La Mesa Municipal Code Ch. 10.14 Abandoned Shopping Carts

This chapter shall be known as the "abandoned shopping carts" ordinance.

(Ord. 2005-2752 § 1 (part); March 8, 2005)

(a) The city council finds that abandoned shopping carts are increasingly pervasive in the community, litter the parkways and curbs of the city, create potential safety hazards to the public, and interfere with pedestrian and vehicular traffic. The accumulation of wrecked and dismantled abandoned shopping carts on public and private property tends to diminish property values and promote blight in the overall community.

(b) The purpose of this chapter is to ensure that business owners take measures to prevent the removal of shopping carts from the business site and to facilitate retrieval of abandoned shopping carts in a manner consistent with state law.

(Ord. 2005-2752 § 1 (part); March 8, 2005)

As used in this chapter, the following terms have the meanings set forth below:

(a) "Abandoned shopping cart" shall mean any cart taken from the business site without the written consent of the owner to either public or private property.

(b) "Abandoned cart prevention plan" shall mean a document submitted by the responsible business owner pursuant to Section 10.14.080 of this chapter.

(c) "Agent" shall mean the person or persons designated in the owner's "abandoned cart prevention plan" authorized to perform or provide retrieval services on behalf of the owner of the business. The agent may be the owner if so designated in the approved abandoned cart prevention plan.

(d) "Cart" shall mean a basket mounted on wheels or a similar device intended for the use of customers in a retail or commercial business establishment for the purpose of transporting goods of any kind within the confines of the business establishment, including the parking lot.

(e) "City" shall mean the city of La Mesa, represented by a city official designated by the city manager to administer this chapter.

(f) "Owner" shall mean any person or entity, who in connection with the conduct of a business, possesses, leases or makes carts available to customers or the public for the purpose of transporting merchandise on the business premises. For purposes of this chapter, "owner" shall also include the owner's designated agent.

(g) "Premises" shall mean the entire area owned, occupied, and/or utilized by the owner, who provides carts for use by customers or other persons, including any parking lot or other property provided by or on behalf of the owner for customer parking or use.

(Ord. 2005-2752 § 1 (part); March 8, 2005)

This chapter shall apply to all owners of business establishments or other commercial services within city limits who provide shopping carts for customer use or the public.

(Ord. 2005-2752 § 1 (part); March 8, 2005)

(a) It shall be unlawful for any person to cause or permit any cart to be abandoned on or upon any sidewalk, street or other public area, or upon private property, other than the premises of the owner of such cart.

(b) It shall be unlawful for a business knowingly to have on its premises for the use of its customers, shopping carts identified on the carts as belonging to a different business owner.

(Ord. 2005-2752 § 1 (part); March 8, 2005)

(a) Every cart owned or provided by any business owner purchased after July 1, 2005 shall have a sign permanently affixed to the cart that contains the following information:

(1) Identity of owner, business establishment, or both;

(2) Notification to the public that the removal of the cart from the premises is a violation of law;

(3) The address and phone number of the owner of the business establishment for cart return;

(b) Any cart found abandoned on public or private property that does not have the identification and information required by this section shall be removed from the property and disposed of by the city in accordance with the state law.

(Ord. 2005-2752 § 1 (part); March 8, 2005)

It shall be unlawful for any person, either temporarily or permanently, to remove a cart from a business premises, or be in possession of a cart that has been removed from a business premises which is properly identified in conformity with this chapter, without the written consent of the owner. This section shall not apply to carts removed as authorized by the owner for the purpose of repair, maintenance or disposal.

