Except as otherwise provided in this chapter, every owner who provides shopping carts to customers to use on the premises of any retail establishment shall develop, implement and comply with the provisions of a written plan approved by the City to provide for the retrieval of lost, stolen or abandoned shopping which have been removed from the premises of the retail establishment (the “cart retrieval plan”). The cart retrieval plan, at a minimum shall include the following elements:
.010 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 (i) 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 receive or will receive concerning the retrieval of lost, stolen or abandoned shopping carts, or (ii) 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 7.52.040, 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.
.020 Prompt Retrieval of 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 24 hours, and all bus stops within a minimum one mile radius of the retail establishment are patrolled not less often than every 12 hours, and each lost, stolen or abandoned shopping cart owner 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 7.52.040 and the approved cart retrieval plan.
.030 Monthly Reports. The owner shall provide, or cause to be provided by each cart retrieval service under contract with the owner, on or before the tenth day of each month, a written report to the Community Preservation Manager of the City specifying the number of lost, stolen or abandoned shopping carts retrieved by retrieval personnel during the preceding calendar month period.
.040 Daily Cart Confinement. All shopping carts located on the premises of the retail establishment (other than an establishment open for business 24 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 retrieval plan until the commencement of the next business day. All shopping carts located on the premises of any retail establishment open for business 24 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 retrieval plan at least once per calendar day between the hours of 9:00 p.m. and 12:00 midnight on each day the retail establishment is open for business. The provisions of this subsection .040 shall not apply to any shopping carts located within an enclosed building.
(Ord. 6013 § 1 (part); February 7, 2006.)