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.
Abandoned Shopping Cart.
Any cart taken from a business premises without the written
consent of the shopping cart owner.
Business Premises.
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.
City Administrator.
Includes any City employee designated by the City Administrator
to administer this chapter.
Person.
Includes persons, corporations, partnerships, and unincorporated
associations or entities.
Physical Containment System.
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.
Shopping Cart.
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.
Shopping Cart Owner.
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)
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)
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.
B. The placement of cart identification signs pursuant to Section
9.94.060.
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)
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)