The text
Footnotes:
--- (1) --- Cross reference— Miscellaneous license fees, § 18-2; maintenance of areas around business premises, § 22-78; maintenance of commercial and industrial buildings, § 26-451 et seq.; junk dealers, ch. 32; laundries and dry cleaning, ch. 34; massage parlors, ch. 38; restrictions on slaughtering cattle or other animals and curing hides, § 40-15; peddlers and hawkers, ch. 46; placing merchandise on street or sidewalk, § 70-8; solicitation on roadway prohibited, § 76-61.
ARTICLE I. - IN GENERAL#
Sec. 10-1. - Operation between midnight and 5:00 a.m.—Purpose.#
This chapter is enacted for the purpose of providing necessary regulation and control over the hours of business operation to ensure that the operation of such business does not harm the peace and tranquility of citizens of the city.
(Code 1971, § 4½-1)
Sec. 10-2. - Same—License required.#
No person, firm, partnership or corporation shall operate a retail business in the city between the hours of midnight and 5:00 a.m. without a license first having been issued for such operation by the board of public safety.
(Code 1971, § 4½-2)
Sec. 10-3. - Same—Application for license; issuance.#
An application for a license for permission to operate a business between the hours of midnight and 5:00 a.m. shall be in writing, signed by the business owner, and shall be accompanied by a statement describing the business, a description of the size and location of the property and the proposed hours of operation, and such further information required by the board of public safety. Upon receipt of said application, the board of public safety shall make such inspection and investigation as it considers reasonably required to ensure that the health, safety, welfare, peace and tranquility of the public will not be adversely affected and shall docket the application for hearing within 30 days of receipt. At the expense of the applicant, written notice of the date, time and place of the hearing shall be sent by the applicant at least ten days prior to the hearing by certified mail, return receipt to all property owners within a 200 foot radius of the property for which the license is sought. The board of public safety may fix such conditions to the license as it deems reasonably required for the protection of the public. This chapter shall not apply to liquor license applications.
(Code 1971, § 4½-3; Ord. No. O-00-15, § I, 4-18-00)
Sec. 10-4. - Same—License fee.#
The board of public safety shall require a fee as provided in chapter 18 for the issuance of such license.
(Code 1971, § 4½-4)
Sec. 10-5. - Same—Penalty.#
Any firm, person, partnership, or corporation, or the owner, operator, or employee thereof, violating any provision of this chapter or any condition or requirement of the license issued by the board of public safety shall be subject to punishment as provided in section 1-4. Each day any violation shall occur shall constitute a separate offense.
(Code 1971, § 4½-6)
Sec. 10-6. - Nudity on premises where alcoholic beverages are offered for sale.#
(a)
It shall be unlawful for any person or entity holding a liquor license in the city to suffer or permit any person, while on the premises of the liquor license holder, to:
(1)
Expose to the public view that area of the human breast at or below the areola thereof.
(2)
Employ any device or covering which is intended to give the appearance of or simulate such portions of the human breast as described in subsection (a)(1) above.
(3)
Expose to public view his or her genitals, pubic area, anus, or anal cleft.
(4)
Employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, anus, or anal cleft.
(b)
It shall be unlawful for any person, while on the premises of a liquor license holder, located within the city, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view that area of the human breast at or below the areola thereof, or to employ any device or covering which is intended to give the appearance of or simulate such areas of the breast as described herein.
(c)
It shall be unlawful for any person, while on the premises of a liquor license holder, located within the city, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view his or her genitals, pubic area, anus, or anal cleft, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, anus, or anal cleft.
(d)
Any person who shall violate any provision of this section shall be guilty of an offense against the city, punishable as provided in section 10-5 of this Code.
(Ord. No. 0-96-9, § I, 2-12-96)
Sec. 10-7. - Alcohol server training certification for alcohol serving licensees.#
(a)
This section shall apply to holders of all types of liquor licenses whether alcohol served on the premises of the licensee or it is sold for consumption away from the premises of the licensee.
