La Habra Municipal Code Ch. 8.10 Shopping Carts

Many retail establishments provide shopping carts for the convenience of customers while shopping on the premises of such businesses. However, shopping carts removed from the premises of such businesses and left abandoned on public or private property throughout the city constitute a public nuisance and a potential hazard to the health and safety of the public. The proliferation of lost, stolen or abandoned shopping carts on public and private property causes blighting conditions in the community, clogs storm drains, results in the obstruction of free access to public and private sidewalks, streets, parking lots and other ways, interferes with pedestrian and vehicular traffic on public and private streets, and impedes emergency services. For the aforesaid reasons, such lost, stolen or abandoned shopping carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this chapter or in any other manner provided by law. The purpose of this chapter is to set forth regulations to ensure that reasonable measures are taken by the owners and operators of businesses which provide shopping carts for the convenience of customers to either prevent the removal of shopping carts from business premises and parking lots, or provide for the prompt retrieval of lost, stolen or abandoned shopping carts, to complement and supplement provisions of state law, and to adopt local regulations to the extent not otherwise preempted by state statute.

(Ord. 1731 § 1, 2012)

Except as otherwise expressly set forth herein, the following words and terms as used in this chapter shall have the following meanings:

"Agent"

means the person or persons designated in the shopping cart control plan that the owner of the shopping cart authorizes as the person(s) to perform or provide retrieval services on behalf of the owner. The agent may be the owner if so designated in the city approved shopping cart control plan.

"Approved plan"

means the approved mandatory shopping cart containment plan required by this chapter.

"Cart containment plan"

means a document submitted by the owner of the shopping cart pursuant to Section 8.12.100 of this chapter.

"City"

means the city of La Habra, California or its designated representatives.

"City council"

means the city council of the city of La Habra.

"City manager"

means the city manager of the city of La Habra, or designee.

"Contractor"

means an authorized independent contractor approved by the city council for the purpose of effecting the removal of abandoned shopping carts.

"Director"

means the director of public works, or designee.

"Enforcement personnel"

means any police officer or code enforcement officer employed by the city of La Habra.

"Identified cart"

means a shopping cart that has a permanently affixed sign that identifies, in accordance with Business and Professions Code Section 22435.1, the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the owner's premises; notifies the public that the unauthorized removal of the cart from the cart owner's premises or cart owner's parking area or the unauthorized possession of the cart, is a violation of state law; lists a valid telephone number or address for returning the cart to the owner or retailer.

"Laundry cart"

means a basket which is mounted on wheels and used in a coin-operated laundry or dry-cleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them.

"Lost, stolen or abandoned shopping cart"

means a shopping cart which is either: (1) removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart; or (2) left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with the permission of the owner. For purposes of this chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen or abandoned, even if in the possession of any person, unless such person in possession thereof either: (1) is the owner, or an employee or authorized agent of the owner, entitled to possession of said shopping cart; (2) is an officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts; (3) is an enforcement officer retrieving, storing or disposing of said cart pursuant to the provisions of this chapter; or (4) has written permission or consent to be in possession of said shopping cart from the owner entitled to possession of said shopping cart.

"Owner" or "cart owner"

means any person or entity, who in connection with the conduct of a business, including, but not limited to, a retail establishment, owns, leases, rightfully possesses, or makes a shopping cart available to customers, patrons and/or the public. This means and includes the owner's agent or authorized representative.

"Parking area"

means a parking lot or other property provided by a retail establishment for the use of customers of said retail establishment for parking of customer vehicles. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the multistore complex or shopping center.

"Person"

means a natural person, firm, association, organization, partnership, business, trust, corporation, limited liability company or other entity.

"Premises"

means any building, property or other area owned, occupied, and/or utilized upon which any retail establishment business is conducted or operated in the city of La Habra, which provides shopping carts for use by customers or other persons, including the parking area provided for customers of such retail establishment.

"Public property"

means all real property in the city in which a public agency has a fee simple, easement or leasehold interest. This includes, but is not limited to, streets, sidewalks, the civic center, parks and flood control facilities.

"Retail establishment"

means any business located in the city of La Habra which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, or is a private club or business, or is a membership store.

"Shopping cart" or "cart"

means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. The term "shopping cart" or "cart" includes a laundry cart.

"Unidentified cart"

means a shopping cart that is not an owner identified cart, or an identified cart of a retail establishment located outside the city.

