Note: Prior ordinance history: Ord. 2042.
This chapter is adopted pursuant to Business and Professions
Code Section 22435.8 and the city's police powers for the purpose
of regulating and prohibiting the removal of shopping carts from the
premises of retail establishments. Abandoned shopping carts are a
public nuisance because they constitute an eyesore; interfere with
pedestrian and vehicle traffic; and contribute to blight. Accordingly,
they detrimentally affect public health, safety and welfare.
(Ord. 2106 § 3, 2014)
Unless the contrary is stated or clearly appears from the context,
the following definitions govern the construction of the words and
phrases used in this chapter:
means a shopping cart which is either: (1) removed from the
premises by any person without the written permission or consent of
the owner; or (2) a shopping cart left unattended, discarded or abandoned
upon any public or private property other than the premises 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, shopping carts located on any public
or private property other than the premises of the retail establishment
from which such shopping cart was removed is presumed abandoned, even
if in the possession of any person, unless the person possessing the
shopping cart is: (1) the owner, or an employee or authorized agent
of the owner, entitled to possession of such shopping cart; (2) is
an officer, employee or agent of a cart retrieval service hired by
the owner to retrieve such carts; (3) is enforcing this chapter upon
the director's authority; or (4) has written permission to possess
such shopping cart from the owner entitled to possession of such shopping
cart.
means the community and economic development director, or
designee.
means a basket mounted on wheels and used in a coin-operated
laundry or dry-cleaning retail establishment by customers or attendants
for the purpose of transporting fabrics and the supplies necessary
to process them.
means the person owning, or exercising possession and control
over, shopping carts for the use of the owner's customers in connection
with the management and operation of the owner's business enterprise.
"Owner" includes, without limitation, officer, employees, and agents
of an owner.
means the entire area owned and utilized by a retail establishment
that provides shopping carts for use by customers, including any parking
lot or other off-street area provided by or for an owner for use by
a customer for parking an automobile or other vehicle.
include, without limitation, portions of private property
that are outdoor common outdoor areas of any building, business premises,
apartment building or complex, or other premises or portion thereof
which is adjacent to public property, open to the public, and which
contains a shopping cart or shopping carts visible at street or ground
level from the adjacent public property.
means any business located in the city of Monterey Park 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 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, including a laundry cart.
(Ord. 2106 § 3, 2014)
This chapter does not apply to:
(a)
Shopping
carts removed from an owner's premises for purposes of repair or maintenance
that are in the possession or custody of the party to whom they have
been released;
(b)
Shopping
carts located on private property owned or occupied by the person
who has been granted written permission by the shopping cart owner
to possess the shopping cart for not more than seventy-two consecutive
hours when the shopping cart is not visible at street or ground level
from the public property adjacent to such private property.
(Ord. 2106 § 3, 2014)
The director is authorized to administer this chapter which
includes, without limitation, the ability to promulgate administrative
policies and procedures to implement and enforce this chapter.
(Ord. 2106 § 3, 2014)
(a)
Every
owner must affix to each shopping cart owned or provided by the owner
a sign that includes the following information:
(1)
Identification of the owner of the shopping cart or the retail establishment
to which it pertains, or both.
(2)
Notification that the unauthorized removal of the shopping cart from
the premises of the retail establishment, or the unauthorized possession
of the shopping cart, is a violation of law.
(3)
Notification of the procedure for authorized removal of the shopping
cart from the premises.
(4)
A telephone number or address for returning the shopping cart to
its owner or to the retail establishment identified thereon. Although
not required, the city urges owners to place current telephone numbers
on each sign for effective implementation of this chapter.
(b)
In
addition to signs on the shopping carts, owners must also provide
written notice to customers 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, internet website notices or any other
means demonstrated to be effective. Conspicuous signs must be placed
and maintained on the premises near all customer entrances and exits
and throughout the premises warning customers that removal of shopping
carts from the premises is prohibited.
(c)
Every
sign and notice required by this section must be written in English,
Chinese and Spanish.
(d)
Violation
of this section constitutes an infraction.
(Ord. 2106 § 3, 2014)
All shopping carts furnished to customers by retail establishments
must be:
(a)
A
uniform color or "corporate color" to easily identify the retail establishment.
(b)
Maintained
as originally designed with plastic bar grips securely attached and/or
plastic seats securely attached and not have missing parts.
(c)
Maintained
free of rust, excessive damage, protruding metal or sharp ends.
(d)
Identified
with only one retail establishment listed on the cart.
