The purpose of this chapter is to prevent individuals from improperly
using, altering, removing or abandoning shopping carts on public property
and to ensure that business owners take measures to prevent the removal
of shopping carts from their business site in a manner consistent
with state law.
(Ord. 370 § 1, 2008)
As used in this chapter, the following terms have the meanings
set forth below:
shall mean a document submitted by the responsible business owner pursuant to Section 8.50.090 of this chapter.
shall mean any cart left unattended on either public or private
property other than that of its business premises.
shall mean the person or persons designated in the owner's
"abandoned cart prevention plan" authorized to perform or provide
retrieval services on behalf of the owner of the business. The agent
may be the owner if so designated in the approved abandoned cart prevention
plan.
shall mean a basket mounted on wheels or a similar device
intended for the use of customers in a retail or commercial business
establishment for the purpose of transporting goods of any kind within
the confines of the business establishment, including the parking
lot.
shall mean city manager or city manager's designee.
shall mean any person or entity, who in connection with the
conduct of a business, possesses, leases or makes carts available
to customers or the public for the purpose of transporting merchandise
on the business premises. For purposes of this chapter, "owner" shall
also include the owner's designated agent.
shall mean the entire area owned, occupied, and/or utilized
by the owner, who provides carts for use by customers or other persons,
including any parking lot or other property provided by or on behalf
of the owner for customer parking or use.
(Ord. 370 § 1, 2008)
It is unlawful for any person to remove a cart from its business
premises, be in possession of a properly identified cart or a cart
readily identifiable as belonging to a particular business establishment,
that is not on its business premises, or cause or permit any cart
to be abandoned upon any public or private property other than its
business premises. This section does not apply to carts removed for
repair, maintenance or proper disposal by an individual or firm under
contract with the owner or carts retrieved for return to the business
premises by an owner-authorized retrieval agent.
(Ord. 370 § 1, 2008)
It is unlawful for a business to knowingly have on its premises
for the use by its customers, properly identified carts belonging
to a different business owner.
(Ord. 370 § 1, 2008)
It is unlawful to alter, convert or tamper with any shopping
cart or remove any part thereof without permission of the owner of
the cart.
(Ord. 370 § 1, 2008)
Abandoned shopping carts are hereby declared a nuisance.
(Ord. 370 § 1, 2008)
A.
Every
cart owned or provided by any business owner must have a sign permanently
affixed to the cart that contains the following information:
B.
Languages.
The information required above must be provided in English and Spanish
or in such other language the city manager may reasonably require.
C.
Any
abandoned shopping cart that does not have the identification and
information required by this section may be removed from the property
and disposed of by the city or its authorized agent in accordance
with the state law.
(Ord. 370 § 1, 2008)
Every business that owns or provides carts for the use of its
customers within the city shall post conspicuous signs at or near
each entrance to its parking lot and the public entrance doors to
its store notifying its customers that removal of carts from the premises
is prohibited. Any posting of signs must comply with applicable provisions
in Title 17 of the municipal code.
(Ord. 370 § 1, 2008)
Every business owner who provides carts, or allows or intends
to allow the use of carts, shall annually develop, implement and comply
with the terms and conditions of a city approved abandoned cart prevention
plan. The plan will identify methods currently employed to prevent
the unauthorized removal by any person of any carts from the owner's
premises. Renewal of the plan will be required on an annual basis.
Those that have demonstrated implementation of a physical or electronic
containment system that is found sufficient to contain carts from
being removed from the property and abandoned on public or private
property will require renewal only every three years. The owner's
abandoned cart prevention plan must include the following elements:
A.
Name
of Business/Owner. The name of the owner and the business name; the
physical address where the business is conducted; name, address and
phone number(s) of the on-site and off-site owner if different; and
the name and/or title and telephone number of the day to day contact
person at the location.
B.
Inventory
of Carts. A complete listing of the total number of carts maintained
on or in the premises.
C.
Community Outreach. A description of the community outreach process under which the owner shall cause notice to be provided to customers that the removal of carts from the premises is prohibited, and a violation of state and municipal law. This may include, but is not limited to, flyers distributed on the premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exits, direct mail, announcements using intercom systems on the premises, web site or other means demonstrated to be effective. Any posting of signs must comply with applicable provisions in Title 17 of the municipal code.
D.
Cart
Identification. Signs and cart identification requirements which conform
to state law.
E.
Loss
Prevention Measures. A description of the specific measures used to
prevent cart removal from the premises. These measures may include,
but are not limited to, electronic or other disabling devices on the
carts so they cannot be removed from the premises, modifications to
the carts and/or the retail location which eliminate the possibility
of carts being removed from the inside of the retail location, use
of courtesy clerks to accompany customers and return carts to the
store, use of security personnel to prevent removal, or other demonstrably
effective measures acceptable to the city, likely to prevent cart
removal from the premises.
