(a) Every owner of a business establishment that provides shopping carts for the use of its customers who is subject to the provisions of this section shall develop and implement a specific plan to prevent customers from removing carts from the business premises. The plan shall include the following elements:
(1) Signage. Signage posted in a conspicuous area providing notice to customers that the removal of carts from the business establishment's premises is prohibited and a violation of state and local law at the business.
(2) Physical Measures. The owner shall implement at least one specific physical measure to prevent cart removal from the business premises. Optional physical measures include, but are not limited to, the following:
A. Installing disabling devices on all carts;
B. Requiring a security deposit for use of all carts.
C. Posting a security guard to prevent customers from removing carts from the business premises; or
D. Utilizing employees of the store or contractors to regularly on not less than a daily basis police the business premises parking lot and immediately adjacent sidewalks, streets or properties, and collect all stray carts.
(b) Any owner who is subject to the provisions of this section who fails to comply with any of the above requirements, shall be subject to civil administrative sanctions as follows:
(1) Upon first notice from the City for failure to comply, a written warning;
(2) Upon failure to comply with the first written warning within 30 days, an administrative fine of $50.00 and an order to comply within 30 days;
(3) Upon failure to comply with the second warning notice within 30 days, an administrative fine of $100.00 and an order to comply within 30 days; and
(4) For continuing failure to comply, continuing administrative fines of $100.00 per month every 30 days thereafter until compliance is achieved.
(c) The provisions of this section shall be advisory only to all business owners unless and until (1) a business owner is identified as contributing to the nuisance conditions described in this Chapter by three or more occurrences of shopping carts being removed and abandoned on public streets and private property; and (2) upon written notice from the Director of Public Safety to the owner that the requirements of this section are now applicable and shall be enforced against such business owner. (Ord. 45-2018. Passed 3-5-18.)