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Section 2. Article IX is added to Chapter 33 of the Santa Ana Municipal Code to read in full as follows: Article IX -Shopping Cart Regulations Sec. 33-210. Definitions. The definitions set forth in this part shall govern the application and interpretation of this article. (a) "Abandoned shopping cart" means any shopping cart that has been removed, without written consent of the owner, from the owner's business premises and is left unattended or discarded on either public or private property other than the premises of the business establishment from which the shopping cart was removed. For purposes of this article, any shopping cart which is properly identified as required by this article, located on any public or private property other than the premises of the retail business establishment from which such shopping cart was removed, shall be presumed to be abandoned, even if in the possession of any person unless such person in possession is either (1) the owner, employee or agent of the owner, (2) the owner, employee or agent of a shopping cart retrieval service hired to retrieve shopping carts from the city, or (3) has written permission or consent to be in possession of the shopping cart from the shopping cart's owner. (b) "Shopping cart control plan" means a document submitted by the owner of the shopping cart pursuant to section 33-216 of this article. (c) "Agent" means the person or persons designated in the shopping cart control plan who the owner of the shopping cart authorizes as the person(s) to perform or provide retrieval services on behalf of the owner. The agent may be the owner if so designated in the city approved shopping cart control plan. (d) "Shopping cart" means 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. The word "shopping cart" includes laundry carts, which are shopping carts used in a laundromat or retail dry-cleaning establishment by a customer or attendant for the purpose of transporting textile goods. (e) "Director" means the executive director of planning and building for the City of Santa Ana, or such other director or officer designated by the city manager to administer this article. (f) "Owner" means any person or entity, who in connection with the conduct of a business, owns, leases, possesses or makes a shopping cart Ordinance No. NS-XXX Page 3 of 14 11 A-3