The city council finds that abandoned shopping carts on public and private property create conditions that reduce property values, promote blight and deterioration, and result in a public nuisance. This chapter is intended to ensure that measures are taken to prevent the removal of the shopping carts from the owner's premises and to facilitate the retrieval of abandoned shopping carts in a manner consistent with state law.
(Ord. 20-14 § 1, 2020)
The following definitions apply for the purposes of this chapter:
"Abandoned cart"
means any cart that has been removed, without the written consent of the owner, from the owner's business premises or parking area of the retail establishment on which the cart owner's business premises are located and is located on either public or private property.
"Business premises"
means the interior of a cart owner's commercial establishment, adjacent walkways, any loading area, and the parking area, as defined herein. The owner's business premises may include a multistore shopping center with shared areas of parking and public access.
"Cart identification sign"
means a sign or engraved surface which is permanently affixed to a shopping cart containing all of the information specified in Section 8.70.040.
"Cart owner" or "owner"
means the owner or operator of a commercial establishment which provides carts for use by its customers for the purpose of transporting goods of any kind.
"Cart retrieval service"
means a third party commercial service in the business of retrieving and returning shopping carts.
"Director"
shall mean the city of Hanford community development department director, the chief of police, or respective designees.
"Enforcement officer"
means any officer or employee of the city designated with the authority to enforce the applicable provisions of the city of Hanford Municipal Code.
"Individual cart identification number"
means a number unique to each cart owned or provided by a cart owner.
"On-site cart containment program"
means one or more of the following measures:
1. 
Physical containment system.
2. 
An on-site security guard to deter individuals who attempt to remove carts from the business premises.
3. 
Bollards and chains around the business premises to prevent cart removal, if permitted by the applicable zoning and the site plan, and if approved by the fire marshal.
4. 
Obtaining a security deposit from customers for the on-site use of shopping carts.
5. 
The rental or sale of carts that can be temporarily or permanently used for the transport of goods.
6. 
Any other measure approved by the director as a means to contain carts on the premises.
"Parking area"
means a parking lot or other property provided by a commercial 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.
"Physical containment system"
means one of the following, as approved by the director:
1. 
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.
2. 
Any other system of equipment approved by the director, which physically contains shopping carts on the premises.
"Shopping cart" or "cart"
means a basket which is mounted on wheels or a similar device provided by the operator of a commercial establishment for the use by customers for the purpose of transporting goods of any kind. A cart sold by a commercial establishment to a retail customer for that customer's personal use is not a shopping cart for the purposes of this chapter.
(Ord. 20-14 § 1, 2020)
A. 
Owners of all businesses that provide shopping carts for customer use shall develop, implement and comply with the terms and conditions of an abandoned cart prevention plan or "ACPP," as defined in this chapter, to prevent the unauthorized removal by any person of any shopping cart from the owner's premises and, if illegally removed, to proactively retrieve their shopping carts in a timely manner. The ACPP shall be submitted to the director within 60 calendar days of written notification by the director that such plan is required. The city council, by resolution, will establish fees for the processing of ACPP applications and administration of ACPPs. A new owner of a business is required to submit an application to the director with either a new plan, or adoption of the approved plan submitted by the previous owner.
B. 
An ACPP shall include the following elements:
1. 
Name of Business/Owner. The name of the owner and the business name, the physical address where the business is conducted, the name, address and phone number(s) of the on-site responsible party and current e-mail address and facsimile number.
2. 
Community Outreach. A description of a community outreach process under which the owner shall cause notice to be provided to customers that the removal of shopping carts from the premises is prohibited and is a violation of state and local law. This notice may include, but is not limited to, flyers distributed at the premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exits, direct mail, announcements using intercom systems at the premises, web site or other means demonstrated to be effective to the reasonable satisfaction of the director. Any and all posting of signs shall comply with the provisions of the city of Hanford Municipal Code.
3. 
Shopping Cart Identification. Signs and shopping cart identification information which conform to this ordinance and California Business and Professions Code Section 22435.1, as may be amended.
4. 
