Abandoned shopping carts constitute a nuisance, create potential
hazards to the health and safety of the public and interfere with
pedestrian and vehicular traffic within the city of Crescent City.
Wrecked, dismantled and abandoned shopping carts on public or private
property create conditions that reduce property values, and promote
blight and deterioration within the city's neighborhoods. The purpose
of this chapter is to make the removal of shopping carts from the
premises of a business establishment a violation of this code and
provide regulations and procedures for the retrieval of shopping carts
consistent with the provisions of Section 22435.7 of the Business
and Professions Code of the State of California.
(Ord. 761, 12-5-2011)
For the purpose of this chapter the following terms are defined
as follows:
means any cart removed from a business establishment's premises
without written permission of the owner and located on either public
or private property.
means a business that searches for, gathers and restores
possession to the owner, or an agent thereof, for compensation or
in expectation of compensation, of shopping carts located outside
the premises or parking area of a business establishment.
means any person or entity within a business establishment
who owns, possesses, or has the power to make a shopping cart available
to customers. For the purpose of this chapter, owner includes, but
is not limited to, the store owner, manager, on-site manager, on-duty
manager or other designated agent of a business establishment providing
shopping carts for customer use.
means a parking lot or other property provided by a business
establishment for use by a customer for parking an automobile or other
vehicle. The parking area of a business establishment located in a
multi-store, store complex or shopping center shall include the entire
parking area used by the complex or center.
means the entire area owned, rented, leased, or utilized
by a business establishment that provides shopping carts for customer
use, including parking areas.
means a basket which is mounted on wheels or a similar device
generally used in a business establishment by a customer for the purpose
of transporting goods of any kind. This includes, but is not limited
to, laundry, grocery or shopping carts.
(Ord. 761, 12-5-2011)
The city manager and/or his or her designated agents and designated code enforcement officers shall have the authority and powers necessary to determine whether a violation of this chapter exists and to take appropriate action to gain compliance with the provisions of this chapter and applicable state codes. These powers include the power to issue administrative citations and to inspect public and private property as allowed by state and federal law. It also includes the power to impose civil penalties for any violation of this chapter as provided in Chapter 1.24 of Title 1 of this code.
(Ord. 761, 12-5-2011)
Every shopping cart owned or provided by a business establishment
in the city of Crescent City must have a sign permanently affixed
to it that contains the following information:
A.
Identifies
the owner of the shopping cart or the name of the business establishment,
or both;
B.
Notifies
the public of the procedure to be used for authorized removal of a
shopping cart from the establishment's premises;
C.
Notifies
the public that the unauthorized removal of a shopping cart from the
premises or parking area of a business establishment, or the unauthorized
possession of a shopping cart is a violation of Business & Professions
Code § 22435.1;
D.
Displays
a permanently affixed sticker notifying the public that the unauthorized
removal of the shopping cart from the premises of a business establishment,
or the unauthorized possession of a shopping cart is a violation of
local municipal code; and
E.
Lists
a valid telephone number or address for returning the shopping cart
removed from the premises or parking area to the owner or retailer.
(Ord. 761, 12-5-2011)
It is unlawful to do any of the following acts, if a shopping cart has a permanently affixed sign as required by Section 8.20.040:
A.
To remove
a shopping cart from the premises or parking area of a business establishment
with the intent to temporarily or permanently deprive the owner or
retailer of possession of the cart;
B.
To be
in possession of any shopping cart with serial numbers removed, obliterated,
or altered, with the intent to temporarily or permanently deprive
the owner or retailer of possession of the cart;
C.
To leave
or abandon a shopping cart at a location other than the premises or
parking area of the retail establishment with the intent to temporarily
or permanently deprive the owner or retailer of possession of the
cart;
D.
To alter,
convert, or tamper with a shopping cart, or to remove any part or
portion thereof or to remove, obliterate or alter serial numbers on
a cart, with the intent to temporarily or permanently deprive the
owner or retailer of possession of the cart; or
E.
To be
in possession of any shopping cart while that cart is not located
on the premises or parking lot of a business establishment, with the
intent to temporarily or permanently deprive the owner or retailer
of possession of the cart.