(b)
All management of the licensee and all persons who sell or serve alcoholic beverages and anyone serving in a supervisory capacity over those who sell or serve alcoholic beverages and anyone whose job description entails the checking of identification for the purchase of alcoholic beverages, as well as, valet parking staff, shall be required to attend an alcohol server training program approved by the department of business regulation prior to commencement of serving or selling alcoholic beverages and must attend the program every 36 months thereafter.
(c)
The licensee must provide certifications of attendance for all the persons described herein to the licensing division of the board of public safety 60 days after the date on which the ordinance became law for employees working at that time or within 60 days after hiring a person for a position described herein. Copies of the certifications shall be maintained on the premises of the licensee and be available for inspection at any time by officers of the police department.
(Ord. No. O-10-1, § I, 1-12-10)
Sec. 10-8. - Prohibition of the sale of gasoline products to unregistered off-road recreation vehicle(s) or snowmobile(s).#
It shall be unlawful for gasoline filling stations to sell gasoline and gasoline products to an owner or operator of off-road recreational vehicle(s) or snowmobile(s) known to the seller to be unregistered.
(Ord. No. O-22-19, § I, 11-23-22)
Secs. 10-9, 10-10. - Reserved.#
ARTICLE II. - LATE NIGHT DANCES#
Sec. 10-11. - Purpose.#
This article is enacted for the purpose of providing necessary regulations for the holding of late-night dances within a building in the city.
(Ord. No. O-00-1, § I, 1-13-00)
Sec. 10-12. - License required.#
No person, firm, partnership or corporation shall sponsor, organize or otherwise hold a dance within a building in the city after the hour of 2:00 a.m. without a license first having been granted for such dance by the board of public safety.
(Ord. No. O-00-1, § I, 1-13-00)
Sec. 10-13. - Same—Application for license; issuance.#
An application for a license for permission to sponsor, organize or otherwise hold a dance within a building in the city that will run past 2:00 a.m. shall be in writing signed by the sponsor or organizer, and shall be accompanied by a statement describing the nature of said dance, estimated number of attendees, whether there will be live or recorded music, and such further information as may be required by the board of public safety. The board of public safety may fix such conditions to the license as it deems reasonably required for the protection of the public.
(Ord. No. O-00-1, § I, 1-13-00)
Sec. 10-14. - Same—Police detail.#
The board of public safety shall have discretion to require that any applicant for a license under the provisions of this article must employ uniform members of the city police department for special detail at said dance. The board of public safety may direct the applicant to hire additional police officers as the board may deem necessary for the protection of the public.
(Ord. No. O-00-1, § I, 1-13-00; Ord. No. O-00-27, § I, 8-8-00)
Sec. 10-15. - Same—License fee.#
The board of public safety shall require a fee as provided in chapter 18 for the issuance of such license.
(Ord. No. O-00-1, § I, 1-13-00)
Sec. 10-16. - Same—Penalty.#
Any firm, person or partnership or corporation, or the owner, operator, or employee thereof violating any provision of this chapter or any condition or requirement of the license issued by the board of public safety shall be subject to punishment as provided by section 1-4. Each day any violation shall occur shall constitute a separate offense.
(Ord. No. O-00-1, § I, 1-13-00)
Secs. 10-17—10-20. - Reserved.#
ARTICLE III. - TOBACCO DEALER'S LICENSE#
Sec. 10-21. - Findings.#
(a)
Cigarette smoking is dangerous to human health.
(b)
There exists scientific evidence that the use of tobacco products causes cancer, heart disease, and other medical disorders.
(c)
The surgeon general of the United States of America has declared that nicotine addiction from tobacco is the most widespread example of drug addiction in this country.
(d)
The National Institute on Drug Abuse concluded that the majority of the three hundred and twenty thousand Americans who die each year from cigarette smoking became addicted to nicotine as adolescents.
(e)
The National Institute on Drug Abuse found that cigarette smoking precedes and may be predictive of adolescent drug use.
(f)
The Rhode Island General Assembly in 1996 declared that the use of tobacco by state children is a health and substance abuse problem of the utmost severity.
(g)
State tobacco retailers illegally sell over 900,000 packs and over $2.5 million in tobacco sales to children annually, which equals 2,500 packs a day.