Loss Prevention Measures. A description of the on-site cart containment program that the shopping cart owner will utilize. A cart owner may, however, be exempted from this requirement if he/she/it provides proof of one of the following:
a. 
Proof of contracting with a qualified cart retrieval service and submits information to the director which demonstrates to the satisfaction of the director that the qualified cart retrieval service will: (i) actively locate shopping carts within the city limits of Hanford five days per week, eight hours per day; and (ii) respond to complaints from the public in a manner which results in the retrieval of shopping carts within 48 hours after receiving complaint(s);
b. 
Proof of contracting with the city of Hanford police department for cart retrieval services provided by the city's community enhancement officer at a rate designated by resolution of the city council; or
c. 
Signed contract with the city agreeing to allow the city's immediate disposal of any cart recovered away from the cart owner's premises or parking area.
5. 
Employee Training. A description of an ongoing employee training program that shall be implemented by the owner and that shall be designed to educate new and existing employees on the ACPP and conditions contained therein no less frequently than annually.
6. 
Proactive Efforts to Locate Abandoned Shopping Carts. A description of the efforts that the owner shall implement to locate shopping carts that have been illegally removed from the owner's premises and parking area.
7. 
Mandatory Shopping Cart Retrieval. A plan for retrieval of abandoned shopping carts by the owner within three business days of being notified by the city of an abandoned shopping cart's location.
C. 
Any owner who offers shopping carts to customers without an approved ACPP or who fails to submit a plan, implement an approved plan, or implement any required modifications to the plan as required by the director, within the time frames as specified in this chapter or by the director, shall incur a penalty of $50 for each day of noncompliance.
D. 
Unless an owner is exempt in accordance with subsection (B)(4), an ACPP shall be deemed ineffective and the cart owner will be deemed in violation of this chapter if a cart owner has three or more unauthorized cart removal occurrences, as defined in Section 8.24.060(F) during a 12 month period.
E. 
The director may revoke an existing plan if:
1. 
The cart owner violates this chapter and fails to cure the violation within 30 calendar days of the city notifying the owner in writing of the violation; or
2. 
The owner has knowingly made a false statement or fails to disclose relevant information in an application, or an amendment to a plan submitted to the city.
F. 
If a cart owner's ACPP is revoked, the owner may not offer the use of shopping carts to its customers. A cart owner whose ACPP is revoked must submit a new ACPP to the director for review and approval pursuant to this Section 8.24.030 and pay all applicable fees and fines if the owner intends to resume offering shopping carts for use by its customers.
(Ord. 20-14 § 1, 2020)
A. 
Pursuant to California Business and Professions Code Section 22435.2, the owner of a business providing 20 or more shopping carts shall have a sign permanently affixed to each cart. A business owner providing fewer than 20 shopping carts may affix a sign to each cart. The sign shall include all of the following information:
1. 
The identity of the owner or business, or both;
2. 
A valid telephone number and address for returning the shopping cart;
3. 
Notice to the public that the unauthorized removal of the cart from the premises of the business establishment, or the unauthorized possession of the shopping cart, is a violation of state laws and a violation of city ordinance; and
4. 
Notification of the procedure for authorized removal of the shopping cart from the premises.
B. 
It shall be the responsibility of each cart owner to comply with this section, and to continuously maintain, or cause to be maintained all signs so that all of the required information is accurate and clearly legible. Upon notification from the director that an owner's carts are not in compliance, the owner shall have seven calendar days from the date of such notice to comply; provided however, cart owners who do not comply with the signage requirement on the date that this Section 8.24.040 becomes effective shall have 60 calendar days from the date of the director's written compliance notice to comply. A business owner that fails to comply within such period will be prohibited from offering the use of shopping carts to its customers, and will be subject to a fine of $50 for each day of noncompliance.
(Ord. 20-14 § 1, 2020)
A. 
No person shall be deemed to be authorized to remove a cart from the business premises unless he/she/it possesses written authorization from the cart owner. Removal authorization shall be valid for a period not to exceed 12 hours. The authorization shall include: the date and time of removal, the name, address, and phone number of the store where the cart was removed, as well as the name, title and signature of the person authorizing the removal. This section shall not apply to the possession of a shopping cart removed from the business premises at the direction of the cart owner for the purposes of repair, maintenance, or when persons have taken possession of the cart in order to return it to the cart owner.
