Costa Mesa Municipal Code Ch. IA Shopping Cart Regulations

It is unlawful for any person owning a retail establishment located in the city where 15 or more shopping carts are available for customer use not to install and maintain an effective containment system for shopping carts, as described herein, to contain all shopping carts within the property boundaries of the business or adjacent parking area.

(a) Containment plan.

(1) Existing businesses. Within 60 days of the effective date of this article, the owner of every retail establishment in the city that utilizes 15 or more carts shall submit a written plan to the chief of code enforcement for review and approval, setting forth the physical measures it plans to implement to comply with the requirements of this article.

(2) New retail establishments. Every new retail establishment, and any existing retail establishment relocating to a different location in the city that, utilizes 15 or more shopping carts shall submit a written plan to the chief of code enforcement for review and approval setting forth the physical measures it plans to implement to comply with the requirements of this article.

(3) No business license shall be issued or renewed for any retail establishment, until it has a containment plan which has been approved by the city.

(4) Plans shall be submitted and reviewed for compliance in accordance with section 15-18.

(b) Containment system. Owners of every retail establishment in the city that utilizes 15 or more shopping carts shall install, implement and maintain, one or more of the following physical measures to prevent the removal of shopping carts from their premises no later than December 18, 2009:

(1) Disabling devices on the wheels of every shopping cart owned by the retail establishment, or provided for use by its customers. The disabling device shall be activated when the shopping cart crosses a barrier at the perimeter of the premises; or

(2) Physical barriers located at doors, around loading areas or other defined perimeters of the retail establishment, that will prevent the passage of carts beyond the barriers. The barriers may also be placed on the carts themselves so that the carts cannot pass through door openings or other defined perimeters.

(c) Waiver. In lieu of installing an effective containment system, the owner of a retail establishment may obtain a waiver from the chief of code enforcement in satisfaction of this subdivision if the store maintains its own cart retrieval program that has been certified as effective by the chief of code enforcement. The chief of code enforcement will evaluate such programs according to a standard established by city council resolution in order to ensure that cart retrieval programs achieve the goals of this article.

(d) Containment/Retrieval pending installation of approved containment plan/system. Pending installation of an effective approved containment system as set forth in subsection (b) of this section or the granting of a waiver under subsection (c) of this section, the owner of a retail establishment with 15 or more shopping carts shall participate in the city's shopping cart nuisance abatement program, by executing a cost-sharing agreement with the city and by paying all fees owed under this program. Any owner of a retail establishment with 15 or more shopping carts who does not participate in the city's shopping cart nuisance abatement program pending installation of an effective and approved containment system pursuant to this article shall be subject to having its lost, stolen or abandoned carts impounded in accordance with section 15-22.

(Ord. No. 09-8, § 1, 7-21-09)

In addition to installing physical measures to prevent the removal of carts from the premises, every retail establishment that provides 15 or more shopping carts for use by its customers on the premises shall also comply with the following requirements:

(a) Signs affixed to carts. Every shopping cart made available for use by customers shall be an identified cart as defined in this article, with permanently affixed sign(s) meeting the requirements of Business and Professions Code section 22435.1.

(b) Notice to customers. Written notice shall be provided to customers, in English and Spanish, that removal of shopping carts from the premises is prohibited by state law. Such notice may be provided in the form of flyers distributed on the premises, warnings printed on shopping bags, direct mail, website notices or any other means demonstrated to be effective. In addition, conspicuous signs shall be placed and maintained on the premises near all customer entrances and exits and throughout the premises, including the parking area, warning customers that removal of shopping carts from the premises is prohibited by state law.

(c) Daily cart confinement. All shopping carts located on the premises of the retail establishment (other than an establishment open for business 24 hours per day) shall be collected at the end of each business day by employees of the retail establishment and shall be collectively confined in a secure manner in the cart confinement area, as designated in the approved cart containment plan, until the commencement of the next business day. All shopping carts located on the premises of any retail establishment open for business 24 hours per day, other than carts then currently in use by a customer or patron, shall be collected by employees of the retail establishment and returned to the cart confinement area, as designated in approved cart containment plan, at least once per calendar day between the hours of 9:00 p.m. and 12:00 midnight on each day the retail establishment is open for business. The provisions of this subsection shall not apply to any shopping carts located within an enclosed building.

(d) Employee training. The owner of the retail establishment shall implement and maintain a periodic training program for its new and existing employees, designed to educate such employees concerning the requirements of this article and the provisions of state law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment.

(e) Collaboration with other businesses. Two or more retail establishments located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single cart containment plan.