(h)
According to the Federal Centers for Disease Control and Prevention (CDC), smoking-related direct medical cost in the state in 1990 climbed to $186,000,000.00. This is a health and economic drain created by each new generation of children who begin using tobacco products and become addicted to nicotine.
(i)
The state department of health reports that the city was found to have a violation rate of 39 percent of all compliance checks of tobacco sales to minors. This rate being 70 percent higher than the state rate of 23 percent.
(j)
To improve the compliance rate among retailers in the city and inform unsuspecting parents of minor children who smoke, a program monitored by the city is required.
(Ord. No. O-00-17, § I, 5-11-00; Ord. No. O-00-25, 7-11-00)
Sec. 10-22. - Definitions.#
Advertising violation means any advertising of tobacco products which is on the outside of a place of business within one- half mile of any high school, junior high school, elementary school, nursery school, playground, or other youth recreational area located within the city.
Compliance check violation means any sale of tobacco products to and/or by a person who is less than 18 years of age.
Licensing offense means each and every time a compliance check violation or an advertising violation occurs.
Tobacco products means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
Vending machine means any mechanical, electric or electronic self service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.
(Ord. No. O-00-17, § I, 5-11-00; Ord. No. O-00-25, § I, 7-11-00)
Sec. 10-23. - License required.#
It shall be unlawful to sell or offer for sale at retail, to give away, deliver or to keep with the intention of selling at retail, giving away or delivering tobacco products within the city without having first obtained a tobacco dealer's license pursuant to this article. Such license shall be in addition to any other license required by state and/or federal law. Failure to obtain a license shall result in a fine of $250.00.
(Ord. No. O-00-17, § I, 5-11-00; Ord. No. O-00-25, § I, 7-11-00)
Sec. 10-24. - License application.#
Application for a license hereunder shall be made in writing to the board of public safety of the city.
Application for a license hereunder shall be granted for a term of three years. Licenses shall expire in the month of February and shall not be issued for a term longer than 36 months. All retailers holding a valid state license shall receive approval from the board for this license and no fee shall be required. Any individual, corporation, partnership, or other organization which had a previous license suspended or revoked by the city shall only be issued a new license after a full hearing and a majority vote in the affirmative of the board of public safety.
(Ord. No. O-00-17, § I, 5-11-00; Ord. No. O-00-25, § I, 7-11-00)
Sec. 10-25. - Prohibitions applicable to license holders and their employees and agents.#
(a)
A person that holds a license issued under this article, or an employee or agent of that person, is prohibited from selling, distributing or delivering any tobacco product to any individual that is under 18 years of age whether said tobacco product is sold to the individual in person or via a vending machine.
(b)
A person that holds a license issued under this article, or an employee or agent of that person, is prohibited from posting or displaying any means of advertising of tobacco products as defined in subsection 10-22 of this article.
(Ord. No. O-00-25, § I, 7-11-00)
Sec. 10-26. - Suspension or revocation of license; fines and costs.#
The city police department shall enforce this article. All holders of a tobacco dealer's license shall be subject to a compliance check at least twice a year, with violators being checked more frequently until two checks are completed without a violation.
If an alleged violation occurs, the city police department shall issue a citation that will require the holder of the tobacco dealer's license to appear in the city municipal court. If after a hearing, it has been proven by a preponderance of the evidence that a violation is found to have occurred, the city municipal court will impose a fine of $300.00 for the first licensing offense, $300.00 for the second licensing offense, $300.00 for the third licensing offense together with a 15 day suspension of the tobacco dealer's license, $300.00 together with a minimum 30 days, not to exceed 90 days, suspension of the tobacco dealer's license for the forth licensing offense, and $300.00 together with a minimum 60 days, not to exceed 120 days, suspension of the tobacco dealer's license for the fifth licensing offense. For the sixth licensing offense, the tobacco dealer's license shall be revoked. If a holder of a tobacco dealer's license maintains the tobacco dealer's license for 48 consecutive months without a violation, any new violation will be treated as the first offense. In addition to all fines, the city municipal court will impose court costs.
(Ord. No. O-00-17, § I, 5-11-00; Ord. No. O-00-25, § I, 7-11-00)
Sec. 10-27. - Use of premise during license suspension.#
During the period of any suspension of tobacco dealer's license, the holder of the suspended license shall remove all tobacco products from the shelves and secure them in a locked area for the duration of the suspension. If at any time during the suspension period, the license holder is found to be selling tobacco products, the license shall be revoked.