(Ord. 1731 § 1, 2012)

It is unlawful for any person:

A. To remove a shopping cart from a premises, either temporarily or permanently, which is properly marked in conformity with this chapter, without the written consent of the owner; or

B. To be in possession of a shopping cart that has been removed from a premises, which is properly marked in conformity with this chapter, without the written consent of the owner; or

C. To detach the sign or deface the name or address marked on a sign, which is properly marked on a shopping cart in conformity with this chapter.

(Ord. 1731 § 1, 2012)

Once an unidentified cart is discovered on public or private property, the city or its authorized contractor may remove and impound said cart. If the removal is from private property, the city or its authorized contractor must first obtain the property owner's consent. The unidentified cart shall be marked with a tag indicating the date and location of its discovery and shall be stored for thirty calendar days at a location selected by the city. Any claims for an unidentified cart shall be presented to the director, and shall be accompanied by proof of ownership of the cart. A person demonstrating proof of ownership of an unidentified cart stored by the city shall pay the city's nuisance abatement fee prior to the cart being released by the city.

(Ord. 1731 § 1, 2012)

A. The city, or its authorized contractor, may remove and impound any abandoned identified shopping cart from any public property, or from private property with the property owner's consent, provided that the identified cart is located outside the premises or parking area of the retail establishment which owns the cart.

B. In the event the city, or its authorized contractor, removes and impounds an identified cart, the city, or its authorized contractor, shall provide actual notice to the owner of the identified cart or his or her representative within twenty-four hours following the impound of the cart, indicating the location where the cart may be claimed.

C. Notwithstanding subsection A of this section, the city or its authorized contractor may remove and impound any identified cart from any public or private property in instances where the location of the cart may impede emergency services.

(Ord. 1731 § 1, 2012)

A. Any identified or unidentified cart not reclaimed from the city within thirty days of receipt of a notice of impoundment by the owner of the cart, may be sold or otherwise disposed of by the city.

B. In the event a cart remains unclaimed, is disposed of or destroyed, the city reserves the right to collect any applicable redemption fees and/or fines from the cart owner.

(Ord. 1731 § 1, 2012)

A. Cost Recovery. The city may recover from the owner of a shopping cart, actual costs incurred in impounding the shopping cart pursuant to California Business and Professions Code Section 22435.7(d).

B. Fine. In addition to the payment of the city's costs as set forth in subsection A, the owner of a shopping cart may 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, for each occurrence in excess of three during any six-month period for failure to retrieve identified carts in accordance with this chapter. An occurrence includes all identified carts impounded by the city or its authorized contractor in a one-day period.

(Ord. 1731 § 1, 2012)

A. A cart owner or authorized representatives may, upon prior appointment, inspect impounded carts to determine if any of the owner's carts are present and may redeem such carts upon proof of ownership and payment of all applicable cost recovery or administrative fines.

B. An impounded cart may be redeemed by the owner at any time during normal business hours prior to disposal or destruction. The owner shall be entitled to receive the cart upon payment of all applicable cost recovery or administrative fines.

C. Any impounded cart redeemed by the owner or authorized representative within three business days following the date of actual notice of impoundment shall be released and surrendered to the owner or authorized agent at no charge.

D. Any impounded cart redeemed by the owner or authorized representative within three business days following the date of actual notice of impoundment shall not be deemed an occurrence for purposes of Section 8.10.070(B) of this chapter.

E. Any impounded cart that is not redeemed by the owner or authorized representative within three business days following the date of actual notice of impoundment shall be subject to any applicable cost recovery or administrative fines imposed pursuant to Section 8.10.070 of this chapter, commencing on the fourth business day following the date of the notice of impoundment.

F. No cart shall be released to a person seeking to redeem an impounded cart, unless such person submits, to the sole satisfaction of the city, proof of ownership or right to possession of the impounded cart.

G. Any release of a cart to a person deemed by the city to be entitled thereto, shall be an absolute defense of the city against any other person claiming to be entitled thereto.

(Ord. 1731 § 1, 2012)

A person who can demonstrate that they are the owner of an impounded cart may appeal the imposition of the nuisance abatement cost recovery or administrative fine by presenting evidence that the cart removal and storage was not performed substantially in accordance with the provisions of this chapter. Appeals shall be made in writing to the director within ten calendar days of paying the cost recovery or fine. An office hearing will be held within thirty calendar days of the receipt of a request for an appeal. The cart owner or authorized representative shall appear and be heard on the matter. If the director determines that the shopping cart was not removed and stored in substantial accordance with the provisions of this chapter, the nuisance abatement cost recovery or administrative fine shall be refunded. The decision of the public services director or designee shall be final.