(Ord. No. 09-8, § 1, 7-21-09)

(a) Filing of appeal. Any owner aggrieved by any adverse decision of the chief of code enforcement pursuant to this chapter may appeal such decision to the Costa Mesa Planning Commission within seven calendar days following the date of giving of notice of such decision, by filing with the chief of code enforcement a written notice of appeal briefly stating the grounds for such appeal. The notice of decision shall be deemed given pursuant to section 15-20. Any such appeal shall be deemed filed on the date the appeal is actually received in the office of the chief of code enforcement, accompanied by an appeal processing fee in an amount as set by resolution of the city council. No appeal shall be accepted for filing and processing by the chief of code enforcement unless accompanied by the appeal processing fee as established by the city council.

(b) Notice of hearing. If the appeal is timely filed, city staff shall cause the matter to be set for hearing before the planning commission, which hearing date shall be within 30 calendar days following the date of receipt of such notice of appeal. The appellant shall be provided not less than 10 calendar days' written notice of the date, time and place of the hearing.

(c) Conduct of hearing. The hearing shall be conducted informally and the formal rules of evidence shall not be applicable. The owner and the city shall each have the opportunity to present relevant evidence and witnesses. The parties may each be represented by legal counsel or other representatives of their choice. No additional evidence or argument shall be received or considered following the conclusion of the hearing except as may be agreed by stipulation of the parties.

(d) Decision by planning commission. The planning commission shall render a decision on the appeal, and adopt findings of fact in support of such decision within 30 calendar days following the conclusion of the hearing.

(e) Notice of decision. The notice of decision of the planning commission shall be deemed given on the date of personal delivery or on the date of the fax transmission to the appellant; notices given by the United States Postal Service, first-class mail, postage prepaid, shall be deemed given to the appellant on the second day following the date of deposit in the U.S. Mail.

(f) Decision is final. The decision of the planning commission shall be final, and may not be appealed to the city council. The decision must include notice that any legal challenge to the final decision shall be made pursuant to provisions of Code of Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within 90 days following issuance of the final decision.

(Ord. No. 09-8, § 1, 7-21-09)

Any notice required to be made pursuant the requirements of this article shall be made in compliance with this section unless otherwise indicated. Notice may be transmitted by the United States Postal Service, firstclass mail, postage prepaid, or by personal delivery or fax transmission. Notice shall be deemed given on the date of personal delivery or on the date of the fax transmission to the owner. Notices given by the United States Postal Service, first-class mail, postage prepaid, shall be deemed given on the second day following the date of deposit in the U.S. Mail.

(Ord. No. 09-8, § 1, 7-21-09)

It is unlawful for any person other than a cart owner or its authorized representative to remove a cart from the premises of the owner's retail establishment, unless the cart owner expressly authorizes its removal in writing.

(Ord. No. 09-8, § 1, 7-21-09)

(a) Identified carts. The city, or a contractor, may remove and impound any identified cart determined to be lost, stolen or abandoned from any public or private property.

(1) The cart shall be marked with a tag indicating the date and location of its discovery and shall be stored for 30 calendar days at a location selected by the city that is reasonably convenient to the cart's owner and is open at least six hours of each business day.

(2) The owner of an identified cart or his representative shall be given actual notice within 24 hours following the impound of the cart of the location where the cart may be claimed.

(b) Unidentified carts. The city, or a contractor, may remove and impound any unidentified cart determined to be lost, stolen or abandoned from any public or private property.

(1) The unidentified cart shall be marked with a tag indicating the date and location of its discovery and shall be stored for 30 calendar days at a location selected by the city that is reasonably convenient to the cart's owner and is open at least (6) hours of each business day.

(2) If there is any reasonably credible evidence on the cart of the name and address of its owner, the owner shall be given actual notice within five business days following the impound of the cart of the location where the cart may be claimed.

(Ord. No. 09-8, § 1, 7-21-09)

(a) Administrative fees. Except as provided in section 15-24 below, an administrative fee to cover the city's cost for the removal, tagging, and storage of abandoned shopping carts and associated administrative activities performed by the city may be established by resolution of the city council and imposed upon the owners of abandoned carts. Such fee shall not exceed the city's reasonable estimate of actual cost for such services.

(b) Fines. In addition to the payment of an administrative fee as set forth in subsection (a) of this section and except as provided in section 15-24 below, the owner of an impounded cart shall also be subject to a fine in the maximum amount established by Business and Professions Code section 22435.7(f), as may be amended from time to time. The fine for identified carts shall be based on each occurrence in excess of three during any six month period for failure to reclaim identified carts in accordance with section 15-24 below. An occurrence includes all identified carts impounded by the city, or a contractor, in a one day period. The fine for unidentified carts shall be the same fine amount as for each occurrence set forth in this subdivision for identified carts but imposed on each unidentified cart impounded, beginning with the first unidentified cart impounded.

(Ord. No. 09-8, § 1, 7-21-09)