Except as otherwise expressly set forth herein, the following words and terms used in this chapter shall have the following meanings:
A. "Abandoned shopping cart" shall mean any cart that has been removed without written permission of the owner or on-duty manager from the premises of the business establishment, regardless of whether it has been left on either private or public property. Written permission shall be valid for a period not to exceed seventy-two (72) hours. This definition shall not apply to carts that are removed for purposes of repair or maintenance.
B. "Abandoned Cart Prevention Plan" shall mean a document required to be submitted by the responsible business owner, pursuant to this chapter.
C. "Agent" shall mean the person or persons designated by the owner authorized to perform or provide retrieval services on behalf of the owner. The agent may be the owner, store manager or employee of owner, or a private cart retrieval company.
D. "Business license" shall mean that license for operation of a retail establishment required under Title 5 of this code.
E. "Cart" or "shopping cart" shall mean a basket which is mounted on wheels or a similar device provided by a retail or commercial establishment for the use by a customer for the purpose of transporting goods of any kind.
F. "City" shall mean the City of Chico.
G. "Code" shall mean the City of Chico Municipal Code.
H. "Day" shall mean calendar day unless otherwise specified.
I. "Director" shall mean the city's director of community development or other employee designated by the director of community development or the city manager to enforce or carry out the provisions of this chapter.
J. "Identified Cart" shall mean a shopping cart that has a permanently affixed sign that identifies, in accordance with California Business and Professions Code section 22435.1, the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the owner's premises; notifies the public that the unauthorized removal of the cart from the cart owner's premises or owner's parking lot or the unauthorized possession of the cart, is a violation of State law; and lists a valid telephone number or address for returning the cart to the owner or retailer. If the owner operates more than one store, the sign shall identify the location of the store where the cart is used.
K. "Owner" shall mean any person or entity, who in connection with the conduct of a retail establishment, owns, leases, possesses, uses, or otherwise makes any cart available to customers or the public. For purposes of this chapter, "owner" shall also include the owner's on-site or designated agent that provides the carts for use by its customers.
L. "Parking lot" shall mean property provided by a retail establishment for use by a customer for parking an automobile or other vehicle. In a multi-store complex or shopping center, "parking lot" includes the entire parking area used by or controlled by the complex or center.
M. "Person" shall mean a natural person, firm, association, organization, partnership, business, trust, corporation, limited liability company, or other entity.
N. "Premises" shall mean the entire area owned or leased and utilized by the retail establishment that provides carts for use by customers, including any parking lot or other property provided by the owner for customer parking.
O. "Retail establishment" shall mean, with regard to carts, any business located in the City of Chico which offers or provides carts for use by customers of such business, regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store.
P. "Unidentified cart" shall mean a cart that is not an identified cart, as defined above.
(Ord. 2593 §1 (part))