(Ord. No. O-00-17, § I, 5-11-00; Ord. No. O-00-25, § I, 7-11-00)
Sec. 10-28. - Vending machines.#
Businesses which have vending machines shall be subject to the same fines and penalties as described in section 10-26 of this article. Suspension of a tobacco dealer's license shall result in the vending machine being removed from the licensed location for the suspension period. Revocation will result in the permanent removal of the vending machine from the licensed location.
(Ord. No. O-00-17, § I, 5-11-00; Ord. No. O-00-25, § I, 7-11-00)
Secs. 10-29, 10-30. - Reserved.#
ARTICLE IV. - PERMANENT MAKE-UP LICENSE#
Sec. 10-31. - Purpose.#
This article is enacted for the purpose of providing necessary regulations for a license by a hair salon to apply permanent make-up.
(Ord. No. O-03-24, § I, 11-12-03)
Sec. 10-32. - License required.#
No person, firm, partnership, corporation or other entity shall provide or offer to people the service of permanent make-up, as such is defined by the Rhode Island Department of Health Regulations, without a license first having been granted for such service by the board of public safety.
(Ord. No. O-03-24, § I, 11-12-03)
Sec. 10-33. - Same—Application for license; issuance.#
An application for a license to apply permanent make-up shall be in writing signed by the business owner of the hair salon on a form prescribed by the board of public safety. Pursuant to Rhode Island Department of Health Regulations, as a condition of obtaining and maintaining such a license, the applicant must have on staff a person or persons licensed as a tattoo artist by the Rhode Island Department of Health who will be the only person(s) authorized to apply the permanent make-up. The board of public safety may fix such conditions to the license as it deems reasonably required for the protection of the public.
(Ord. No. O-03-24, § I, 11-12-03)
Sec. 10-34. - Same—License fee.#
The board of public safety shall require a fee as provided in chapter 18 for the issuance of such license.
(Ord. No. O-03-24, § I, 11-12-03)
Sec. 10-35. - Same—Penalty.#
Any firm, person or partnership, corporation or other entity, or the owner, operator, or employee thereof violating any provision of this chapter or any condition or requirement of the license issued by the board of public safety shall be subject to punishment as provided by section 1-4. Each day any violation shall occur shall constitute a separate offense.
(Ord. No. O-03-24, § I, 11-12-03)
ARTICLE V. - FORECLOSURE OF OWNER-OCCUPIED HOMES#
Sec. 10-36. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Good faith means that the mediation coordinator determines that the mortgagor and mortgagee deal honestly and fairly with each other and the mediation coordinator in an effort determine whether an alternative to foreclosure is economically feasible for the mortgagor and mortgagee, as evidenced by some or all of the following factors: (1)
Mortgagee provided notice as required by this article;
(2)
Mortgagee designated an agent to participate in the mediation conference on its behalf, and with the authority to agree to a work-out agreement on its behalf;
(3)
Mortgagee made reasonable efforts to respond in a timely manner to requests for information from the mediation coordinator, mortgagor, or counselor assisting the mortgagor;
(4)
Mortgagee declines to offer the mortgagor an eligible work-out proposal, and the mortgagee provided a detailed statement, in writing, of its reasons for rejecting the proposal;
(5)
Whether the mortgagee offers the mortgagor a work-out proposal that the mediation coordinator determines would result in net financial benefit to the mortgagor as compared to the terms of the mortgage, and/or is affordable to the mortgagor.
HUD means the United States Department of Housing and Urban Development.
Mortgagor means an individual who owns and resides in residential property located in the City of Warwick which is subject to a mortgage securing funds advanced by a mortgagee.
Mortgagee means the holder of a mortgage recorded in the land evidence records of the city, including a mortgage servicer acting on behalf of a mortgagee.
Mediation coordinator means an individual employed by a Rhode Island based HUD-approved independent counseling agency certified by the city to serve as an unbiased, impartial and independent coordinator of the mediation conference, with no authority to impose a solution or otherwise act as a consumer advocate.
