This chapter applies to all businesses located in the City that
provide shopping carts for customer use.
(Ord. 5996, 2021)
The following definitions apply to the interpretation of this
chapter.
A document submitted by a shopping cart owner pursuant to Section 9.94.070 of this chapter.
Any cart taken from a business premises without the written
consent of the shopping cart owner.
The entire area owned, occupied, or utilized by a shopping
cart owner for the conduct of the business for which shopping carts
are provided, including any parking lot or common area open to customers
of the business.
Includes any City employee designated by the City Administrator
to administer this chapter.
Includes persons, corporations, partnerships, and unincorporated
associations or entities.
A disabling device on a shopping cart that prevents a shopping
cart from being removed from a business premises by locking the wheels
or otherwise preventing the movement of the carts, or any other system
of equipment that physically contains shopping carts on business premises.
A basket mounted on wheels or a similar device intended for
the use of customers in a business establishment for the purpose of
transporting goods of any kind within the confines of the business
premises.
Any person who, in connection with the conduct of a business,
possesses, leases or makes shopping carts available for the purpose
of transporting merchandise on the business premises. For purposes
of this chapter, "shopping cart owner" includes an owner's agent.
(Ord. 5996, 2021)
A.
It is
unlawful and a public nuisance for any shopping cart owner to allow
one or more of the owner's shopping carts to be abandoned or remain
unattended on any private property (except the business premises of
the shopping cart owner), or any City street, alley, sidewalk or other
public right-of-way for any period of time.
B.
It is
unlawful for a person with ownership or control of a business premises
to knowingly allow use on that premises of shopping carts other than
shopping carts identified by a tag or other marking as belonging to
that business.
(Ord. 5996, 2021)
It is unlawful for any person, either temporarily or permanently,
to remove a shopping cart from business premises, or be in possession
of a shopping cart that has been removed from a business premises
without the written consent of the shopping cart owner. This section
does not apply to shopping carts removed as authorized by the shopping
cart owner for the purpose of repair, maintenance or disposal.
(Ord. 5996, 2021)
Every shopping cart owner must lock or otherwise secure all
shopping carts during hours when the business premises are not open
for business.
(Ord. 5996, 2021)
A.
Every
shopping cart owner must have a sign permanently affixed to the cart
that contains the following information:
B.
Any
cart found abandoned on public or private property that does not have
the identification and information required by this section may be
removed from the property and disposed of by the City in accordance
with the state law.
(Ord. 5996, 2021)
Every shopping cart owner must develop, implement and comply with the terms and conditions of a City approved abandoned cart prevention plan to prevent the unauthorized removal by any person of any carts from the cart owner's premises and, if removed, to retrieve the cart within 24 hours of the removal, or notice of removal. Failure to submit an abandoned cart prevention plan may be subject to administrative remedies pursuant to Chapter 1.25. The City may charge a plan review fee that covers its administrative costs. The shopping cart owner's abandoned cart prevention plan must include the following elements:
A.
The
name(s) of the owner(s) and the business name; the physical address
where the business is conducted; and the name, address and phone number(s)
of the owner.
C.
Every
shopping cart owner shall permanently and prominently post and maintain
cart removal warnings on an interior wall of the business premises
within two feet of all customer entrances and exits. Any sign(s) posted
must adhere to the City's sign ordinance.
D.
A description
of the specific measures that the shopping cart owner shall implement
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, effective management
practices, use of courtesy clerks to accompany customers and return
carts to the store, use of security personnel to prevent removal,
security deposit for use of cart, other demonstrably effective measures
acceptable to the City Administrator, likely to prevent cart removal
from the premises.
E.
A description
of an ongoing employee training program that shall be implemented
by the shopping cart 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.
F.
A plan
for retrieval of abandoned carts by the shopping cart owner within
a 24-hour time period of removal.
G.
A description
of the method by which every retrieved cart will be sanitized prior
to customer use.
(Ord. 5996, 2021)
A.
Each
shopping cart owner shall submit an abandoned cart prevention plan
in compliance with this chapter no later than July 1, 2021 or within
30 days of opening their business thereafter. The City Administrator
is authorized to approve, conditionally approve, or deny the proposed
plan. An abandoned cart prevention plan must be implemented by the
shopping cart owner no later than 30 days from the date of notification
of the approval or conditional approval.
B.
The
City Administrator 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 business owner's premises.
4.
The
plan fails to address any special or unique conditions due to the
geographical location of the business premises as they relate to cart
retention and prevention efforts.
5.
Implementation
of the plan would violate another City policy or requirement of this
Code.
6.
The
shopping cart 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 Administrator
will indicate the areas of incompleteness or inadequacy, and the shopping
cart owner shall have an additional 30 days in which to resubmit a
corrected plan.
D.
The
City Administrator's denial of a plan shall be the final administrative
decision. Any time subsequent to the City Administrator's approval
of an abandoned cart prevention plan, the shopping cart 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. 5996, 2021)
A.
Any
shopping cart 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 cart owner
has contracted with a licensed cart retrieval service, or a physical
device or mechanism in place or a management practice currently implemented
that prevents the unauthorized removal of carts from the cart owner's
premises.
B.
A written
application for the exemption shall include all of the following:
1.
The
name of the shopping cart owner and the name of the business; the
physical address where the business is conducted; and the name, address
and phone number of the shopping cart owner; the method, management
practice, or physical device that will ensure that the carts will
not leave the premises.
C.
Any exemption granted to a shopping cart owner shall be void upon the sale or transfer of ownership of the business. Any owner granted an exemption from the abandoned cart prevention plan shall file with the City Administrator, a written application for a one year renewal of the exemption annually in accordance with the provisions of Section 9.94.100. 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 this section.
(Ord. 5996, 2021)
An application for a renewal of an exemption may be denied or
revoked by the City Administrator upon any of the following grounds:
A.
Any
of the shopping cart owner's carts have been abandoned on public or
private property, or in a right-of-way for longer than three business
days after notification by the City on three occasions in any six
month period.
B.
The
shopping cart owner has failed to comply with any of the provisions
of this chapter.
C.
The
shopping cart 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. 5996, 2021)
The City may retrieve an abandoned cart from public property
(or private property with the consent of the property owner) in any
of the following circumstances:
A.
Immediately
when the shopping cart is left unattended in a location that could
impede emergency services.
B.
Immediately when the abandoned cart is left unattended and does not identify the shopping cart owner as required in Section 9.94.060.
C.
When
the City has notified the shopping cart owner to remove the abandoned
cart left unattended and the cart has not been retrieved within 72
hours.
(Ord. 5996, 2021)
A.
Where
the City has not already provided notice to the shopping cart owner
that an abandoned cart needs to be retrieved, the City shall notify
the owner that the City has impounded their cart and provide information
as to the cart's location, how the cart may be retrieved, that failure
to retrieve the cart may result in the cart's sale or destruction,
that the owner will be responsible for the City's costs, and that
the City may fine the owner prescribed under state law. In the case
of a cart that does not provide adequate identification or markings
to determine its owner, the City shall only be required to notify
the shopping cart owner if the City obtains actual knowledge of the
owner's identity.
B.
If a
cart is not retrieved by its shopping cart owner within 30 days after
the owner has received notice of the cart being impounded, or if the
shopping cart's owner cannot be determined, within 30 days after the
cart has been impounded, the cart may be sold or destroyed by the
City.
C.
No cart
shall be released to its owner under the procedures in this section
unless the shopping cart owner pays a fee for the City's actual costs
to retrieve and store the cart. The City's costs to retrieve and store
shall be provided in the Master Fee Schedule.
(Ord. 5996, 2021)
