(A) No shopping cart owner shall commence, conduct or continue business operations without having implemented a city-approved cart containment and retrieval plan to prevent the unauthorized removal of such carts from store premises, and, if removed, to retrieve such carts within 24 hours of the removal, or notice of removal.
(B) A proposed cart containment and retrieval plan shall be submitted in writing, on a city-approved form, and shall include the following:
(1) Owner/business information: Information about the shopping cart owner and business establishment, including the name of the business owner; the name of the business establishment; the physical address of the store premises; the name, address and telephone number of each on-site or off-site owner or manager.
(2) Cart inventory: A complete inventory of all shopping carts maintained on or in the store premises.
(3) Cart identification: A description of the identification sign to be affixed to each shopping cart on the store premises. The identification must, at a minimum, contain the information set forth in § 8.13.080 of this chapter.
(4) Store premises signage: A description of the signage to be posted on the store premises, including sign and typeface size, sign text, and posting locations. Signage must, at a minimum, conform to the requirements set forth in § 8.13.090 of this chapter.
(5) Mandatory cart retrieval: Evidence of a contract with a cart retrieval service employed to retrieve shopping carts which have been removed from their store premises within 24 hours of the removal, or notice of removal.
(6) Containment methods: A detailed description of all methods the shopping cart owner shall implement to prevent removal of carts from the store premises. These methods may include, but are not limited to, those set forth in § 8.13.110 of this chapter.
(7) Community outreach: A description of the community outreach process under which the shopping cart owner shall cause notice to be provided to customers that the removal of carts from the store premises is prohibited and a violation of state and municipal law. This process may include, but is not limited to, flyers distributed on the store premises, warnings on shopping bags, signs posted in prominent places near store and parking lot exits, direct mail, announcements using intercom systems on the store premises, or other means demonstrated to be effective. Any posting of signs shall comply with applicable provisions of Title 17 of this code.
(8) Employee training: A description of an employee training program that shall be implemented by the shopping cart owner at least once a year to educate new and existing employees on the cart containment and retrieval plan.
(C) No proposed cart containment and retrieval plan shall be accepted unless accompanied by payment of a fee, established by resolution of City Council, pursuant to Chapter 2.56 of this code.
(D) Notwithstanding any other provisions of this chapter, shopping cart owners engaging in business in the city on the effective date of this chapter shall submit evidence of a contract with a cart retrieval service, pursuant to division (B)(5) of this section, within three months from the effective date of this chapter, and shall submit the complete cart containment and retrieval plan within six months from the effective date of this chapter.
(E) It shall be the responsibility of a shopping cart owner to implement and continuously maintain all provisions and measures of the city-approved cart containment and retrieval plan at all times he or she is engaging in business in the city.
(Ord. 2010-11 § 2 (part), 2010)