(Ord. 2106 § 3, 2014)
It is unlawful to possess a shopping cart off the premises of
a retail establishment without the express prior written approval
of its owner, unless the person is in the process of immediately returning
the shopping cart to the owner. Written permission to remove a shopping
cart is valid for not more than seventy-two consecutive hours.
(Ord. 2106 § 3, 2014)
It is unlawful for any person to leave, or cause to be left,
a shopping cart that was in his or her possession or custody on any
public property area or upon public or private property such that
it becomes an abandoned shopping cart.
(Ord. 2106 § 3, 2014)
(a)
Every
owner must prepare, implement, and submit a specific written plan
to prevent customers from removing shopping carts from the owner's
premises and to retrieve shopping carts that were removed from the
premises. Owners with existing retail establishments that do not have
a plan meeting the requirements of this chapter must prepare, implement,
and submit a written plan by July 1, 2014; owners with approved plans
meeting the requirements of this chapter need not submit a new plan.
(b)
Every
plan submitted pursuant to this section must be accompanied with a
processing fee established by city council resolution.
(c)
New
owners, new retail establishments, and existing retail establishments
that relocate must all meet the requirements of this chapter.
(d)
Plans
must include the following elements and are subject to the specified
approvals below:
(1)
Notification. The means by which the requirements for signs and notifications
in this chapter will be met.
(2)
Physical Measures. Specific physical measures implemented and maintained
by the owner to prevent, deter or impede the removal of shopping carts
from the premises. Such physical measures must be specifically identified
and may include, without limitation, 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.
(3)
Daily Cart Confinement. All shopping carts located on the premises
of the retail establishment (other than an establishment open for
business twenty-four hours per day) must be collected at the end of
each business day by employees or contractors of the retail establishment
and be collectively confined in a secure manner at a cart confinement
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 twenty-four
hours per day, other than carts then currently in use by a customer,
must 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 twice per calendar day between the
hours of twelve p.m. and twelve a.m. on each day the retail establishment
is open for business. This section does not apply to shopping carts
located within an enclosed building.
(4)
Retrieval. A retrieval plan as described by this chapter.
(5)
Employee Training. The owner of the retail establishment must implement
and maintain a periodic training program for its new and existing
employees designed to educate such employees concerning the requirements
of the plan and the applicable law prohibiting the unauthorized removal
of shopping carts from the premises of the retail establishment. The
cart containment plan must expressly describe the employee training
program.
(6)
Collaboration with Other Businesses. Two or more retail establishments
located within the same shopping center or retail center or sharing
common parking area may collaborate and submit a single plan.
(e)
Exemptions.
This section does not apply to any retail establishment which provides
a total of five or less shopping carts for use by its customers.
(f)
Every
plan submitted is subject for the director's reasonable approval.
In the event a plan demonstrates problems for implementation or is
otherwise flawed, the director will notify the owner to submit a revised
plan to the director within thirty days. The city manager may also
require an evaluation report detailing the measures used during the
prior year to prevent shopping carts from being removed from the owner's
premises and measures used to retrieve the shopping carts. The report
may also include an inventory of shopping carts owned or used by the
owner, the number of shopping carts which were retrieved after removal
from the owner's premises during the previous twelve months, and the
number of shopping carts replaced due to loss, theft or abandonment
during the previous twelve months.
(g)
Whenever
an owner makes revisions to a plan, the revised plan must be submitted
to the director for approval.
(Ord. 2106 § 3, 2014)
(a)
Except
as otherwise provided, every owner of a retail establishment must
develop, implement and comply with the provisions of a written plan
to retrieve lost, stolen or abandoned shopping carts. At a minimum,
the retrieval plan must include the following:
(1)
Retrieval Personnel. The owner must retain independent contractors
to provide shopping cart retrieval services. The cart retrieval plan
must include a copy of each contract with a cart retrieval service
(other than confidential financial information which may be redacted
from the contract). Persons retained for shopping cart retrieval services
must carry written authorization from the owner to be presented upon
request by the director. Vehicles used by retrieval services must
bear conspicuous signs identifying the name of the cart retrieval
service.
(2)
Prompt Retrieval of Carts. The retrieval services retained by an
owner must ensure that all public streets within at least a two-mile
radius of a retail establishment premises are patrolled not less than
every six hours. Each abandoned shopping cart that is found must be
immediately retrieved. The cart retrieval plan must identify all streets
that will be patrolled; the manner, frequency and times of such patrols;
and means of retrieving abandoned shopping carts. The cart retrieval
plan must identify the number of trucks, hours of operation of the
retrieval service, and such other information as reasonably required
by the city to ensure that the owner is devoting sufficient resources
to shopping cart retrieval operations to comply with the provisions
of this section.
