Loading...
These Sections require business establishments utilizing shopping carts or similar devices and having more than 20 shopping carts on-site to install and maintain a system to retain the shopping carts within the property boundaries of the business establishment. The Commissioner of the Inspectional Services Department, in accordance with the powers and duties delineated in Subsection 9-9.1, is authorized to implement and enforce these Sections, and the Commissioner of the Public Works Department, in accordance with the powers and duties delineated in Subsection 11-6.1, is authorized to implement and enforce these Sections.
(CBC 1985 16-12.8A.1; Ord. 2003 c. 24)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS ESTABLISHMENT. Includes, but is not limited to, a grocery store, supermarket, drugstore, pharmacy, dry goods store, department store, discount store, variety store or other retail establishment which supplies 20 or more shopping carts for the use of its customers.
COMMISSIONER OF INSPECTIONAL SERVICES. The Commissioner of the Inspectional Services Department, or his or her designee or Agent.
COMMISSIONER OF PUBLIC WORKS. The Commissioner of the Public Works Department or his or her designee or Agent.
ISD. The Inspectional Services Department or its successor.
OWNER. The owner of a business establishment if it is owner-operated or the manager of a business establishment if it is not owner-operated.
PARKING LOT. Any parcel of land owned, leased or otherwise under the direction and control of the owner and used for parking motor vehicles related to the daily operations of the business establishment and shall include the areas of ingress and egress.
PERMANENT IDENTITY TAG. A tag, label, plate or other form of identification that is affixed to a shopping cart and is designed to be removed/removable only by the business establishment. The PERMANENT IDENTITY TAG shall state the name of the business establishment, the address of the business establishment and the telephone number of the business establishment. The name, address and telephone number on the PERMANENT IDENTITY TAG shall be of the neighborhood business establishment rather than a state, regional or national headquarters, except that business establishments using a total of more than 350 shopping carts at more than two locations within the city may place a central telephone number on the permanent identity tag as long as that telephone number is within the 617 area code.
PWD. The Public Works Department or its successor.
SHOPPING CART or CART. Includes, but is not limited to, that type of mobile vehicle used for transportation and portage by human propulsion of goods or merchandise in and about markets, stores, shops, shopping centers, malls and other business establishments.
(CBC 1985 16-12.8A.2; Ord. 2003 c. 24)
(A) Each and every shopping cart utilized by a business establishment shall have affixed thereto a permanent identity tag. A first violation of this Section shall be subject to a warning, and each subsequent violation of this Section shall be subject to a fine of $20. Each cart not in compliance with this Subsection shall be considered a separate violation.
(B) Each and every business establishments shall implement and maintain a system to retain all shopping carts within the property boundaries of the business establishment including its parking lot. The business establishment shall provide signage in a conspicuous location on the premises which clearly notifies shopping cart users of the specific retention system in place and how the retention system operates.
(C) Each method included in this Subsection shall be considered to be an example of an on-site retention method complying with these Sections. If the business establishment has a method for retention that is not delineated as an example herein, then an owner may submit a plan to the Commissioner of Inspectional Services that satisfies the intent of these Sections to retain shopping carts on the premises of the business establishment and/or its parking lot or to ensure the immediate retrieval of shopping carts outside of the business establishment and/or its parking lot; no plan submitted by an owner to the Commissioner of Inspectional Services shall be valid until approved in writing by the Commissioner of Inspectional Services. Examples of methods and/or plans are as follows:
(1) A physical barrier, such as bollards, restricting shopping carts to a portion of the exterior of the business establishment, but physical barriers shall not interfere with fire lanes, handicap access or similar building features;
(2) A protruding vertical arm, or other similar or similarly-functioning device, attached to the cart which prevents the cart from being removed from the interior of the business establishment;
(3) A system, which may be mechanical in nature, requiring the cart user to remit collateral, including, but not limited to, a returnable monetary deposit to use a shopping cart; the collateral shall be reasonable in scope and shall not unreasonably deter the use of the cart but instead encourages the user’s return of the cart; the collateral shall be returned to the user upon the user’s return of the cart;
(4) A wheel-locking mechanism installed on the cart that is commonly used in conjunction with an electronic barrier along the perimeter of a business establishment and which mechanism is activated upon the cart’s approach or passing through the electronic barrier;
(5) An attendant or attendants whose sole responsibility is to manage and/or return the business establishment’s shopping carts from the exterior premises of the business establishment and areas immediately adjacent thereto to the interior premises of the business establishment or another exterior area of the business establishment dedicated to the containment of shopping carts; and
(6) Other similar methods or plans submitted by an owner for the approval of the Commissioner of Inspectional Services which would satisfy the intent of these Sections to retain shopping carts on the premises of the business establishment and/or its parking lot or to ensure the immediate retrieval of shopping carts outside of the business establishment and/or its parking lot.
(D) No business establishment shall allow shopping carts to congregate or “stack up” in such a manner as to impede ingress to or egress from the business establishment or any public or private way adjacent to the business establishment.
(E) Prior to the close of each business day, every business establishment shall collect and secure its shopping carts on its premises, including its parking lot. This action shall be commenced no sooner than 15 minutes prior to the close of each business day.
(CBC 1985 16-8A.3; Ord. 2003 c. 24)
Loading...