(Ord. 1731 § 1, 2012)

Except as otherwise provided in this chapter, every owner subject to this chapter who provides shopping carts to customers for use on the premises of any retail establishment shall prepare, submit, implement and comply with the terms and conditions of a shopping cart control plan to prevent the unauthorized removal of any shopping cart from the owner's premises and, if removed, retrieval of the shopping cart within time periods set forth in subsection E. The focus of the plan shall be on means to confine shopping carts to the owner's premises. The cart containment plan shall be designed to effectively prevent the removal of all shopping carts from the premises. The owner shall have the obligation to provide demonstrable evidence that the elements proposed will be effective. The cart containment plan, at a minimum, shall include the following elements:

A. Signs Affixed to Carts. No owner shall provide any shopping cart for customer use that does not contain the signage required by this section. Any shopping cart found abandoned that does not have the identification and information required by this section may be removed and disposed of by the city in accordance with state law. Every shopping cart made available for use by customers shall have a sign permanently affixed to it that: (1) identifies the owner of the cart or the retail establishment or both; (2) the address of the owner of the business establishment for shopping cart return and a phone number at which a person may contact the owner to return the cart removed from the premises to the owner or retailer; (3) notifies the public that the unauthorized removal of the cart from the premises of the business, or the unauthorized possession of the cart, is a violation of state law.

B. Notice to Customers. Written notice shall be provided to customers, in both 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. The cart containment plan shall identify the specific measures to be implemented to comply with this notice requirement. 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. Physical Measures. Specific physical measures shall be implemented and maintained by the owner to prevent, deter or impede the removal of shopping carts from the premises. Such physical measures shall be specifically identified in the cart containment plan and may include, but are not limited to, the following: (1) electronic or other disabling devices installed and maintained on carts so they can not be removed from the premises; or (2) bollards and chains or other physical barrier in locations between the business exits and the parking area which effectively prevent transporting shopping carts into the parking area or off the premises; and/or (3) effective management practices including use of: (a) courtesy clerks to accompany customers and return the shopping carts to the store, (b) security personnel assigned the responsibility to prevent removal, or (c) other measures acceptable to the director that the owner can demonstrate will effectively prevent shopping cart to be removed from the premises; or (4) requiring security deposits by customers for cart use, or rental or sale of carts to customers. Where physical improvements such as subsections (1) and (2) above are not proposed, the plan shall include justification for such omission.

D. Retrieval Personnel. The owner shall provide personnel for purposes of the retrieval of lost, stolen or abandoned shopping carts. Such personnel may be either employees of the business or one or more independent contractors hired by the owner to provide shopping cart retrieval services, or a combination of both. The cart retrieval plan shall either: (1) identify the number of employees who will be assigned such cart retrieval duties, the number of total hours per week that each assigned employee will perform such services (in addition to any on-premises retrieval duties to which such employee may be assigned), and the training each of such personnel has received or will receive concerning the retrieval of lost, stolen or abandoned shopping carts; or (2) include a copy of each contract with a cart retrieval service (other than confidential financial information which may be redacted from the contract). For purposes of this section, those persons identified in the cart retrieval plan as providing cart retrieval services, whether employees of the business or independent contract services, shall be referred to in this section as "retrieval personnel." The owner shall provide written authorization to all retrieval personnel, which authorization shall be carried by each such person while performing cart retrieval services on behalf of the owner and shall be provided to any enforcement personnel upon request. Each vehicle used by retrieval personnel shall bear conspicuous signs on the vehicle identifying either the name of the retail establishment for which such retrieval service is being performed or, if applicable, the name of the cart retrieval service with which the retail establishment has contracted for such services.