(3)
Monthly Reports. The owner must provide, or cause to be provided
by each cart retrieval service under contract with the owner, on or
before the tenth day of each month, a written report to the director
specifying the number of abandoned shopping carts retrieved by the
retrieval personnel during the preceding calendar month period.
(4)
Daily Cart Confinement. All shopping carts located on the premises
of the retail establishment (other than an establishment open for
business twenty-four hours per day) must be collected at the end of
each business day by employees of the retail establishment and be
collectively confined in a secured manner at the cart confinement
area on the premises as designated in the cart retrieval plan until
the commencement of the next business day. All shopping carts located
on the premises of any retail establishment open for business twenty-four
hours per day, other than carts then currently in use by a customer,
must be collected by employees of the retail establishment and returned
to the cart confinement area on the premises as designated in the
cart retrieval plan at least twice per calendar day between the hours
of twelve p.m. and twelve a.m. on each day the retail establishment
is open for business. This section does not apply to any shopping
carts located within an enclosed building.
(Ord. 2106 § 3, 2014)
(a)
Except
as otherwise provided, any retail establishment with a cart containment
plan approved pursuant to this chapter, which establishment is operating
in compliance with the provisions of such plan, is exempt from the
payment of any fees otherwise due to the city pursuant to state law
for the retrieval of any shopping carts impounded by the city.
(b)
For
purposes of this section, a retail establishment is "operating in
compliance with the provisions of such containment plan" if and only
if:
(1)
A cart containment plan for such establishment was approved by the
director in accordance with the provisions of this chapter;
(2)
Such plan has not previously been revoked by the city; and
(3)
Such establishment is not then currently the subject of any proceeding
involving a written order to show cause as to why the approved plan
should not be revoked.
(c)
Except
as otherwise provided, any existing retail establishment which: (1)
provides a total of more than five shopping carts for use by customers
of such business; and (2) submits and obtains the approval of a cart
containment plan within the time specified by this chapter, is exempt
from the payment of any permit or inspection fees otherwise required
by this chapter to implement such plan.
(Ord. 2106 § 3, 2014)
An 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. The amendment will be processed
as if it were a new plan including, without limitation, the requirement
that a fee be paid.
(Ord. 2106 § 3, 2014)
(a)
An
approved plan may be revoked by the city upon any of the following
grounds:
(1)
The owner of any retail establishment is operating, or is permitting
operation of, the retail establishment in violation of this code including,
without limitation, the plan and failed to correct such violation(s)
for a period of at least fifteen calendar days following the date
of receipt of written notice of such violation(s) from the city; or
(2)
The cart containment plan, as approved, is inadequate to reasonably
prevent the removal of shopping carts from the premises of the retail
establishment or retrieval of abandoned shopping carts.
(b)
Order
and Notice to Show Cause. If at any time following the approval of
a plan, the director obtains information or evidence that any of the
grounds set forth in the grounds above may exist, the director will
issue a written order to show cause as to why the approved plan should
not be revoked and schedule an administrative hearing not less than
fifteen calendar days nor more than thirty calendar days following
the date such order to show cause. The order will state the grounds
upon which it is proposed to revoke the approved plan and include
the information and evidence, or a summary thereof, upon which such
order was issued.
(c)
Conduct
of Hearing. The administrative hearing will be conducted informally
and the legal rules of evidence do not apply. Parties may each be
represented by legal counsel or other representatives of their choice.
The director, in the director's sole discretion and as an alternative
to revocation, may consider amending the plan if the grounds of the
order to show cause are solely the inadequacy of the approved plan.
(d)
Decision
of the Director. Within fifteen calendar days following conclusion
of the hearing, the director must render a written decision regarding
the plan. If the plan is revoked or amended, the decision must specify
the findings of fact and the reasons for such action. If the plan
is amended, the decision must also specify the amendment(s) to the
plan.
(e)
Use
of Shopping Carts Following Revocation Prohibited. It is unlawful
for an owner to use shopping carts outside the owner's retail establishment
after a plan is revoked.
(f)
Persons
aggrieved by the director's decision may appeal the decision to the
city manager, or designee, for a final decision. Such appeal must
be in writing, specify the reasons for the appeal, be filed with the
city clerk within fifteen days after the director's decision, and
be accompanied by a fee established by city council resolution. There
is no right to further administrative appeal.