B. 
It is unlawful for a person to possess a shopping cart with a cart identification sign on sidewalks, streets, trails, other public property, or on private property, without written authorization from the cart owner, unless the person has the express permission of the cart owner pursuant to subsection A, has the express permission of the cart owner to repair or maintain the cart, is in the process of returning an empty cart to the cart owner, or is moving the cart so it can be picked up by a cart retrieval service.
(Ord. 20-14 § 1, 2020)
A. 
Carts with Required Signage. Pursuant to California Business and Professions Code Section 22435.7, the city may impound any abandoned shopping cart when the shopping cart has a sign affixed as required by Section 8.24.040.
1. 
Any owner that fails to retrieve its abandoned cart(s) within three business days after receiving the impoundment notice from the city shall pay the city's administrative costs for impounding the cart(s), including, without limitation, costs for retrieving the cart(s) and providing the notification to the owner.
2. 
Furthermore, the city shall fine a cart owner $50 for each impound occurrence in excess of three during a specified six month period. An occurrence includes all carts owned by the owner that are impounded by the city during a one-day period.
B. 
Carts without Required Signage.
1. 
Except as otherwise provided herein, an abandoned shopping cart that lacks the identification signage required by Section 8.24.040 above shall be immediately subject to: (a) impoundment by the city; (b) a fifty dollar ($50.00) fine; and (c) an assessment comprised of all costs incurred by the city to impound the cart, including, without limitation, costs for taking possession of the cart(s) and providing the notification to the owner. The city will notify the owner of a cart in writing of the cart's impounded if the owner can be identified.
2. 
If an abandoned cart's required identification signage is illegally removed by a party other than the cart's owner and the owner can be identified, the provisions of subsection A shall not apply to an abandoned cart found by the city.
C. 
Retrieval of Impounded Carts.
1. 
Impounded carts will be held at locations that are reasonably convenient for owner retrieval. Owners may check for lost carts or arrange for retrieval of impounded carts five days a week (Monday-Friday, excluding holidays) between the hours of eight a.m. through three p.m. by contacting the Hanford police department, community enhancement officer.
2. 
An impounded cart may be retrieved by the cart's owner upon payment of applicable fees and fines.
D. 
Disposal of Impounded Carts.
1. 
If an impounded cart is not retrieved by its owner within 30 calendar days after the owner was given written notice that a cart will be or has been impounded, the cart will be sold, destroyed or otherwise disposed of as the city sees fit.
2. 
If an impounded cart's owner cannot be determined, the cart will be sold, destroyed, or otherwise disposed of within 30 calendar days after the city takes possession of a cart.
E. 
The city may take possession of and immediately dispose of any abandoned shopping carts that are severely damaged.
F. 
If a cart owner has three or more unauthorized cart removal occurrences during a 12 month period, the director may require the owner to modify its approved ACPP to address its lack of effectiveness. Required modification of an ACPP may include, without limitation, installation of a physical containment system and/or contracting with an approved cart retrieval service. For purposes of this subsection F, an occurrence includes all abandoned carts owned by the owner that are found by the city during a one-day period and which have been removed from the owner's premises or parking area without authorization.
G. 
When the director finds that a cart owner is in violation of any provision of this chapter, the city may petition the Superior Court of Kings County, California, through the city's attorney, for the issuance of a temporary restraining order, temporary injunction, and/or permanent injunction, as appropriate, which restrains or compels the specific performance of any requirement imposed by this chapter. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action by the city.
H. 
Notices. Except as otherwise provided herein, all notices and citations given under this section shall be served by personal delivery thereof to the person or entity to be notified or by deposit in the United States mail, certified mail with return receipt requested, addressed to such person to be notified at his/her/its last-known address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the mail. In addition to personal delivery and transmittal via United States mail, impound notices may be given by electronic mail or by facsimile transmission; such notices shall be deemed to have been given on the date of transmission.
