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<br />SC~ <br /> <br />Attachment 1 <br /> <br />Details of the Ordinance <br /> <br />The guiding philosophy in the development of this ordinance has been to achieve the goal of <br />a cart-free City through adoption of an enforceable ordinance. Key features of the ordinance <br />include: <br /> <br />1) Signs required on shopping carts - Name of the cart owner or related business <br />establishment, notification that the unauthorized removal or possession of the cart is <br />a violation of law, a local telephone number (owned by the City) to report the location <br />of abandoned carts, an address to return the cart to its owner, and notice to the public <br />of a procedure to be used for authorized removal of the cart from the premises. <br /> <br />2) Mandatory Plan/ Evaluation Report - Every owner of carts is required to prepare a <br />plan to prevent removal of carts from their premises and to promptly retrieve carts. The <br />plan must be approved by the City. The contents of the plan shall include: a) Written <br />notice to inform customers of State and local law regarding cart theft, b) Signs to be <br />posted on or near doors and in the parking lot warning of State and City prohibitions <br />against cart removal, c) Physical Measures, such as disabling devices, security guards, <br />bollards and chains or security deposits to prevent removal of carts from store <br />premises, and d) Evaluation Report. <br /> <br />The plan to prevent cart removal and provide for retrieval of carts, including the <br />evaluation report, shall be submitted for approval by the City within 30 days of the <br />effective date of the ordinance and by July 1 each year thereafter. If an approved <br />prevention plan was in effect during the previous year, an evaluation report must be <br />submitted by July 1 of each year thereafter. If a new plan is submitted, the proposed <br />measures shall be implemented no later than thirty days after City approval is given. <br />If a proposed plan is the same as the previous year, the prevention measures shall be <br />continued until and unless the City indicates that a measure(s) needs to be modified. <br />Unless otherwise agreed, any modifications to the plan imposed by the City shall be <br />implemented within 30 days after City notification. Failure to comply shall be subject <br />to administrative penalties or prosecution punishable as a misdemeanor. The City is <br />authorized to require the placement of disabling devices on all carts ownedlleased <br />used by the business to prevent removal of carts from the business premises and <br />parking lots if an owner fails to submit a plan, implement an approved plan, or <br />implement any modifications to the plan required by the City within the time frames <br />specified within the ordinance. <br /> <br />Any owner that fails to submit an evaluation report as outlined in Section 14.122 of the <br />ordinance by July 1 st of each year or fails to place a disabling device on all carts, if <br />applicable, shall be subject to a $1,000 penalty. <br /> <br />3) Exemption through the City/Store Retrieval Service - Retailers who enter into an <br />agreement with the City for the citywide, City-sponsored cart retrieval program are <br />exempt from the requirement of preparing the plan described in (2) above. <br /> <br />.~_.... "-"'T .... <br />