[Ord. 1642, 11-20-2013]
This ordinance is intended to ensure that measures are taken by owners of carts and businesses that provide carts to its customers to prevent those carts from being removed from the owner's premises, to make removal of the cart a violation of this code and to facilitate the retrieval of abandoned carts in a manner consistent with State law.
[Ord. 1642, 11-20-2013]
The City has determined that the unauthorized removal of carts from business establishments and their subsequent abandonment on public and private properties creates visual blight and potential hazards to the health, safety and welfare of the public, interferes with pedestrian and vehicular traffic and constitutes a public nuisance and shall be subject to abatement in the manner set forth in this chapter or in any other manner provided by law.
[Ord. 1642, 11-20-2013]
As used in this chapter, the following words and phrases have the meanings set forth below:
BUSINESS ESTABLISHMENT
Any business that provides or makes available carts for and used by customers.
CART
A basket that has been 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. A "cart" also includes a laundry cart and shopping carts.
CHIEF OF POLICE
The Chief of Police of the City of Indio.
ENFORCEMENT OFFICIAL
Any police officer or code enforcement officer employed by the city and charged with enforcing the Municipal Code of the City of Indio.
LAUNDRY CART
A basket which is mounted on wheels and used in a coin-operated laundry or dry-cleaning establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them.
OWNER
Any person who, in the connection with the conduct of a business establishment owns, rightfully possess or makes any cart available to patrons and/or the public. Owner shall include the owner's agent or authorized representative.
PARKING AREA
A parking lot or other property provided by a business establishment for the use of customers for parking of customer vehicles. The parking area of a business establishment located in a multi-store complex or shopping center includes the entire parking area used by the multi-store complex or shopping center.
PREMISES
Any building, property or other area upon which any business establishment is conducted or operated in the City and includes the parking area and adjacent walkways and where the business establishments' carts are permitted.
[Ord. 1642, 11-20-2013]
The Chief of Police shall have the authority to promulgate and or adopt written regulations to implement the provisions of this chapter.
[Ord. 1642, 11-20-2013]
(A) 
Each cart owned or provided by a business establishment in the City shall have a cart identification sign permanently affixed to it and which, at a minimum, contains the following information:
(1) 
The identity of the owner of the cart or the name of the business establishment, or both;
(2) 
Notification to the public of the procedures to be utilized for authorized removal of the cart from the premises of the business establishment;
(3) 
Notification to the public that the unauthorized removal of the cart from the premises of the business establishment, or the unauthorized possession of the car, is a violation of state and municipal law; and
(4) 
The address for returning a cart removed from the premises to the owner and the phone number to contact the owner or report the location of the cart.
(B) 
Every cart owner shall continuously maintain or cause to be maintained the cart identification sign so that all of the required information is accurate and clearly legible.
[Ord. 1642, 11-20-2013]
(A) 
It is unlawful for any person (other than a cart owner or its authorized representative) to either temporarily or permanently remove a cart from the premises of an owner's business establishment, unless the cart owner authorizes its removal in writing.
(B) 
It is unlawful to be in possession of a cart that has been removed from the premises of a business establishment unless it is in the process of being immediately returned to the owner.
(C) 
This section does not apply to carts that are removed for the purpose of repair or maintenance.
[Ord. 1642, 11-20-2013]
Every owner that provides carts to customers for use on the premises of a business establishment shall develop and implement a written cart containment plan to prevent the unauthorized removal of such carts from the premises. The cart containment plan shall be provided to the City upon request and at a minimum include the following elements:
(A) 
Written notice shall be provided to customers that the removal of carts from the premises are prohibited and a violation of State and local law.
(B) 
Signs shall be placed in pertinent and highly visible locations near all exit doors and near parking lot exits used by business patrons warning customers that cart removal is prohibited and a violation of State and local law.