E. Mandatory Shopping Cart Retrieval Element. The plan shall include provisions for retrieval of abandoned shopping carts. The owner shall provide retrieval personnel in sufficient number to assure that all public streets within a minimum two-mile radius of the premises of the retail establishment are patrolled not less often than every twenty-four hours, and all bus stops within a minimum one-mile radius of the retail establishment are patrolled not less often than every twelve hours, and each lost, stolen or abandoned shopping cart owned or provided by the retail establishment which is found as a result of such patrols is immediately retrieved and removed from any public or private property upon which the cart is found. The cart retrieval plan shall identify the streets and bus stops which will be patrolled as required by this subsection; the manner, frequency and times of such patrols; and the procedures to be employed by the retail establishment to identify and retrieve any lost, stolen or abandoned shopping carts. The cart retrieval plan shall identify the number of trucks, hours of operation of the retrieval personnel, and such other information as reasonably required by the city to assure that the owner is devoting sufficient resources to cart retrieval operations to comply with the provisions of this section and the approved cart retrieval plan. In addition, the retrieval element shall detail a telephone notification program, whereby persons may notify the owner of an abandoned shopping cart and request retrieval of any shopping cart properly identified as belonging to the owner; and provide that each vehicle used to retrieve shopping carts shall bear conspicuous signs identifying the name of the owner or the retail business name and, if applicable, the name of the contract shopping cart retrieval service.

F. Daily Cart Confinement. All shopping carts located on the premises of the retail establishment (other than an establishment open for business twenty-four 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 at the cart confinement area on the premises as designated in the 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 twenty-four 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 on the premises as designated in the cart containment plan at least once per calendar day between the hours of nine p.m. and twelve 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.

G. Employee Training. The owner of the retail establishment shall implement and maintain an annual training program for its new and existing employees designed to educate such employees concerning the requirements of the cart containment plan and the provisions of state law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment. The cart containment plan shall expressly describe the employee training program.

H. 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.

I. Fees. Every owner subject to this chapter shall submit with its initial proposed plan and thereafter annually with its annual report a fee in the amount set forth by resolution of the city council, and as may be amended from time to time. The fee shall not exceed the city's reasonable cost to administer and manage the activities mandated by this chapter, and shall not include the city's cost of retrieving shopping carts, except as provided for in Business and Professions Code Section 22435.7.

J. Annual Report. Each year, on or before the anniversary of the director's approval of the plan, each owner (or multiple businesses that have collaborated on a single approved plan) shall submit an annual report to the director:

1. Certifying compliance with the approved plan and each item specified in this section; and

2. Detailing compliance with each provision of its approved plan over the prior year; and

3. Summarizing cart retrieval statistics for the prior year.

K. Shopping Cart Inventory. The plan shall include a complete list of all shopping carts maintained on or in the premises.

L. Exemptions. The requirements of this section shall not apply to any retail establishment which provides a total of ten or less shopping carts for use by customers of such business.

(Ord. 1731 § 1, 2012)

A. Notwithstanding any other provision of this code to the contrary, any retail establishment operating in compliance with an approved plan shall be exempt from the payment of any fees otherwise due pursuant to Chapter 8.10 of this code for the retrieval of any shopping carts impounded by the city.

B. For purposes of subsection A, a retail establishment shall be deemed to be operating in compliance with the provisions of an approved plan if and only if:

1. A cart containment plan for such establishment has been approved by the city in accordance with the provisions of this chapter; and

2. Such cart containment plan has not previously been revoked by the city; and

3. Such establishment is not then currently the subject of any proceeding involving a written order to show cause as to why the approved plan should not be revoked.

C. Notwithstanding any other provision of this code to the contrary, any existing retail establishment which: (1) provides a total of more than ten shopping carts for use by customers of such business; and (2) submits and obtains the approval of a cart containment plan within the time specified in Section 8.10.120 of this chapter, shall be exempt from the payment of any permit or inspection fees otherwise required to implement such cart containment plan.

(Ord. 1731 § 1, 2012)

A. New or Relocated Retail Establishments. Unless otherwise expressly exempt hereunder, each new retail establishment, and any existing retail establishment relocating to a different location within the city, shall submit a proposed plan complying with the requirements of Sections 8.10.100 and 8.10.120 of this chapter to the director, and obtain approval thereof by the city, prior to providing any shopping carts to customers of the retail establishment. Each proposed plan shall be accompanied by a processing fee in an amount set by resolution of the city council. No proposed plan shall be accepted for filing and processing by the director unless accompanied by the processing fee established by the city council.

