applicable, the name of the cart
retrieval service with which the retail establishment has contracted
for such services.
|
C.
Prompt Retrieval of Carts. The owner shall provide retrieval
personnel in sufficient number to ensure that all public streets within
a minimum one mile radius of the premises of the retail establishment
are patrolled not less often than every 48 hours, and all bus stops
within a minimum one mile radius of the retail establishment are patrolled
not less often than every 24 hours, and each lost, stolen or abandoned
shopping cart owned or provided by the retail establishment that is
found as a result of such patrols is immediately retrieved and removed
from any public or private property upon which the cart is found.
The cart retrieval plan shall identify the streets and bus stops which
will be patrolled as required by this subsection; the manner, frequency
and times of such patrols; and the procedures to be employed by the
retail establishment to identify and retrieve any lost, stolen or
abandoned shopping carts. The cart retrieval plan shall identify the
number of trucks, hours of operation of the retrieval personnel, and
such other information as reasonably required by the City to ensure
that the owner is devoting sufficient resources to cart retrieval
operations to comply with the provisions of this section and the approved
cart retrieval plan.
(3759-1/07)
A.
New or Relocated Retail Establishments. Unless otherwise expressly exempt hereunder, each new retail establishment, and any existing retail establishment relocating to a different location within the City, shall submit a proposed plan complying with the requirements of either Section 5.80.030 or Section 5.80.040 of this chapter to the Director of Planning, and obtain approval thereof by the City, prior to providing any shopping carts to customers of the retail establishment. Each proposed plan shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed plan shall be accepted for filing and processing by the Director of Planning unless accompanied by the processing fee established by the City Council.
B.
Existing Retail Establishments. Unless otherwise expressly exempt hereunder, each existing retail establishment shall submit a proposed plan complying with the requirements of Section 5.80.030 or Section 5.80.040 of this chapter to the Director of Planning within 120 calendar days following the date of adoption of this chapter. No such retail establishment existing on the date this chapter is adopted shall provide or continue to provide shopping carts for the use of its customers after the 180th calendar day following the date of adoption of this chapter without a plan approved by the City as conforming to the requirements of either Section 5.80.030 or Section 5.80.040 of this chapter; provided, however, such date shall be extended for the period, if any, during which an appeal of the denial of such plan is pending pursuant to the provisions of this chapter. Each proposed plan shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed plan shall be accepted for filing and processing by the Director of Planning unless accompanied by the processing fee as established by the City Council.
C.
Plan Review and Approval. Upon the filing of any proposed plan pursuant to either Section 5.80.030 or Section 5.80.040 of this chapter (collectively referred to herein as the "plan"), and receipt of the required processing fee, the Director of Planning or his or her designee shall review said proposed plan and either approve or deny approval of said proposed plan within 30 calendar days following the receipt thereof by the Director of Planning. If the proposed plan complies with each of the applicable requirements of this chapter, the Director of Planning shall approve the plan, otherwise the proposed plan shall be denied. The decision of the Director of Planning shall be made in writing and notice thereof shall be transmitted to the owner of the retail establishment by the United States Postal Service, first-class mail, postage prepaid, or by personal delivery or fax transmission. The notice of decision of the Director of Planning shall be deemed given to the owner on the date of personal delivery or on the date of the fax transmission to the owner; notices given by the United States Postal Service, first-class mail, postage prepaid, shall be deemed given to the owner on the third day following the date of deposit in the course of transmission with the United States Postal Service, first-class mail, postage prepaid. If the proposed plan is denied, the notice of decision given to the owner shall state the grounds upon which the proposed plan was denied. A decision of the Director of Planning may be appealed by the owner in the time and manner provided in Section 5.80.060.
D.
Amendments by Owner. The owner of any retail establishment which has an approved plan conforming to the requirements of this chapter may, at any time, submit a proposed amendment to the approved plan which amendment shall be processed in accordance with the procedure provided for a proposed plan as set forth in subsection C of this section. Each proposed amendment shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed amendment shall be accepted for filing and processing by the Director of Planning unless accompanied by the processing fee as established by the City Council.
E.
Revocation or Amendment by City.
1.
Grounds. An approved plan may be revoked by the City upon
any of the following grounds:
a.
The owner of any retail establishment is operating, or is permitting
operation of, the retail establishment in violation of one or more
of the provisions of said approved plan and has failed to correct
said violation(s) for a period of at least 15 calendar days following
the date of receipt of written notice of such violation(s) from the
City; or
b.
The owner of any retail establishment with an approved plan is operating,
or is permitting the operation of, the retail establishment in violation
of one or more of the requirements of this chapter and has failed
to correct said violation(s) for a period of at least 15 calendar
days following the date of receipt of written notice of such violation(s)
from the City; or
c.
The cart containment plan, as approved, is inadequate to reasonably
prevent the removal of shopping carts from the premises of the retail
establishment; or
d.
The cart retrieval plan, as approved, is inadequate to ensure the
prompt retrieval of lost, stolen or abandoned shopping carts removed
from the retail establishment.
2.
