(A) Except as otherwise provided, it shall be unlawful for owners or operators of any establishment that provides ten or more carts to provide or offer, or permit to be offered, any shopping carts to customers of the retail establishment without an approved mandatory cart containment system meeting one or all of the following criteria:
(1) Installation of disabling devices on all carts, which are activated when they cross a barrier at the entrance/exit to the business structure or the perimeter of the premises. If the cart provider’s containment system is found to be ineffective by city staff the cart provider will be required to modify the existing system or implement a new containment system within 30 days of said finding. Cart providers may not lose more than three carts a day to be considered effective.
(2) Installation of the physical containment system required shall be completed prior to the issuance of a business license to any cart provider for any business opened after the effective date of this chapter.
(3) For each cart provider whose business is legally in operation before the effective date of this chapter, a six-month implementation period will be provided to allow the cart provider time to evaluate its own rates of cart loss and to secure and install an effective containment system. Any such cart provider who has not installed a physical containment system at the conclusion of the six-month period from the effective date of this chapter shall be in violation of the San Gabriel Municipal Code. An extension may be given at the discretion of the city’s Development Services Director or his or her designee.
(B) It shall be unlawful for the owner of any retail establishment to provide or offer, or permit to be provided or offered, to customers of the retail establishment any shopping cart which does not have a sign permanently affixed thereto containing all of the information required by Cal. Bus. & Prof. Code § 22435.1.
(Ord. 584-C.S., passed 6-1-10) Penalty, see § 126.99