B. Existing Retail Establishments. Unless otherwise expressly exempt hereunder, each existing retail establishment shall submit a proposed cart containment plan complying with the requirements of Sections 8.10.100 and 8.10.120 of this chapter to the director within one hundred twenty calendar days following the effective date of the ordinance codified in this chapter. No retail establishment existing on the date the ordinance codified in this chapter is effective shall provide or continue to provide shopping carts for the use of its customers after the one hundred fiftieth calendar day following the date of adoption of this chapter without an approved plan; provided, however, such date shall be extended for the period, if any, during which an appeal of the denial of a submitted cart containment plan is pending pursuant to the provisions of this chapter. Each proposed cart containment plan shall be accompanied by a processing fee in an amount set by resolution of the city council. No proposed cart containment plan shall be accepted for filing and processing by the director unless accompanied by the processing fee.

C. Plan Review and Approval. Upon the filing of any proposed cart containment plan (referred to herein as the proposed plan), and receipt of the required processing fee, the director shall review the proposed plan and either approve or deny the proposed plan within thirty calendar days following the receipt thereof. If the proposed plan complies with all of the applicable requirements of this chapter, the director shall approve the proposed plan, otherwise the proposed plan shall be denied. The decision of the director shall be made in writing and notice thereof shall be transmitted to the owner of the retail establishment by the United States Postal Service, first-class mail, postage prepaid, or by personal delivery or fax transmission. The notice of the director's decision shall be deemed given to the owner on the date of personal delivery or on the date of fax transmission of the notice to the owner; notices given by the United States Postal Service, first-class mail, postage prepaid, shall be deemed given to the owner on the third business day following the date of deposit with the United States Postal Service. If the proposed plan is denied, the notice of decision given to the owner shall state the grounds upon which the proposed plan was denied. The director's decision may be appealed by the owner in the time and manner provided for in Section 8.10.140.

D. Amendments by Owner. The owner of any retail establishment which has an approved plan may, at any time, submit a proposed amendment to the approved plan which amendment shall be processed in accordance with the procedure provided for a proposed plan as set forth in subsection C. Each proposed amendment shall be accompanied by a processing fee in an amount set by resolution of the city council. No proposed amendment shall be accepted for filing and processing by the director unless accompanied by the processing fee.

(Ord. 1731 § 1, 2012)

A. Grounds. An approved plan may be revoked by the city upon any of the following grounds:

1. The owner of any retail establishment is operating, or is permitting operation of, the retail establishment in violation of one or more of the provisions of its approved plan and has failed to correct the violation(s) for a period of at least fifteen calendar days following the date of receipt of written notice of such violation(s) from the city; or

2. The owner of any retail establishment with an approved plan is operating, or is permitting the operation of the retail establishment in violation of one or more of the requirements of this chapter and has failed to correct the violation(s) for a period of at least fifteen calendar days following the date of receipt of written notice of such violation(s) from the city; or

3. The approved plan is inadequate to reasonably prevent the removal of shopping carts from the premises of the retail establishment.

B. Order to Show Cause. If at any time following the approval of a cart containment plan, the director obtains information or evidence that any of the grounds set forth in subsection A may exist, the director shall issue a written order to show cause as to why the approved plan should not be revoked, and the director shall schedule a hearing thereon, which hearing shall not be less than fifteen calendar days nor more than thirty calendar days following the date the order to show cause is given to the owner of the retail establishment. The order shall state the grounds upon which it is proposed to revoke the approved plan and shall include the information and evidence, or a summary thereof, upon which such order was issued.

C. Notice of Hearing. Notice of the hearing on any order to show cause issued pursuant to this section shall be given in the time and manner provided in Section 8.10.120(C).

D. Conduct of Hearing. The hearing shall be conducted informally and the legal rules of evidence shall not apply. The owner and the city shall each have the opportunity to present evidence and witnesses.

The parties may each be represented by legal counsel or other representatives of their choice. The city shall bear the burden of proof to establish, by a preponderance of the evidence that grounds exist to revoke the approved plan. The director, at his or her discretion, and as an alternative to revocation, may consider amendment of the approved plan if the grounds for the order to show cause are solely the inadequacy of the approved plan.

E. Decision of Director of Public Works. Within fifteen calendar days following conclusion of the hearing, the director shall render his or her decision in writing either dismissing the proceedings or revoking or ordering amendment of the approved plan. If the plan is revoked or ordered amended, the decision shall specify the findings of fact and the reasons for such action. If the approved plan is ordered amended, the decision shall also specify the inadequacies that must be addressed by the proposed amendment.

