§ 15-16. Mandatory containment system and plan

It shall be unlawful for any person owning a retail establishment located in the city where fifteen (15) or more shopping carts are available for customer use not to install and maintain an effective containment system for shopping carts, as described herein, to contain all shopping carts within the property boundaries of the business or adjacent parking area.

(a) Containment plan.

(1) Existing businesses. Within sixty (60) days of the effective date of this article, the owner of every retail establishment in the city that utilizes fifteen (15) or more carts shall submit a written plan to the chief of code enforcement for review and approval, setting forth the physical measures it plans to implement to comply with the requirements of this article.

(2) New retail establishments. Every new retail establishment, and any existing retail establishment relocating to a different location in the city that, utilizes fifteen (15) or more shopping carts shall submit a written plan to the chief of code enforcement for review and approval setting forth the physical measures it plans to implement to comply with the requirements of this article.

(3) No business license shall be issued or renewed for any retail establishment, until it has a containment plan which has been approved by the city.

(4) Plans shall be submitted and reviewed for compliance in accordance with section 15-18

(b) Containment system. Owners of every retail establishment in the city that utilizes fifteen (15) or more shopping carts shall install, implement and maintain, one or more of the following physical measures to prevent the removal of shopping carts from their premises no later than December 18, 2009:

(1) Disabling devices on the wheels of every shopping cart owned by the retail establishment, or provided for use by its customers. The disabling device shall be activated when the shopping cart crosses a barrier at the perimeter of the premises; or

(2) Physical barriers located at doors, around loading areas or other defined perimeters of the retail establishment, that will prevent the passage of carts beyond the barriers. The barriers may also be placed on the carts themselves so that the carts cannot pass through door openings or other defined perimeters.

(c) Waiver. In lieu of installing an effective containment system, the owner of a retail establishment may obtain a waiver from the chief of code enforcement in satisfaction of this subdivision if the store maintains its own cart retrieval program that has been certified as effective by the chief of code enforcement. The chief of code enforcement will evaluate such programs according to a standard established by city council resolution in order to ensure that cart retrieval programs achieve the goals of this article.

(d) Containment/Retrieval pending installation of approved containment plan/system. Pending installation of an effective approved containment system as set forth in subsection (b) of this section or the granting of a waiver under subsection (c) of this section, the owner of a retail establishment with fifteen (15) or more shopping carts shall participate in the city's shopping cart nuisance abatement program, by executing a cost-sharing agreement with the city and by paying all fees owed under this program. Any owner of a retail establishment with fifteen (15) or more shopping carts who does not participate in the city's shopping cart nuisance abatement program pending installation of an effective and approved containment system pursuant to this article shall be subject to having its lost, stolen or abandoned carts impounded in accordance with section 15-22

(Ord. No. 09-8, § 1, 7-21-09 )