(Ord. 2005-2752 § 1 (part); March 8, 2005)

Every business owner who provides carts, or allows or intends to allow the use of carts, shall develop, implement and comply with the terms and conditions of a city-approved abandoned cart prevention plan to prevent the unauthorized removal by any person of any carts from the owner's premises and, if removed, to retrieve the cart within seventy-two hours of the removal, or notice of removal. The owner's abandoned cart prevention plan shall include the following elements:

(1) Name of Business/Owner. The name of the owner and the business name; the physical address where the business is conducted; name, address and phone number(s) of the on-site and off-site owner if different;

(2) Inventory of Carts. A complete list of all carts maintained on or in the premises;

(3) Community Outreach. A description of the community outreach process under which the owner shall cause notice to be provided to customers that the removal of carts from the premises is prohibited, and a violation of state and municipal law. This code shall include, but is not limited to, flyers distributed on the premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exits, direct mail, announcements using intercom systems on the premises, website or other means demonstrated to be effective. Any posting of signs shall comply with applicable provisions in Title 15 of the La Mesa Municipal Code;

(4) Cart Identification. Signs and cart identification requirements which conform to state law;

(5) Loss Prevention Measures. A description of the specific measures that the owner shall implement to prevent cart removal from the premises. These measures may include, but are not limited to, electronic or other disabling devices on the carts so they cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return carts to the store, use of security personnel to prevent removal, security deposit for use of cart, other demonstrably effective measures acceptable to the city, likely to prevent cart removal from the premises;

(6) Employee Training. A description of an ongoing employee training program that shall be implemented by the owner and that shall be designed to educate new and existing employees on the abandoned cart prevention plan and conditions contained therein at least annually;

(7) Mandatory Cart Retrieval. A plan for retrieval of abandoned carts by the owner within a seventy-two hour time period of removal.

(Ord. 2005-2752 § 1 (part); March 8, 2005)

Every owner who is required to submit an abandoned cart prevention plan or an application for a modification of such plan pursuant to this chapter, shall submit, with the plan or plan modification, a fee established by the city council, in the amount set forth in the city's general fee schedule.

(Ord. 2005-2752 § 1 (part); March 8, 2005)

(a) Each business owner shall submit an abandoned cart prevention plan in compliance with this chapter beginning on the effective date of the ordinance codified in this chapter. In implementing this chapter, the city shall provide not less than sixty days' written notice to each owner of the date that the owner's initial abandoned cart prevention plan is due. The city may approve or deny the proposed plan and notify the owner of such decision within thirty days of receipt of the plan. If approved, the abandoned cart prevention plan shall be implemented by the owner no later than thirty days from the date of approval. After March 1, 2005, the owner shall comply with the provisions of this chapter regardless of receipt of written notice from the city.

(b) The city may deny a plan based upon any of the following grounds:

(1) Implementation of the plan would violate provisions of the building, zoning, health, safety, fire, police or other municipal codes, or any county, state, or federal law which substantially affects public health, welfare or safety;

(2) The plan fails to include all the information required by this chapter;

(3) The plan is insufficient or inadequate to prevent removal of carts from the owner's 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 would violate a term or condition of another city policy or requirement of the municipal code;

(6) The owner has knowingly made a false statement of fact, or omits a fact required to be revealed in an application for a plan, or in any addendum or report or other information required to be provided regarding the plan.

(c) If the plan is rejected as incomplete or inadequate, the city shall indicate the areas of incompleteness or inadequacy, and the owner shall have an additional thirty days in which to resubmit a corrected plan.

(d) An owner who fails to submit a complete plan, or fails to implement approved plan measures, or fails to comply with the approved plan measures, shall be subject to enforcement of these requirements through any lawful means available to the city, including without limitation, institution of the administrative remedies provided for in Chapter 1.01 of this code.

(e) The city's denial of a plan shall be the final administrative decision.

(Ord. 2005-2752 § 1 (part); March 8, 2005)

Any time subsequent to the city's approval of an abandoned cart prevention plan, the owner may request a modification of a previously approved plan to address a change in circumstances, an unanticipated physical or economic impact of the plan, or a need to modify an ineffective plan.

(Ord. 2005-2752 § 1 (part); March 8, 2005)

(a) Any owner may request an exemption on an annual basis from the requirements of this chapter, if the owner provides written documentation and demonstrates to the satisfaction of the city that the owner has:

(1) A contract with a La Mesa licensed cart retrieval service, or a physical device or mechanism in place or a management practice currently implemented that prevents the unauthorized removal of carts from the owner's premises; and

(2) None of the owner's carts have been found abandoned on three or more occasions during the period of six continuous months immediately preceding the date the application for an exemption is submitted to the city.

