Sec. 26-115. - Containment of carts.

This section sets forth a uniform set of standards for any business establishment that uses carts in its operations, or that provides, or otherwise makes carts available for the use of its customers. Business establishments utilizing carts shall employ and/or install physical containment devices and/or equipment designed to prevent the unauthorized removal of such carts from the premises where they are located.

(a)

The following definitions shall apply:

(1)

Cart means any basket or other like container of any size, dimension or material construction which is mounted on wheels or a similar device and is typically (but not necessarily exclusively) used by the customers, agents or employees of a business establishment for the purposes of transporting items of any kind.

(b)

Cart containment regulations.

(1)

Each business establishment shall have a sign permanently affixed to all carts complying with the requirements of the Business and Professions Code Section 22435.1, shall have signage installed on site notifying customers that removal of the carts from the premises is prohibited, and shall be required to employ and or install one (1) or more of the following physical containment measures, subject to the Community Development Director's review and approval of a cart containment plan specifically indicating the means of cart containment proposed to be utilized;

a.

Equipping all carts with a wheel locking or stopping mechanism used in conjunction with an electronic or magnetic barrier running along or within the perimeter of the premises. Such wheel locking or stopping mechanism must activate when the cart crosses the electronic or magnetic barrier.

b.

Equipping all carts with devices and/or equipment which physically prevents the carts from being removed from the interior of any building or structure in which they are used;

c.

Installing physical barriers within all buildings or structures which physically prevent carts from being removed from the interior of any building or structure in which they are used;

d.

Installing an alternative cart containment system proposed by the specific business establishment and approved by the Community Development Director.

(2)

The employment and/or installation of any one or more of the options set forth under subsections (b)(1) through (b)(3) of this section shall be required within sixty (60) calendar days of a written determination by the Community Development Director or their designee determining that an approved alternative cart containment system option does not reliably prevent the removal of carts from the premises. A containment system option does not relatively prevent the removal of carts from the premises. A containment system shall be deemed not to reliably prevent the removal of carts from the premises if the number of carts removed from the premises or found abandoned exceeds three (3) carts in a thirty (30)-day period and/or eight (8) total carts in any calendar year.

(c)

Cart containment approval process.

(1)

Approval by Community Development Director. Commencing upon the effective date of this division, every new or existing business establishment utilizing carts must either:

a.

Submit documentation proving, to the reasonable satisfaction of the Community Development Director or their designee, that the business establishment has installed any one or more of the measures set forth under subsections (b)(1) through (b)(3) and that such system is operational and in good working condition; or

b.

Submit to the Community Development Director or their designee a proposal for the installation of an alternative cart containment system. The Community Development Director or their designee shall have thirty (30) calendar days from the date of submission to review any proposal for a barrier system contemplated under section (b)(4) and may thereafter approve the proposal; deny the proposal; approve the proposal subject to modification and amendments aimed at enhancing its cart containment reliability and/or its architectural and aesthetic consistency with other on-premises improvements; or forward the proposal to the Planning Commission for review and render the final decision. No new business establishment shall be issued a certificate of occupancy until the requirements of this section are satisfied.

(d)

Implementation and amortization.

(1)

All existing business establishments which do not have cart containment measures employed in accordance with subsections (b)(1) through (b)(3) or have an approved alternative containment measure employed per subsection (b)(4), as of the effective date of the ordinance codified in this section, shall so comply within twelve (12) months after the effective date. A business establishment and/or owner of the premises upon which the business establishment is located may apply for an extension of time from the amortization period no more than ninety (90) days prior to the expiration date or no more than thirty (30) days after the expiration date.

a.

The extension of time request shall be reviewed by the Community Development Director. The Community Development Director may only consider one (1) extension of time per business establishment. In no case shall an extension of time greater than six (6) months be granted. The Planning Commission, upon appeal, shall make the following findings in approving or conditionally approving an application for the extension of time request.

1.

That the struct application of the required cart containment measure will create an unreasonable hardship upon the applicant, which was not brought about by an act of the applicant.

That the extension of time requested will not be materially detrimental to the public health, safety, or general welfare or to the use, enjoyment or valuation of property of other persons located within the vicinity.

3.

That sufficient evidence has been submitted to support the need for the extension of time and appropriate amount of time.

b.

Written notice of time and place of hearings conducted by the Planning Commission upon appeal relating to such matter shall be given not less than ten (10) consecutive calendar days in advance of such hearing to the applicant and property owner whose property is within a three hundred (300) foot radius of the subject lot. The applicant shall be responsible for providing the City with the required radius map and mailing labels. All persons interested in such matters shall be given a reasonable opportunity to present relevant evidence relating to the request.

(e)

Requirements for securing carts.

(1)

All carts located on the premises of any business (other than business establishments open twenty-four (24) hours per day) shall be collected at the end of each business day by employees of the establishment and shall be collectively confined in a secure manner until the commencement of the next business day.

(f)

Cart retrieval requirements.

(1)

The cart owner shall secure and continuously maintain a service to retrieve shopping carts which have been removed from their business premises within twenty-four (24) hours of the removal or notice of removal.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)