(Ord. 20-14 § 1, 2020)
A. 
Issuance of Citation.
1. 
Whenever a city enforcement officer determines that a violation of a provision of this chapter has occurred, the officer will issue an administrative citation to any person or entity responsible for the violation.
2. 
Each administrative citation shall contain the following information:
a. 
The date of the violation or, if the date of the violation is unknown, then the date the violation is identified;
b. 
The address or a description of the location where the violation occurred;
c. 
The section of this code violated and a description of the violation;
d. 
The amount of the fine for the violation;
e. 
A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
f. 
An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;
g. 
A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and
h. 
The name and signature of the individual issuing the citation.
B. 
Amount of Fines.
1. 
The amounts of the fines for code violations imposed pursuant to this section are identified in this chapter, and additional fines may be set forth in a schedule established by resolution of the city council.
2. 
The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person or entity.
C. 
Payment of Fines.
1. 
Fines shall be paid to the city within 30 calendar days from the date of the administrative citation.
2. 
Any administrative citation fine paid shall be refunded if it is determined, after an appeal hearing, that a person or entity charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the citation.
3. 
Payment of a fine under this chapter shall not excuse, discharge, or permit any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.
4. 
Fines not paid within the time period specified in subsection (C)(1) shall be assessed a fee of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of one and one-half percent (1.5%) per month on the unpaid amount; provided however, the additional penalty and/or interest shall not apply if collection of the same by the city would violate state law.
(Ord. 20-14 § 1, 2020)
A. 
A cart owner may appeal a notice of violation or citation issued by the city, any determination of the city made under this chapter, or any fee and/or fine levied by the city under this chapter. Appeals shall occur in accordance with the following provisions:
1. 
An appealing party must, except as otherwise provided herein, submit the following items to the chief of police within 15 calendar days of the date of the party's receipt of a notice of violation, citation, written determination, or a notice identifying a fee and/or fine payable by the party: (a) a written notice of appeal; and (b) an appeal fee, which fee will be established by the city council; and (c) the amount of the fee and/or fine being appealed, if applicable. The failure to submit these items during such time period shall result in a waiver of appeal rights and shall constitute a failure to exhaust administrative remedies. The notice of appeal shall set forth in detail all facts and include evidence supporting the party's appeal.
2. 
Notwithstanding the provisions of subsection (A)(1), a party who is financially unable to deposit the amount of the disputed fee and/or fine or who is unable to pay the appeal fee may file a request for a waiver of all or a portion of the required deposit and appeal fee. A waiver request must be submitted to the chief of police with the party's notice of appeal, along with a sworn declaration and other supporting documents and materials showing the customer's actual financial inability to pay the appeal deposit and/or appeal fee. The appealing party bears the burden of demonstrating to the satisfaction of the chief of police the party's actual inability to deposit the disputed fee and/or fine or pay the appeal fee. If the chief of police determines that a waiver is warranted, the deposit and appeal fee will be waived or partially waived. If the chief of police finds that a waiver is not warranted, the appealing party must, within three business days of the party's receipt of the chief of police's written decision, deposit the amount of the disputed fee and/or fine and pay the appeal fee for the party's appeal to be processed.
3. 
Upon the chief of police's receipt of a notice of appeal, deposit of the amount of the disputed fee and/or fine, if applicable, and appeal fee (or the chief of police's determination to waive the deposit and/or fee), he/she/it shall set the matter for hearing before the hearing officer or hearing body designated by the city council. The hearing officer or hearing body shall hold a hearing on the party's appeal on the date specified by the chief of police and shall receive testimony and evidence presented by the appealing party and the city. After the hearing, the hearing officer or hearing body may uphold or adjust the findings or requirements being appealed and/or the appealed fee and fine, as applicable. The hearing officer or hearing body shall cause to be issued a written determination on the party's appeal within 15 calendar days of the date of appeal hearing. An aggrieved party may seek judicial review of the hearing officer's or hearing body's decision on the party's appeal by filing a complaint with the Superior Court of Kings County, California during the period identified by California Code of Civil Procedure Section 1094.6.
(Ord. 20-14 § 1, 2020)