Every owner shall develop and implement a plan for the prevention of cart removal from the owner’s parking facility. The prevention plan must include the following elements and a detailed description of how they will be implemented.
(A) Notice to Customers. Written notification shall be provided to customers that removal of carts from the owner’s parking facility is prohibited and a violation of state and local law. This notice may be provided in the form of flyers, warnings on shopping bags, or any other form of written notification that will effectively notify customers of the prohibition.
(B) Signs. Signs shall be placed in pertinent places near door exits and near parking lot exits that warn customers that cart removal is prohibited and constitute a violation of state and local law.
(C) Physical Measures. One or more specific physical measures shall be implemented to prevent cart removal from the owner’s parking facility. The measure(s) shall be reviewed and approved by the Maintenance Services Department and may include, but are not limited to, the following (i) a disabling device on one or more wheels of all carts which is activated when the cart crosses a barrier at the perimeter of the owner’s parking facility; (ii) posting of a security guard to deter and stop customers who attempt to remove carts from the owner’s parking facility; (iii) bollards, chains or other physical barriers installed or placed at doors, around loading areas or around the owner’s parking facility to prevent cart removal; (iv) a physical barrier placed on the carts themselves so that the carts cannot pass through door openings or other defined perimeters; or (v) any other measures approved by the Maintenance Services Department which physically prevents shopping carts from crossing the perimeter of the owner’s parking facility. All carts shall be securely locked and stored at all times while the business is closed.
(D) Cart Retrieval Operations. The procedure by which the owner or qualified cart retrieval service will search, find and return carts removed from the owner’s parking facility. The cart retrieval operation must demonstrate that carts will be actively located within one mile of the business premises and respond to complaints from the public or notifications from city enforcement officer in a manner which results in the retrieval of carts within 24 hours of receiving the notification. An owner may contract with a vendor for cart retrieval services. If an owner contracts with a cart retrieval service, the contractor shall not place limits on daily loads or days per week to retrieve carts within the city. The owner shall provide written authorization to all retrieval personnel, which authorization shall be carried by each person while performing cart retrieval services on behalf of the owner and shall be provided to any enforcement officer upon request.
(E) Employee Training. The owner of the business establishment shall implement and maintain a periodic training program for its new and existing employees designed to educate such employees concerning the requirements of the prevention plan and the provision of state law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment.
(F) Evaluation Report. If a prevention plan was in place the previous year and if the owner has 20 or more carts and 20% or more of the owner’s carts are retrieved by the city within the previous year, a report shall be submitted to the city evaluating the measures that were used and approved in the prior calendar year and providing information on the changes that will be made to improve the prevention plan performance. The report shall include, but not be limited to, the inventory of carts owned/used by the business establishment and the number of carts that had to be replaced due to loss, theft or abandonment. An evaluation report shall be submitted within 30 days of notification by the city.
(Ord. 3279 § 3 (part), 2018.)