(Ord. 761, 12-5-2011)
B.
For
all persons authorized by an owner to remove a cart from the premises
or parking area of a business establishment, the owner shall issue
to such persons an "authorization card" in a form approved by the
city manager.
(Ord. 761, 12-5-2011)
A.
B.
In instances
where the location of a shopping cart will impede emergency services,
the city is authorized to immediately retrieve the shopping cart from
public or private property.
D.
Any
shopping cart not reclaimed from the city within thirty days of receipt
of a notice of violation by the owner of the shopping cart may be
sold or otherwise disposed of by the city.
E.
The
city may impose an administrative penalty on the owner of a shopping
cart in an amount not to exceed fifty dollars for each occurrence
in excess of three during a specified six-month period for failure
to retrieve shopping carts in accordance with this section. An occurrence
includes all shopping carts impounded in accordance with this section
in a one-day period.
F.
The
city is authorized to recover actual costs incurred for impounding
a shopping cart under the authority of this section.
(Ord. 761, 12-5-2011)
Notwithstanding Section 8.20.070(A)(3), the city may impound a shopping cart that otherwise meets the criteria set forth in Sections 8.20.070(A)(1) and (A)(2) without complying with the three-day advance notice requirement provided that:
A.
The
owner of the shopping cart, or his or her agent, is provided actual
notice within twenty-four hours following the impound and the notice
informs the owner, or his or her agent, of the location where the
shopping cart may be claimed. For the purposes of this section "actual
notice" shall include any of the following noticing methods:
1.
Personal
delivery of written notice to the "owner" as defined in Section 8.20.020(C);
2.
Delivery
of written notice by facsimile or e-mail transmission to the "owner"
as defined in Section 8.020.020(C);
3.
Oral
notice by telephone to the "owner" as defined in Section 8.20.020(C),
provided the city employee giving the oral notice confirms the giving
of such notice by sending a written confirmation by facsimile or e-mail
transmission to the person to whom oral notice was given within twenty-four
hours of giving such oral notice.
B.
Any shopping cart so impounded shall be held at a location in compliance with Section 8.20.070(C).
C.
Any shopping cart reclaimed by the owner, or his or her agent, within three business days following the date of actual notice shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to Sections 8.20.070(E) and 8.20.070(F). Any cart reclaimed within the three business day period shall not be deemed an occurrence for purposes of Section 8.20.070(E).
D.
Any shopping cart not reclaimed by the owner, or his or her agent, within three business days following the date of actual notice shall be subject to any applicable fee or penalty imposed pursuant to Sections 8.20.070(E) and (F) commencing on the fourth business day following the date of the notice.
E.
Any shopping cart not reclaimed by the owner, or his or her agent, within thirty days of receipt following the date of actual notice may be sold or disposed of as provided for in Section 8.20.070(D).
(Ord. 761, 12-5-2011)
There shall be posted by the owner, prominently and conspicuously,
at all public entrances and exits to the business, a notice in substantially
the following form:
REMOVAL OF SHOPPING CARTS (or Laundry Carts, or other types
of carts, if applicable) IS PROHIBITED BY LAW AND SHALL SUBJECT THE
VIOLATOR TO A MINIMUM FINE OF $100.00.
(Ord. 761, 12-5-2011)
Every owner who allows or intends to allow the use of carts
outside a building or enclosed area of a business shall develop, implement
and comply with an abandoned cart prevention plan.
A.
The
plan must include, at a minimum, the following information:
1.
The
name of the business, address and phone number of the premises where
the business is conducted, and the address and phone number of the
cart owner, if different;
2.
A
procedure for providing notification to customers that removal of
carts from the premises is prohibited and a violation of state and
local law in addition to the notice required under Sections 4.04.070
and 4.04.130. This notice may be provided in the form of flyers, warnings
on shopping bags, or any form of written notification that will effectively
notify customers of the prohibition;
3.
