(A) Every owner must prepare, implement, and submit by April 5, 2004, a specific written plan to prevent customers from removing shopping carts from the owner's premises and to retrieve shopping carts that were removed from the premises. Plans may include the following elements and are subject to the specified approvals below:
(1) Notice to customers. Written notice may be provided to customers that removing shopping carts from the premises is unlawful. The notice must be provided in both English and Spanish.
(2) Signs. Signs may be placed in appropriate places near customer exits and near parking area exits to inform customers that shopping cart removal is unlawful.
(3) Preventive measures. Specific physical measures may be implemented to prevent removal of shopping carts from the owner's premises. These measures may include, without limitation, devices on shopping carts that automatically disable them if they are removed from the premises; employing personnel to advise and deter customers from removing shopping carts; installing obstacles to prevent shopping cart removal; collecting security deposits for use of shopping carts; renting or selling shopping carts to customers; and similar or like measures.
(4) Retrieval measures. Specific measures may be implemented to retrieve shopping carts that are removed from the owner's premises. The measures may include, without limitation, employment of personnel or contractors to retrieve shopping carts.
(B) Every plan submitted is subject for the City Manager's reasonable approval. In the event a plan demonstrates problems for implementation or is otherwise flawed, the City Manager will notify the owner to submit a revised plan to the City Manager within 30 days. The City Manager may also require an evaluation report detailing the measures used during the prior year to prevent shopping carts from being removed from the owner's premises and measures used to retrieve the shopping carts. The report may also include an inventory of shopping carts owned or used by the owner, the number of shopping carts which were retrieved after removal from the owner's premises during the previous 12 months, and the number of shopping carts replaced due to loss, theft or abandonment during the previous 12 months.
(C) Whenever an owner makes revisions to a plan, the revised plan must be submitted to the City Manager for approval.
(D) Violation of this section constitutes an infraction.
(Ord. 1094, passed 2-17-04) Penalty, see § 100.99