Fairfield Municipal Code § 12.1106 Shopping Cart Containment Plan Required

Every owner shall operate and maintain a shopping cart containment program pursuant to a shopping cart containment plan that contains all of the following:

a) Name of the owner. The name of the owner, the physical address of the owner’s establishment, and name, address and phone number(s) of the property owner if different from the business owner.

b) Inventory of carts. A complete inventory of all carts maintained on or in the business premises.

c) Cart identification. Shopping cart identification requirements pursuant to Section 12.1103 of this Article.

d) Loss prevention measures. A description of the specific measures that the owner shall implement to prevent cart removal from the business premises. These measures may include, but are not limited to:

1. Placing signs directing customers not to remove the shopping carts from the business premises;

2. Using courtesy clerks to accompany customers and return the carts to the owner’s establishment;

3. Using security personnel to prevent shopping carts from being removed from the business premises or requiring a security deposit for use of a cart;

4. Providing small, two-wheeled shopping carts that a customer may rent or purchase for the customer’s personal use;

5. Providing a neighborhood shuttle or other service to transport purchased goods for a customer;

6. Installing on shopping carts electronic disabling devices, such as wheel locks, which disable the cart upon crossing a barrier at the perimeter of the business premises;

7. Installing barriers on carts or at the doors, near the loading areas, or at other defined perimeters, of the business premises to prevent the passage of a cart beyond such barrier;

8. Operating without a plan approved by the Director is unlawful and shall be an infraction punishable as provided in section 1.7 of this code.

(Ord. No. 2017-04, § 1; Ord. No. 2013-22, § 1)

An owner must submit for review and approval by the Director a shopping cart containment plan that complies with the requirements established in Section 12.1106, and any amendments to a shopping cart containment plan previously approved by the Director. The owner shall pay a fee upon submitting the plan or plan amendment for review of the plan or plan amendment in an amount established by resolution of the City Council.

(Ord. No. 2013-22, § 1)

a) The Director shall approve, conditionally approve or deny a proposed shopping cart containment plan, and shall notify the owner of such decision within thirty (30) days of receipt of the plan and payment of the fee required pursuant to Section 12.1106.1. If approved, the cart containment plan shall be implemented by the owner no later than thirty (30) days from the date of approval.

b) A plan or an amendment to a plan may be approved subject to conditions or denied based upon one or more of the following grounds:

1. 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 Article;

3. The plan is insufficient or inadequate to prevent removal of carts from the business premises as evidenced by data regarding the owner’s abandoned shopping carts;

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 violates another provision of the City Code;

6. The owner knowingly makes a false statement of fact or omits a material fact required to be submitted for the plan, or for any amendment to the plan or in any other information required by the City.

c) Within fifteen (15) days of the written decision of the Director that a plan or amendment is incomplete or denied, the owner shall submit a revised or complete plan, as appropriate. The Director may require specific measures to be included in the plan, including mandatory electronic disabling devices.

d) The Director may revoke the Director’s prior approval of a plan based on one or more of the grounds listed in paragraph (b) above.

e) Within ten (10) days of the written decision of the Director, an owner may appeal to the City Manager the Director’s decision to deny or revoke prior approval of a plan. The decision of the City Manager shall be final.

f) At any time after the Director’s approval of any plan, the owner may submit an amendment to the previously approved plan to address a change in circumstances, address an unanticipated physical or economic impact of the plan, or modify an inadequate or ineffective plan.

(Ord. No. 2013-22, § 1)