Mediation conference means a conference involving the mortgagee and mortgagor coordinated and facilitated by a mediation coordinator whose purpose is to determine whether an alternative to foreclosure is economically feasible to both the mortgagee and the mortgagor, and if it is determined that an alternative to foreclosure is economically feasible, to facilitate a loan workout or other solution in an effort to avoid foreclosure.
Residential property means real property located within the City of Warwick that is (i) a single-family dwelling, (ii) a structure containing not more than four residential units, (iii) a residential condominium unit or (iv) a residential co-op unit and which is occupied as a mortgagor's principal residence. Property deemed abandoned or under order for demolition by the city's building department as a result of fire or other calamity is not considered owner-occupied for the purpose of this article.
Rules and regulations means any rules adopted by the city necessary for the proper enforcement of this article to interpret and secure its intent.
The city means the City of Warwick.
The parties means the mortgagor and the mortgagee.
(Ord. No. O-10-5, § I, 4-26-10; Ord. No. O-18-11, § I, 7-20-18)
Sec. 10-37. - Statement of policy.#
It is hereby declared that residential mortgage foreclosures, caused in part by an underperforming economy, unemployment and underemployment, rising interest rates, and properties with negative equity, have negatively impacted a substantial number of mortgagors in the city, creating a foreclosure crisis which endangers the economic stability of the city and the health and safety of its citizens. The prevalence of foreclosures leads to increases in unoccupied and unattended buildings in the city and give impetus to the continuation, extension and aggravation of urban blight and decay. More importantly, foreclosures cause the unnecessary and unwanted displacement of a considerable number of homeowners and tenants who desire to live and work in the city.
(Ord. No. O-10-5, § I, 4-26-10; Ord. No. O-18-11, § I, 7-20-18)
Sec. 10-38. - Purpose.#
The city's purpose in sections 10-36 through 10-40, inclusive, is to protect the public health, safety and welfare by providing early, HUD-approved independent counseling agency-supervised intervention in residential owner-occupied mortgage foreclosure cases which will assure timely determination of eligibility under various federal, state and local programs established to facilitate loan workout and other solutions to permit residential homeowners, where possible, to retain their properties and permit lenders to move forward to auction/sale of the properties and recordation of a foreclosure deed upon conclusion of the process.
(Ord. No. O-10-5, § I, 4-26-10; Ord. No. O-18-11, § I, 7-20-18)
Sec. 10-39. - Notice of intent to foreclose/mediation conference.#
Except as may be provided in this article, from and after the effective date of this article, a mortgagee initiating a non-judicial foreclosure must undertake each of the following actions: (1)
The mortgagee shall provide written notice to the mortgagor at the address of the residential property and, if different, at the address designated by the mortgagor by written notice to the mortgagee as the mortgagor's address for receipt of notices of its intent to foreclose on the subject residential property and to participate in good faith in a mediation conference. The mortgagee shall deliver a copy of the notice to the recorder of deeds and the mediation coordinator at the same time it issues notice to the mortgagor. The notice to the recorder of deeds must include plat and lot information of the residential property.
(2)
A form of written notice meeting the requirements of this ordinance shall be developed by the city at least thirty days prior to the effective date of this ordinance and shall be in English, Portuguese and Spanish.
(3)
Following the filing of such notice, the mediation conference shall take place in person or over the phone at a time and place deemed mutually convenient for the parties by an individual employed by a HUD approved independent counseling agency selected by the mortgagee to serve as a mediation coordinator.
(4)
The mediation conference must be scheduled within sixty days following receipt by the mediation coordinator of a completed notice of mediation, single point of contact information for the mortgagee and payment by the mortgagee of applicable fees associated with the mediation conference.
(5)
The mediation conference shall be provided at no cost to the mortgagor. The HUD approved counseling agency shall be compensated by the mortgagee at a rate not to exceed five hundred dollars per engagement.
(6)
If after two attempts by the mediation coordinator to contact the mortgagor, the mortgagor fails to respond to the mediation coordinator's request to appear for the mediation conference, or the mortgagor fails to cooperate in any respect with the requirements outlined in this section, the requirements of the section will be deemed to be satisfied upon verification by the HUD-approved independent counseling agency that the required notice was sent; and if so, a certificate will be issued immediately by the HUD-approved independent counseling agency certifying compliance with this ordinance.