A
description of the physical measures that will be implemented to prevent
the removal of carts from the premises. Physical measures may include,
but are not limited to: devices on carts that prevent their removal
from the premises; posting of a designated employee or security guard
to deter and stop customers from removing carts from the premises,
prohibiting carts outside the building of the business unless accompanied
by an employee; and
4.
A
procedure for the retrieval of abandoned carts by its employees, or
proof that the owner has entered into a contract for cart retrieval
services that has been approved by the Supervisor of the Crescent
City Code Enforcement Unit.
B.
Two
or more businesses may collaborate and submit a single plan.
(Ord. 761, 12-5-2011)
A.
Each
owner shall submit a proposed abandoned cart prevention plan to the
Crescent City planning department [within] sixty days of the effective
date of this chapter, and by July 1 of each year thereafter. Proposed
businesses shall have an approved abandoned cart prevention plan prior
to commencing business. After initial submission and approval of an
abandoned cart prevention plan, an owner submitting the same plan
to comply with the requirement of submitting a plan by July 1 of each
subsequent year, may do so by submitting a letter of intent stating
that the owner is submitting the plan currently in operation.
B.
The
director of the Crescent City planning department shall approve or
reject the proposed abandoned cart prevention plan within thirty days
of the plan's submission. The director of the Crescent City planning
department may deny a plan based upon any of the following grounds:
1.
The
implementation of the plan violates any provision of the building,
zoning, health, safety, fire, police or other provision of this code
or any county, state or federal law which substantially affects public
health, welfare, or safety;
2.
The
plan fails to include all of the information required by this chapter;
3.
The
plan is insufficient or inadequate to prevent removal of carts from
the 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 violates a term or condition of a plan or other requirement
of this chapter; or
6.
The
owner knowingly makes a false statement of fact or omits a fact required
to be revealed in an application for the plan, or in any amendment
or report or other information required to be made.
C.
If the
plan is rejected as incomplete or inadequate, the director of the
Crescent City planning department shall indicate areas that are incomplete
or inadequate, and the owner shall have an additional thirty days
within which to resubmit a complete and adequate plan. The Crescent
City planning department will approve or reject the resubmitted plan
within thirty days of the date of resubmission of the plan.
D.
Once
approved, the measures included in the plan shall be implemented no
later than thirty days of the plan's approval. If an owner is proposing
new measures, the measures from the approved plan in the previous
year shall be continued until the new measures are implemented.
E.
Any
owner that fails to submit a plan, implement the plan measures, or
implement any required modifications to the plan within the time frames
specified in this chapter shall be required to keep all carts inside
the building or enclosed areas of the business.
F.
Any owner who is required to, but fails to keep all carts inside the building or enclosed area of the premises in violation of subsection F above, shall be subject to an administrative civil penalty in accordance with the administrative enforcement remedies set forth in Chapter 1.24 of Title 1 of this code.
G.
The decision of the director of the planning department to deny a plan may be appealed to the city manager, or his or her designee. A written notice of appeal must be submitted to the director of the Crescent City planning department within ten days of the denial of the plan and accompanied by a copy of the plan. The city manager or designee shall review the plan under the grounds for denial set forth in subsection B of this section and provide a decision approving or denying the plan within thirty days of receipt of the notice of appeal. The decision of the city manager or designee shall be final. There shall be no further administrative appeal process.
H.
Even
though approved, a plan may be reevaluated at any time by the director
of the Crescent City planning department if operation of the plan
demonstrates the plan's insufficiency or inadequacy in preventing
removal of carts from the premises.
(Ord. 761, 12-5-2011)
Any person who violates the provisions of this chapter is guilty of a misdemeanor. In addition, the city may use the administrative enforcement remedies set forth in Title 1 of this code for violations of this chapter. Nothing in this chapter shall prevent the city from pursuing any criminal, civil, administrative or other legal remedy available to it to address violations of this chapter.
(Ord. 761, 12-5-2011)
In addition to the provisions and requirements of this chapter,
the city council may, from time to time, by resolution, establish
additional rules and regulations concerning programs, practices and
regulations pertaining to shopping cart retrieval.
(Ord. 761, 12-5-2011)