Order to Show Cause. If at any time following the approval of a plan, the Director of Planning obtains information or evidence that any of the grounds set forth in subsection (E)(1) of this section may exist, the Director of Planning shall issue a written order to show cause as to why the approved plan should not be revoked and schedule a hearing thereon which hearing shall not be less than 15 calendar days nor more than 30 calendar days following the date such order to show cause is given to the owner of the retail establishment. The order shall state the grounds upon which it is proposed to revoke the approved plan and shall include the information and evidence, or a summary thereof, upon which such order was issued.
3.
Notice of Hearing. Notice of the hearing on any order to show cause issued pursuant to this section shall be given in the time and manner provided in subsection C of this section.
4.
Conduct of Hearing. The hearing shall be conducted informally
and the legal rules of evidence shall not be applicable. The owner
and the City shall each have the opportunity to present evidence and
witnesses. The parties may each be represented by legal counsel or
other representatives of their choice. The City shall bear the burden
of proof to establish, by a preponderance of the evidence, that grounds
exist to revoke the plan. The Director of Planning, at his or her
discretion, and as an alternative to revocation, may consider amendment
of the plan if the grounds for the order to show cause are solely
the inadequacy of the approved plan.
5.
Decision of Director of Planning. Within 15 calendar days
following conclusion of the hearing, the Director of Planning shall
render his or her decision in writing either dismissing the proceedings
or revoking or amending the plan. If the plan is revoked or amended,
the decision shall specify the findings of fact and the reasons for
such action. If the plan is amended, the decision shall also specify
the amendment(s) to the plan.
6.
Notice of Decision. Notice of the decision of the Director of Planning shall be given in the time and manner specified in subsection C of this section.
7.
Appeal of Decision. The decision of the Director of Planning shall be subject to appeal by the owner within the time and manner specified in Section 5.80.060. In the absence of a timely appeal, the decision of the Director of Planning shall be final and conclusive.
8.
Use of Shopping Carts Following Revocation Prohibited. No
owner of any retail establishment which is subject to the requirements
of this chapter shall provide or make available shopping carts for
the use of customers following the date any decision revoking a plan
required and approved pursuant to this chapter becomes final unless
and until a new proposed plan is approved by the City for such retail
establishment. Notwithstanding any other provision of this chapter,
an owner of a retail establishment shall not be eligible to submit
a new proposed plan to the City for processing for a minimum of 180
days following the date any decision revoking the prior plan for such
retail establishment becomes final. Any proposed plan submitted to
the City for such retail establishment during said 180-day period
shall be returned to the owner of the retail establishment as untimely.
(3759-1/07)
A.
Appeal of Decision. Any owner aggrieved by any adverse decision
of the Director of Planning pursuant to this chapter may appeal such
decision to the City Planning Commission within 10 calendar days following
the date of giving of notice of such decision. The notice of appeal
shall be in the form provided by Huntington Beach Subdivision and
Zoning Ordinance Section 248.20(A) and (B), as the same now reads
or may be hereafter amended, and shall be accompanied by the fee fixed
by resolution of the City Council. The Director shall schedule the
appeal for consideration by the Planning Commission within 30 calendar
days and shall give the appellant 10 calendar days notice of the time
and place of the hearing. The hearing shall be conducted in the manner
provided by Huntington Beach Subdivision and Zoning Ordinance Section
248.20(D), as the same now reads or may be hereafter amended.
B.
Decision by Planning Commission. The Planning Commission shall render a decision on the appeal in conformance with Huntington Beach Subdivision and Zoning Ordinance Section 248.20(E) within 30 calendar days following the conclusion of said hearing. The Planning Commission's decision shall be final and conclusive on the date said decision is deemed given to the appellant as provided in subsection C of this section.
C.
Notice of Decision. The notice of decision of the Planning
Commission shall be deemed given on the date of personal delivery
or on the date of the fax transmission to the appellant; notices given
by the United States Postal Service, first-class mail, postage prepaid,
shall be deemed given to the appellant on the third day following
the date of deposit in the course of transmission with the United
States Postal Service.
(3759-1/07)
It is unlawful for any person to do any of the following, if a shopping cart has a permanently affixed sign pursuant to Sections 5.80.030(A) and 5.80.040(A):
A.
Remove
a shopping cart from the premises or parking area of a business establishment.
B.
Leave
or abandon a shopping cart at a location other than the premises or
parking area of the retail establishment.
C.
Alter,
convert, or tamper with a shopping cart, or to remove any part or
portion thereof or to remove, obliterate or alter serial numbers on
a cart.
D.
Be in
possession of any shopping cart while that cart is not located on
the premises or parking lot of a business establishment.
(3759-1/07)
A.
Except as otherwise expressly provided in this chapter, it shall be unlawful for the owner of any retail establishment to provide or offer, or permit to be provided or offered, any shopping carts to customers of said retail establishment without an approved cart containment plan or cart retrieval plan as required by either Section 5.80.030 or Section 5.80.040 of this chapter; provided, however, this prohibition shall not apply to any retail establishment, or the owner thereof, which provides a total of less than 10 shopping carts for the use of customers of said retail establishment.
B.
It shall
be unlawful for the owner of any retail establishment to provide or
offer, or permit to be provided or offered, to customers of said retail
establishment any shopping cart which does not have a sign permanently
affixed thereto containing all of the information specified in Section
22435.1 of the Business and Professions Code of the State of California.
(3759-1/07)
