(A) Existing Owners. The proposed prevention plan for preventing cart removal shall be submitted for approval to the Maintenance Services Division within 30 days of receiving notice from the city that such a plan is required pursuant to this chapter.
(B) New Businesses, New Construction, and Change in Ownership. All new construction projects that will accommodate businesses providing more than ten carts shall install disabling device equipment on all carts. If a new business begins conducting business in the city and provides carts to its customers, the new owner shall notify the Maintenance Service Division within 30 days of opening the business to the public and submit a new prevention plan. If an existing business changes ownership, the new owner shall notify the Maintenance Services Division within 30 days of the change and submit a new prevention plan or agree to adopt the existing prevention plan on file with the city for that business. All businesses subject to this paragraph shall submit a proposed prevention plan and obtain city approval prior to providing any shopping carts to its customers. For prevention plans which include contracting for retrieval services as a component of the plan, the contract for such service must be in place prior to approval of the plan.
(C) Approval. Within 30 days of receipt of the prevention plan, the city shall notify the owner whether the prevention plan is approved or not. If the plan is not approved, the notice shall state the reason(s) for denial and provide recommendations to the owner to ensure plan approval. The owner shall submit a new prevention plan within 15 days of receiving the notice. Once a prevention plan is approved, the proposed measures shall be implemented no later than 30 days after city approval is given. If an evaluation report is submitted, the prevention measures shall be continued unless and until the city indicates that one or more measures need to be modified. Unless otherwise agreed, any modifications to the prevention plan imposed by the city shall be implemented within 30 days after the city notifies the owner of the needed modifications.
(D) Revocation. If an owner has more than 20 carts and if more than 25% of an owner’s carts are retrieved by the city within a six-month period, the owner’s prevention plan may be revoked upon notification by the city and the owner will be required to submit a new prevention plan to the Maintenance Services Division within 15 days of receiving notice of the revocation. Any owner failing to implement the new prevention plan within 30 days of approval, shall be subject to penalties under this chapter.
(E) Multiple Revocations. In the event that an owner’s prevention plan is revoked three times within a four-year period, the owner shall be required to place disabling devices on all carts used by the business to prevent removal of carts from the owner’s parking facilities, if such disabling devices are not already in use. If disabling devices are already in use, owner shall be required to show proof of proper maintenance and repairs ensuring the disabling devices on all carts are in proper working order. Any subsequent prevention plans submitted shall include the implementation of a maintenance plan for all disabling devices.
(Ord. 3279 § 3 (part), 2018.)