Pittsburg Municipal Code Art. IV Mandatory Evaluation Report And Plan To Prevent Cart Removal

Every owner of a business establishment providing shopping carts to its customers (owner) shall develop and implement a specific plan to prevent customers from removing carts from the business premises. The plan must include the following elements:

A. Notice to Customers. The owner shall provide written notification to customers that the removal of carts from the business establishment's premises is prohibited and a violation of state and local law. This notification may be provided in the form of fliers, warnings on shopping bags, or any other written materials that will effectively inform customers of the law.

B. Physical Measures. At least one specific physical measure shall be implemented to prevent cart removal from the business premises. Optional physical measures include, but are not limited to, the following:

1. Installing disabling devices on all carts;

2. Posting a security guard to prevent customers from removing carts from the business premises;

3. Requiring a security deposit for use of all carts.

C. Administrative Hearing. If a dispute arises between the business establishment and city as to the physical measure to be implemented at that establishment, the business establishment may request an administrative hearing in order to resolve this dispute.

1. The request for hearing shall be made in writing to the director of public services. As soon as practicable after receiving the request for hearing, the director shall request the city manager or his or her designee to appoint a hearing officer. The director shall schedule a date, time and place for the hearing. A continuance of the hearing may be granted upon written request to the director.

2. Written notice of the date, time and place of the hearing shall be served at least 10 calendar days prior to the hearing. Notice of the hearing shall be sent to the business establishment by first class mail at the address provided by the business. The hearing shall be set no sooner than 20 days following the request for hearing.

(Ord. 1166 § 2, 2000)

An evaluation report must be submitted each year to the public services department or other designated unit of the city. The report shall include, but is not limited to, the inventory of carts owned or used by the business establishment and the number of carts replaced by that establishment due to repair, loss, theft or abandonment. Any owner who fails to submit an evaluation report as outlined in this section by July 1st of each year is guilty of an infraction. If a prevention plan was in place the previous year, the evaluation report shall identify and assess the measures used and approved in the prior year.

(Ord. 1166 § 2, 2000)

A. A proposed plan for preventing shopping cart removal or an evaluation report shall be submitted to the city for approval within 60 days after the adoption of the ordinance codified in this chapter and by July 1st of each year thereafter. Those affected business establishments open after the adoption of this chapter shall have 60 days from the filing date on their city business license application to submit a shopping cart removal prevention plan to the neighborhood preservation unit for approval. The city may reject any proposed plan if it determines that the plan is not reasonably likely to prevent the removal of shopping carts from the premises.

B. A business establishment has 30 days from the date of city approval to implement its cart removal prevention plan. If the proposed plan is the same as the previous year's, the prevention measure shall continue until the city indicates the plan requires modification. Unless otherwise agreed, the owner shall implement modifications to a plan required by the city within 30 days of notification.

(Ord. 1166 § 2, 2000)

Any owner who fails to submit a plan, implement the proposed plan or implement any required modifications to the plan as required by the city, within the time frames as specified in this article, shall be required to place disabling devices on all carts owned, leased or used by the business establishment to prevent removal of carts from the business premises and parking lots. Any owner who fails to place a disabling device on all carts, if applicable, is guilty of a misdemeanor.

(Ord. 1166 § 2, 2000)

Any business establishment that has contracted for daily retrieval of abandoned shopping carts with a licensed shopping cart retrieval business, and provides quarterly reports to the city on the effectiveness of the retrieval program, shall be exempt from the prevention plan requirements as set forth in PMC § 10.59.410(B), § 10.59.430 and § 10.59.440.

(Ord. 1166 § 2, 2000)