F. Notice of Decision. Notice of the decision of the director of public works shall be given in the time and manner specified in Section 8.10.120(C).

G. Appeal of Decision. The director's decision shall be subject to appeal by the owner within the time and manner specified in Section 8.10.140. In the absence of a timely appeal, the director's decision shall be final and conclusive.

H. Use of Shopping Carts Following Revocation Prohibited. No owner of any retail establishment which is subject to the requirements of this chapter shall provide or make available shopping carts for the use of customers following the date any decision revoking an approved plan becomes final unless and until a new cart containment plan is approved by the city. Notwithstanding any other provision of this chapter, an owner of a retail establishment shall not be eligible to submit a new cart containment plan to the city for processing for a minimum of thirty days following the date any decision revoking the prior approved plan for such retail establishment becomes final. Any proposed cart containment plan submitted to the city for such retail establishment during the thirty-day period shall be returned to the owner of the retail establishment as untimely.

(Ord. 1731 § 1, 2012)

A. Filing of Appeal. Any owner aggrieved by any adverse decision of the director may appeal such decision to the city manager within fifteen calendar days following the date of giving of notice of such decision by filing with the city manager a written notice of appeal briefly stating the grounds for the appeal. The notice of decision shall be deemed given on the date as provided in Section 8.10.120(C) of this chapter. The appeal shall be deemed filed on the date the appeal is actually received in the office of the city manager accompanied by an appeal processing fee in an amount set by resolution of the city council. No appeal shall be accepted for filing and processing by the city manager unless accompanied by the appeal processing fee.

B. Decision by City Manager. The city manager shall render a decision on the appeal and adopt findings of fact in support of such decision within thirty calendar days following the filing of the appeal.

C. Notice of Decision. The notice of decision of the city manager 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 third business day following the date of deposit with the United States Postal Service.

D. Decision is Final. The decision of the city manager shall be final and conclusive on the date the decision is deemed given to the appellant as provided in Section 8.10.120(C).

(Ord. 1731 § 1, 2012)

A. It is unlawful for the owner of any retail establishment to provide or offer, or permit to be provided or offered, any shopping carts to customers of the retail establishment without an approved plan as required by Sections 8.10.100 and 8.10.120 of this chapter; provided, however, this prohibition shall not apply to any retail establishment, or the owner thereof, which provides a total of ten or less shopping carts for the use of customers of said retail establishment.

B. It is unlawful for the owner of any retail establishment to provide or offer, or permit to be provided or offered, to customers of the retail establishment any shopping cart which does not have a sign permanently affixed thereto containing all of the information specified in Section 22435.1 of the Business and Professions Code of the state of California.

C. It is unlawful for an owner and/or owner's agent to cause or permit any shopping cart to be abandoned upon any sidewalk, street or other public place in the city or upon any private property other than the premises owned by the owner of such shopping cart. This subsection shall apply to all owners of business establishments or other commercial services within the city that provide more than ten shopping carts for customer use.

D. Penalty for Violation. Any violation of the provisions of this chapter shall be deemed to be an infraction, and punishable as such, notwithstanding the fact that at the discretion of the city, the violation of any section of this chapter may be filed as a misdemeanor. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction. Each day a violation of any provision of this chapter shall be a new and separate violation and shall constitute a public nuisance and may be abated by the city through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

E. The provisions of this chapter may be enforced by the city manager or designee.

F. Every owner shall comply with the provisions of this chapter and every provision of the owner's approved plan. Any owner who violates any provision of this chapter or any provision of the owner's approved plan shall be subject to enforcement procedures for each violation through any lawful means available to the city, including without Chapters 1.08 and 1.20 of the La Habra Municipal Code.

G. Failure to Submit or Implement Plan by Owner. An owner who fails to submit a complete cart containment plan to the satisfaction of the director, or fails to implement approved plan measures or fails to comply with the approved plan measures will be subject to enforcement of these requirements through any lawful means available to the city, pursuant to La Habra Municipal Code Chapters 1.08 and 1.20.

(Ord. 1731 § 1, 2012)

The city shall notify the owner of an abandoned shopping cart as identified on the signage information permanently affixed to the shopping cart. The city notification shall be documented and provided either by telephone or by written notice. The notification shall require that the identified shopping cart(s) be retrieved pursuant to the conditions for retrieval as set forth in the owner's abandoned shopping cart retrieval plan.

(Ord. 1731 § 1, 2012)