(Ord. 2106 § 3, 2014)
The director may retrieve and impound any abandoned shopping
cart pursuant to Business and Professions Code Section 22435.7. Three
business days after notifying the owner, the director may also retrieve
and impound shopping carts observed in a location outside the owner's
premises when the owner has not retrieved it.
(Ord. 2106 § 3, 2014)
(a)
The
director may retrieve and impound any abandoned shopping cart, whether
it belongs to a retail establishment inside or outside the city's
jurisdiction, without providing the three-day notice provided the
director gives actual notice to the owner of the impounded shopping
cart within twenty-four hours following the impound. The notice must
inform the owner of the location where the shopping cart may be claimed.
Any shopping cart reclaimed by the owner within three business days
after the date of such notice must be released and surrendered to
the owner at no charge, including waiver of any impound and storage
fees or fines which otherwise would be applicable, provided the retailer
has an approved cart retrieval plan in place with the city.
(b)
The
owner of any shopping cart not reclaimed within three business days
after the date of actual notice is subject to prosecution or the imposition
of any administrative costs, fees, fines, interest and other penalties
applicable under this chapter commencing four business days after
the date of notice.
(c)
Any
shopping cart not reclaimed by the owner within thirty days after
receiving actual notice may be sold or disposed of pursuant to this
chapter.
(Ord. 2106 § 3, 2014)
(a)
Pursuant
to Business and Professions Code Section 22435.7(f), any owner failing
to retrieve the owner's shopping carts within three business days
after being notified regarding such shopping cart being off the owner's
premises, is guilty of a violation of the Business and Professions
Code and this chapter and may be punished with an administrative fine
of fifty dollars for each occurrence in excess of three during the
six-month periods ending on June 30th and December 31st of each calendar
year.
(b)
Pursuant
to Business and Professions Code Section 22435.7(i), any owner failing
to reclaim the shopping carts impounded by the city within three business
days from the date of actual notice of impoundment is guilty of a
violation of the Business and Professions Code and this chapter and
may be punished with an administrative fine of fifty dollars for each
occurrence in excess of three during the six-month periods ending
on June 30th and December 31st of each calendar year.
(c)
For
purposes of this section, an occurrence includes the retrieval of
all shopping carts of an owner in a one-day period.
(d)
In
addition to the fines imposed above, the owner is required to pay
the city's actual costs for retrieving and storing the owner's shopping
carts except when reclaimed by the owner within three business days.
(e)
The
director is authorized to execute agreements, in a form approved by
the city attorney, for retrieval services.
(Ord. 2106 § 3, 2014)
Pursuant to Business and Professions Code Section 22435.7, the
city manager may sell or otherwise dispose of any shopping cart impounded
by the city manager that has not been reclaimed by its owner within
thirty days after the owner receives notice.
(Ord. 2106 § 3, 2014)
Pursuant to Business and Professions Code Section 22435.7(c),
the city manager or any city officer, employee, or agent may immediately
retrieve any shopping cart from public or private property if its
location impedes emergency services.
(Ord. 2106 § 3, 2014)
In addition to any other enforcement provision of this code,
the city manager may obtain compliance with this chapter by issuing
administrative orders which are enforceable in a court or by direct
court action. Without limitation, the city manager is authorized to
require installation of disabling devices on all shopping carts which
prevent their removal from an owner's premises with respect to any
owner who fails to prepare and implement a written plan.
(Ord. 2106 § 3, 2014)
(a)
In
addition to the remedies set forth in this chapter, violations of
this chapter may be enforced as follows:
(b)
The
remedies provided by this chapter are cumulative and in addition to
any other criminal or civil remedies.
(c)
As
part of any enforcement action, the city may recover its enforcement
costs including:
(1)
Actual cost of preparing notices, correspondence, specifications,
and contracts;
(2)
Personnel costs incurred for property inspections. Such costs will
be calculated at an hourly rate based on a schedule established by
city council resolution;
(3)
The cost of printing and mailing;
(4)
Costs related to inspection warrants;
(5)
Costs related to office hearings and administrative adjudications;
(6)
Attorney's fees expended in enforcement actions including, without
limitation, any action to recover enforcement costs pursuant to this
chapter;
(7)
All costs or expenses for which the city may be liable under state
law arising from or related to an enforcement action; and
(8)
All costs or expenses to which the city may be entitled pursuant
to California law.
(Ord. 2106 § 3, 2014)
