Frequently Asked Questions and Answers about

the San Jose Abandoned Cart Ordinance

 

When does the Ordinance go into effect?

 

The Ordinance goes into effect on March 23, 2001.

 

Why did San Jose develop an abandoned cart ordinance?

 

Abandoned carts are an issue of city-wide concern. Carts that are abandoned on public streets, sidewalks and parks cause hazards and obstructions to pedestrians and vehicular traffic. They can also create a blighted condition in the neighborhoods. The city department of streets and traffic recover as many as 1200 abandoned carts per month in the public right of way. Carts taken from stores that are not recovered require replacement with a loss to both the store and customer.

Does the Ordinance apply to my business?

 

Any store site with twenty-six or more carts is subject to the ordinance. Those with twenty-five or less carts are exempt.

 

My store has no carts or less then twenty-five, what do I need to do?

 

No additional action is required. Businesses with twenty-five or less carts are exempt.

 

My store has more then twenty-five carts, what do I need to do?

 

Each store that provides cart service of twenty-six or more carts is required to develop and submit a site specific Abandoned Cart Prevention Plan. To simplify this process, a copy of a blank prevention plan form and guidance document has been provided. Additional pages may be added as needed. A downloadable copy is also available on the Code Enforcement Web site at  www.sanjoseca.gov/codeEnforcement/

 

What is the purpose of the Plan?

 

The plan identifies how each site is going to manage their cart inventory to reduce cart abandonment. It requires education and outreach to the store customers, cart signage, employee awareness training and method of retrieval within twenty-four hours of notification by the City of San Jose.

 

When do I need to submit the completed plan to the City of San Jose?

 

All plans must be completed and returned to the City of San Jose postmarked no later then May 23, 2001. The plan identifies how each store intends to comply with the ordinance requirements. Once the plans are received, they will be reviewed to ensure they are complete. If the plans are incomplete or additional information is required, the City of San Jose will contact the store within 30 days.

 

When do I need to have all the plan provisions implemented?

 

All plan provisions must be implemented no later then June 27, 2001.

 

What will happen if I do not submit a plan or implement the plan provisions?

 

It is the goal of the City of San Jose to have all sites in compliance with the Abandoned Cart Ordinance and to provide assistance where possible. In the event a store fails to submit or implement the plan provisions it will be subject to enforcement. Enforcement includes Administrative Remedies Process that may result in penalties up to

 $ 2,500 per day per each day the violation is not corrected up to a maximum fine of $ 100,000.

 

How do I calculate the appropriate fee to submit with my plan?

 

Each store with an inventory of twenty-six to one-hundred carts, need to submit $ 200.00 with their prevention plan. Each Stores with one hundred or more carts need to submit $200.00 with their prevention plan.

 

Can my customers continue to take carts from the site?

 

People in possession of a properly identified cart off site require the written permission of the owner of the cart. If a store intends to allow customers to use the cart to transport goods to their home or apartment, they will need to provide written permission and to store the cart on their property out of public view. In a case of an apartment complex, the property owner or his designee would need to agree to provide storage on site for the cart. Abandoned carts abandoned belonging to the store on public right of way may subject the store to a violation. People in possession of a properly signed cart without permission may be subject to citation.

 

What alternatives do I have for my customers?

 

The City of San Jose has an agreement with the Northern California Grocers and California Grocers Associations to have their member stores provide foldable convenience  “granny” carts at cost for customers looking for an alternative. The list of participating stores is continuing to grow as more stores wish to participate. Updates of the list will be provided to city facilities on a regular basis to distribute to the public. The City of San Jose would like to add your location to the participation list. If you would like to provide convenience carts at cost, please check the Convenience Cart Voucher Program participation box to indicate on your Abandoned Cart Prevention Plan.

 

Can I receive an exemption?

 

For the first year of the program all stores are required to complete and submit a complete prevention plan, submit the appropriate fee and implement the provisions included in their Abandoned Cart Prevention Plan by  June 27, 2001. After June 27, 2001, stores may apply for an exemption form future plan fees if they have either a physical device or best management practice that prevents cart from leaving their site. Based on the effectiveness of the device or best management practice for a six month period will determine if the exemption is granted. It is the goal of the City to have as many businesses receive an exemption as possible.

 

 

Code Enforcement has a web site with additional information including a complete copy of the Ordinance for download. The site also contains copies of the Council Staff reports, presentation and other useful information. Our Web site is www.sanjoseca.gov/codeEnforcementa/