(7)
Prior to the scheduled mediation conference, the homeowner/mortgagor will be assigned a loan counselor to be provided by a HUD approved independent counseling agency. The mortgagor shall cooperate in all respects with the mediation coordinator and the counseling agency including, but not limited to, providing all necessary financial and employment information and completing all loan resolution proposals and applications deemed appropriate by the mediation coordinator and the counseling agency.
(8)
The mediation coordinator will provide the information required by subsection (7) to the representative of the mortgagee.
(9)
If the mediation coordinator determines that after a good faith effort made by the mortgagee at the mediation conference the parties cannot come to an agreement to renegotiate the terms of the loan in an effort to avoid foreclosure, such good faith effort by the mortgagee shall be deemed to satisfy the requirements of this article. A certificate certifying such good faith effort will be promptly issued by the HUD-approved independent counseling agency certifying compliance with this ordinance. The certificate will be the form of a document to be filed along with all other relevant documents regarding the foreclosure with the recorder of deeds.
(10)
Cases involving premises which are not owner-occupied or which are not residential are not subject to this ordinance.
(11)
Notwithstanding the foregoing, any mortgagee based within the State of Rhode Island and which services its own mortgages shall be deemed to be in compliance with the requirements of this section provided that:
a.
The mortgagee offers mortgagors a forbearance relief program that is consistent with the forbearance relief requirements applicable to FHA-insured mortgages, as set forth in Chapter 8 of HUD Handbook 4330.1 Rev. 5, Administration of Insured Home Mortgages, as the same may be amended from time to time;
b.
The deed offered by a mortgagee to be filed with the recorder of deeds as a result of a mortgage foreclosure action contains a certification that the provisions of this subsection have been satisfied;
c.
The mortgagee is headquartered in Rhode Island or maintains a physical office in Rhode Island from which office it carries out full service mortgage operations regarding mortgages on residential property located in the city, including the acceptance and processing of mortgage payments and the provision of local customer service; and
d.
The mortgage has Rhode Island based staff with the authority to approve loan restructuring and other loss mitigation efforts.
(Ord. No. O-18-11, § I, 7-20-18)
Editor's note— Ord. No. O-18-11, § I, adopted July 20, 2018, repealed the former § 10-39, and enacted a new § 10-39 as set out herein. The former § 10-39 pertained to filing/recording of foreclosure deed and derived from Ord. No. O-10-5, § I, 4-26-10.
Sec. 10-40. - Penalties and effective date.#
(a)
Where the mortgagee presents a foreclosure deed for recording in the land evidence records of the city and the recorder of deeds determines that the mortgagee has failed in any material respect to comply with the requirements and provisions of this ordinance, the recorder of deeds shall assess a penalty of five hundred dollars in addition to any other penalties and fees that may be assessed prior to recording the foreclosure deed. The rights of the homeowner to any redress afforded under the law are not abridged by this ordinance.
(b)
This ordinance shall have no effect unless and until the provisions of Rhode Island General Laws Section 34-27-3.2 are repealed or expire.
(Ord. No. O-18-11, § I, 7-20-18)
Editor's note— Ord. No. O-18-11, § I, adopted July 20, 2018, repealed the former § 10-40, and enacted a new § 10-40 as set out herein. The former § 10-40 pertained to similar material and derived from Ord. No. O-10-5, § I, 4-26-10.
ARTICLE VI. - SHOPPING CARTS#
Sec. 10-41. - Definitions.#
As used in this section:
Abandoned cart shall mean any cart that has been removed, without written consent of the owner, from the owner's business premises and is located on either public or private property.
Agent shall mean the person or persons designated by the owner of the cart authorized as the person to perform or provide retrieval services on behalf of the owner. The agent may be the owner, store manager, employee or private cart retrieval company.
Cart shall mean a basket which is mounted on wheels or a similar device generally used in a retail or commercial establishment by a customer for the purpose of transporting goods of any kind.
Director shall mean the Director of Public Works of the City of Warwick.