(C) 
Specific physical measures shall be implemented to prevent, deter or impede the removal of carts from the premises. These measures may include, but are not limited to, the following:
(1) 
Mechanical disabling devices installed and maintained on all carts;
(2) 
Having one or more designated employee's assigned the responsibility to deter or stop customers from removing carts from the premises;
(3) 
Preventing carts from being taken outside of the confines of the business unless accompanied by an employee of the business;
(4) 
Requiring security deposits by customers for cart use.
(D) 
All carts located on the premises of a business establishment (other than an establishment open for business 24 hours per day) shall be collected at the end of each business day, returned to an approved cart containment area and secured in a manner that prevents removal until the commencement of the next business day.
(E) 
All carts located on the premises of a business establishment that is open for business twenty-four (24) hours a day, other than carts that are currently in use, shall be collected and returned to approved cart containment areas at least once per calendar day.
(F) 
The owner of the business establishment shall implement and maintain a periodic training program for new and existing employees designed to educate such employees on the requirements of the business establishment's cart containment plan and the provisions of state and local laws prohibiting the unauthorized removal of carts from the premises of the business establishment.
[Ord. 1642, 11-20-2013]
Every business establishment that provides carts for customer use shall develop, implement and carry out a specific retrieval plan to recover carts removed from the premises. The cart retrieval plan shall be provided to the City upon request and at a minimum include the following elements with a description of how the elements will be implemented:
(A) 
The owner of the business establishment shall provide retrieval personnel assigned to the retrieval of lost, stolen or abandoned carts. This can include licensed independent cart retrieval services.
(B) 
The owner of the business establishment shall provide retrieval personnel in sufficient number to assure all public streets, sidewalks, bus stops and parks within a two (2) miles radius of the business premises and patrolled and all carts retrieved no less than once every twenty-four (24) hours.
(C) 
The owner of the business establishment shall provide a written report the Chief of Police on the tenth day of every month specifying the number of carts retrieved by retrieval personnel during the prior month.
(D) 
The owner of the business establishment shall provide the Chief of Police with a contact phone number to report abandoned carts. This phone number shall be available seven (7) days a week.
(E) 
If notified by an Enforcement Official, the owner of the business establishment shall ensure that an abandoned cart(s) is removed within 24 hours of the notification.
[Ord. 1642, 11-20-2013]
(A) 
In accordance with California Business and Professions Code section 22435.7, the City shall notify the owner of any abandoned cart (that has affixed to it the cart identification required by § 95E.105) if the City intends to remove the cart from public or private property or impound such cart.
(B) 
Carts without the cart identification affixed to it as required by § 95E.105 may be removed from street, sidewalks and other public locations immediately by the City and/or the Enforcement Official. Such carts may be destroyed.
[Ord. 1642, 11-20-2013]
(A) 
Any person who violates any provision of this Chapter is guilty of a misdemeanor or at the discretion of the prosecuting attorney, an infraction as set forth in Section 10.99 of the Indio Municipal Code.
(B) 
Any owner, which includes a person, partnership, association, corporation or legal entity, that owns, leases, occupies, controls, manages or possesses any cart subject to this chapter, who violates or fails to comply with or fails to continuously maintain any provision of the cart containment plan or retrieval plan as required by this Chapter, or who causes, permits or maintains a violation of this chapter, shall be guilty of a misdemeanor, or at the discretion of the prosecuting attorney, an infraction as set forth in § 10.99 of the Indio Municipal Code.
(C) 
Any person who violates any provision of this chapter, and any cart owner who violates or fails to comply with or continuously maintain any provision of the cart containment or retrieval plan, shall be subject to enforcement procedures for each violation by any lawful means available to the city, including, but not limited to, those set forth in California Business and Professions Code Division 8 Chapter 19, and those set forth in the Indio Municipal Code.
(D) 
This section is intended to be cumulative to, and not in place of, other rights and remedies available to the City pursuant to the City's municipal code and/or state law. The City Attorney or duly authorized Enforcement Official may pursue any other right and remedy permitted by the City's municipal code, including but not limited to commencement of any civil action, or administrative action to abate as a public nuisance pursuant to Chapter 95A of this code.