The following definitions apply for the purposes of this chapter:
"Abandoned cart" shall mean any cart that has been removed, without the written consent of the owner, from the owner's business premises or parking area of the retail establishment on which the cart owner's business premises are located and is located on either public or private property.
"Business premises" means the interior of a cart owner's commercial establishment, adjacent walkways, any loading area, and the parking area, as defined herein. The owner's business premises may include a multi-store shopping center with shared areas of parking and public access.
"Cart identification sign" means a sign or engraved surface which is permanently affixed to a shopping cart containing all of the information specified in Section 8.70.040.
"Cart owner" means the owner or operator of a commercial establishment which provides carts for use by its customers for the purpose of transporting goods of any kind.
"Cart removal warning" means a placard, sign or painted text which meets the requirements specified in Section 8.70.040.
"Cart retrieval service" means a third party commercial service in the business of retrieving and returning shopping carts.
"Enforcement Officer" means any officer or employee of the city designated with the authority to enforce the applicable provisions of the City of Visalia Municipal Code.
"Individual cart identification number" means a number unique to each cart owned or provided by a cart owner.
"On-site cart containment program" means one or more of the following measures:
1. Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts.
2. An on-site security guard to deter customers who attempt to remove carts from the business premises.
3. Bollards and chains around the business premises to prevent cart removal, if permitted by the applicable zoning and the site plan, and if approved by the fire marshal.
4. Obtaining a security deposit from customers for the on-site use of shopping carts.
5. The rental or sale of carts that can be temporarily or permanently used for the transport of goods.
6. Any other measure approved by Community Development as a means to contain carts on the premises.
"Parking area" means a parking lot or other property provided by a commercial establishment for use by a customer for parking an automobile or other vehicle. In a multi-store complex or shopping center, "parking area" includes the entire parking area used by or controlled by the complex or center.
"Physical containment system" means one of the following, as approved by the Director of Planning and Development Services:
1. Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts.
2. Any other system of equipment approved by the Community Development Director or designee which physically contains shopping carts on the premises.
"Shopping cart" or "cart" means a basket which is mounted on wheels or a similar device provided by the operator of a commercial establishment for the use of customers for the purpose of transporting goods of any kind. A cart sold by a commercial establishment to a retail customer for that customer's personal use is not a shopping cart for the purposes of this chapter. (Ord. 2013-05, 2013)