Owner shall mean any person or entity, who in connection with the conduct of a business, owns, leases, possesses, or makes a cart available to customers or the public. For the purposes of this section, owner shall also include agent.
Premises shall mean the entire area owned, occupied, and/or utilized by an owner which provides carts for use by customers or other persons, including any parking lot or other property provided on behalf of the owner for customer parking or use.
(Ord. No. O-21-6, § I, 5-19-21)
Sec. 10-42. - Unauthorized removal unlawful.#
It shall be unlawful for any person, either temporarily or permanently, to remove a cart from a premises or be in possession of a lawfully marked cart that has been removed from a premises without written consent of the owner authorized by this section or for the purpose of repair, maintenance or disposal.
(Ord. No. O-21-6, § I, 5-19-21)
Sec. 10-43. - Abandonment prohibited.#
It shall be unlawful for any person to cause or permit any cart to be abandoned on or upon any sidewalk, street or other public area, other than the premises of the owner of such cart.
(Ord. No. O-21-6, § I, 5-19-21)
Sec. 10-44. - Cart identification required.#
Every cart owned or provided by any owner shall have the sign that includes the owner's name, address and phone number. Notwithstanding the foregoing, businesses that have only one location within the city or multiple locations within the city all owned by the same entity, need not prove such identification, as long as the cart is otherwise visibly marked or branded such that its ownership may be readily identified or determined.
(Ord. No. O-21-6, § I, 5-19-21)
Sec. 10-45. - Cart removal warning signs.#
Owners shall prominently display signs notifying the public that removal of carts from the premises is prohibited under this section.
(Ord. No. O-21-6, § I, 5-19-21)
Sec. 10-46. - Written permission required for off-premises use of cart.#
An owner may permit customer off-premises use of a cart for transportation of purchased items. The authorization must be in writing with date and time. This cart must be returned to the owner's premises within 72 hours.
(Ord. No. O-21-6, § I, 5-19-21)
Sec. 10-47. - Mandatory locking of carts after hours.#
Carts stored outdoors shall be locked after business hours in a manner that prevents theft.
(Ord. No. O-21-6, § I, 5-19-21)
Sec. 10-48. - Mandatory retrieval required within 24 hours of notification by city.#
The city shall notify the owner of an abandoned cart when such cart is located in a place that can be accessed safely by the owner. Such notice may be by telephone or email to the owner or owner's agent designated in the abandoned cart prevention and retrieval plan. Within 24 hours of city notification, the owner or agent shall cause the identified cart(s) to be retrieved.
(Ord. No. O-21-6, § I, 5-19-21)
Sec. 10-49. - Abandoned cart prevention and retrieval plan required.#
Every owner who provides carts to customers or intends to provide carts to customers shall develop, implement and comply with the terms and conditions of an approved abandoned cart prevention and retrieval plan to prevent unauthorized removal of carts from a premises and, if removed, to retrieve the cart within 24 hours of removal or notice of removal. Such abandoned cart prevention and retrieval plan must be approved by the director to be effective. Such abandoned cart prevention and retrieval plan shall include the following elements: (1)
Name. The name of the owner, any agent(s) and the business name, the physical address where the business is conducted, the name, address and phone number(s) of the on-site and off-site owner or agent(s) if different.
a.
The owner or agent shall provide the city with current contact information for the purpose of notification of abandoned carts by the city.
(2)
Designation of the agent for cart retrieval and direct contact information including phone number or email information.
(3)
Cart identification sign. Owners shall attach an example of the proposed cart ownership identification sign.
(4)
Verification that carts that are stored outdoors shall be locked during hours when the business is closed.
(Ord. No. O-21-6, § I, 5-19-21)
Sec. 10-50. - Penalties.#
At any time after the director's approval of any abandoned cart prevention and retrieval plan, the owner may propose a change to address, different circumstances, or to improve the plan. An owner or designee who fails to retrieve a cart within 24 hours upon receiving notification from the department of public works pursuant to this section, shall be subject to a $100.00 fine per cart.
Owners shall also be subject to a $25.00 fine, per cart per day, for each cart which lacks the identifying information as required by this section.
(Ord. No. O-21-6, § I, 5-19-21)