(b) A written application for the exemption shall include all of the following:

(1) The name of the owner and the name of the business; the physical address where the business is conducted and the name, address and phone number of the on-site and off-site owner, if different, and the methods, management practices and/or physical devices that will ensure that the carts will not leave the premises.

(Ord. 2005-2752 § 1 (part); March 8, 2005)

Any owner, granted an exemption from the abandoned cart prevention plan, shall file with the city a written application for a one year renewal of the exemption annually in accordance with the provisions of Section 10.14.120 of this chapter. The written application for a renewal of the exemption shall include the information required to be submitted in the initial application for the exemption in accordance with the provisions of Section 10.14.120 of this chapter. Any exemption granted to an owner shall be void upon the sale or transfer of ownership of the business.

(Ord. 2005-2752 § 1 (part); March 8, 2005)

An application for a renewal of an exemption may be denied or revoked by the city upon any of the following grounds:

(1) Any of the owner's carts is or has been abandoned on public or private property, or in a right-of-way for longer than three business days after notification by the city on three occasions in any six-month period.

(2) The owner has failed to comply with any of the provisions of this chapter.

(3) The owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the exemption, or in any amendment or report or other information required to be made.

(Ord. 2005-2752 § 1 (part); March 8, 2005)

(a) Notice of Intended Decision.

(1) Upon determining the existence of any of the grounds for denial or revocation of a renewal of an exemption in accordance with Section 10.14.140 of this chapter, the city may issue to the owner a notice of intended decision to deny or revoke the exemption.

(2) The notice of intended decision shall state all the grounds upon which the denial or revocation of the renewal application for an exemption is based.

(3) The notice of intended decision shall advise the owner that the denial or revocation shall become final unless the owner files a written request for hearing before the city within ten calendar days of the date of service of the notice of intended decision to deny or revoke the renewal of the exemption.

(4) The notice of intended decision shall specify the effective date of the denial or revocation of such exemption.

(b) Procedure for Hearing Before the City.

(1) The written request for a hearing before the city must be received by the city within ten calendar days of the date of the notice of intended decision to deny or revoke the renewal of the exemption.

(2) Upon timely receipt of a written request for a hearing, the city shall schedule a hearing which shall be held no later than thirty calendar days after receipt of a timely request for hearing.

(3) The city shall serve a notice of hearing on the owner at least ten calendar days prior to the scheduled date of the hearing.

(4) At the hearing before the city, the owner shall be given the opportunity to present witnesses and relevant documentary evidence.

(5) The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidences which the city deems reliable, relevant and not unduly repetitious may be considered.

(c) Decision of the City.

(1) Within twenty calendar days after the hearing, the city shall serve on the owner a written decision sustaining, reversing or modifying the city's intended decision.

(2) The decision by the city after hearing shall become final unless the owner files an appeal before the city manager within the time period specified in subsection D of this section.

(d) Appeals to the City Manager.

(1) If an owner is dissatisfied with the written decision of the city, the owner may file an appeal to the city manager.

(2) The appeal must be in writing on a form provided by the city and must be received by the city manager within fifteen calendar days of the date of the city's decision.

(3) The decision by the city manager after hearing shall become final.

(Ord. 2005-2752 § 1 (part); March 8, 2005)

(a) Every owner shall comply with the provisions of this chapter and every provision of the owner's approved abandoned cart prevention plan.

(b) Any owner who violates any provision of this chapter or any provision of the owner's approved abandoned cart prevention plan shall be subject to enforcement procedures for each violation through any lawful means available to the city, including, without limitation, those set forth in California Business and Professions Code Section 22435.7, as well as institution of administrative remedies in accordance with Section 1.01.080 of the La Mesa Municipal Code.

(Ord. 2005-2752 § 1 (part); March 8, 2005)

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

(Ord. 2005-2752 § 1 (part); March 8, 2005)