F.
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 abandoned cart prevention plan and
conditions contained therein at least annually.
G.
Mandatory
Cart Retrieval. A plan for retrieval of abandoned carts by the owner
within a 24 hour time period of removal, or a copy of a contract with
a business registered to operate in Moorpark and approved retrieval
service. All contracts for retrieval must include language which prohibits
limits on daily loads and/or limits on daily or weekly drop-off of
abandoned carts.
(Ord. 370 § 1, 2008)
Every owner who is required to submit an abandoned cart prevention
plan, request for exemption or an application for a modification of
such plan pursuant to this chapter shall submit, with the plan, request
for exemption or plan modification, a fee as established by the city
council resolution.
(Ord. 370 § 1, 2008)
A.
Each
business owner who provides carts shall be required to submit an abandoned
cart prevention plan in compliance with this chapter. In implementing
this chapter for the period beginning on the effective date of this
chapter and ending December 31, 2008, the city manager shall provide
not less than 60 calendar days written notice to each owner of the
date that the owner's initial abandoned cart prevention plan is due.
The city manager shall approve or deny the proposed plan and notify
the owner of such decision within 60 calendar days of receipt of the
plan. If approved, the abandoned cart prevention plan must be implemented
by the owner no later than 30 calendar days from the date of approval.
After December 31, 2008, the owner shall comply with the provisions
of this chapter regardless of receipt of written notice from the city
manager.
B.
The
city manager may deny a plan based upon any of the following grounds:
1.
Implementation
of the plan would violate provisions of the building, zoning, health,
safety, fire, police or other municipal codes, or any county, state,
or federal law which substantially affects public health, welfare
or safety;
2.
The
plan fails to include all the information required by this chapter;
3.
The
plan is insufficient or inadequate to prevent removal of carts from
the owner's premises;
4.
The
plan fails to address any special or unique conditions due to the
geographical location of the premises as they relate to cart retention
and prevention efforts;
5.
Implementation
of the plan would violate a term or condition of another city policy
or requirement of the municipal code;
6.
The
owner has knowingly made a false statement of fact, or omits a fact
required to be revealed in an application for a plan, or in any addendum
or report or other information required to be provided regarding the
plan.
C.
If the
plan is rejected as incomplete or inadequate, the city manager shall
indicate the areas of incompleteness or inadequacy, and the owner
shall have an additional 30 calendar days in which to resubmit a corrected
plan.
D.
An owner
who fails to submit a complete plan, or fails to implement approved
plan measures, or fails to comply with the approved plan measures,
shall be subject to enforcement of these requirements through any
lawful means available to the city.
E.
The
city manager's denial of a plan shall be final.
(Ord. 370 § 1, 2008)
At any time subsequent to the city manager's approval of an
abandoned cart prevention plan, the owner may request a modification
of a previously approved plan to address a change in circumstances,
an unanticipated physical or economic impact of the plan, or a need
to modify an ineffective plan.
(Ord. 370 § 1, 2008)
A.
Any
owner may request an exemption on an annual basis from the requirements
of this chapter if the owner provides written documentation and demonstrates
to the satisfaction of the city that the owner has less than 10 carts
on the premises.
B.
A written
application for the exemption must include all of the following information:
The name and address of the business, the name and address of the
owner, the name and address of the on-site contact person, and the
number of carts on the premises.
C.
Any
exemption granted to an owner shall become void upon the sale or transfer
of ownership of the business.
(Ord. 370 § 1, 2008)
Any owner granted an exemption from the abandoned cart prevention plan shall file with the city manager a written application for a one year renewal of the exemption annually in accordance with the provisions of Section 8.50.130. The written application for a renewal of the exemption shall include the information required to be submitted in the initial application for the exemption in accordance with the provisions of section 8.50.140.
(Ord. 370 § 1, 2008)
An application for a renewal of an exemption may be denied or
revoked by the city manager upon any of the following grounds:
1.
The
owner has failed to comply with any of the provisions of this chapter;
2.
The
owner knowingly makes a false statement of fact or omits a fact required
to be revealed in an application for the exemption, or in any amendment
or report or other information required to be made.
(Ord. 370 § 1, 2008)
A.
Upon
determining the existence of any of the grounds for denial or revocation
of a renewal of an exemption in accordance with this chapter, the
city manager may issue to the owner a notice of intended decision
to deny or revoke the exemption.
B.
The
notice of intended decision shall state all the grounds upon which
the denial or revocation of the renewal application for an exemption
is based.
C.
The
notice of intended decision shall specify the effective date of the
denial or revocation of such exemption.
(Ord. 370 § 1, 2008)
Any owner who violates a provision of this chapter or any provision of the owner's approved abandoned cart prevention plan shall be subject to an infraction as provided for in Chapter 1.10 of this code.
(Ord. 370 § 1, 2008)
