HomeMy WebLinkAboutOrd 768 ORDINANCE NO. 768
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY ADDING CHAPTER 13.160, "SHOPPING
CARTS" OF TITLE 13, "CODE ENFORCEMENT AND
REMEDIES" OF THE CATHEDRAL CITY MUNICIPAL CODE
WHEREAS, there exists numerous abandoned shopping and laundry carts
scattered across the City of Cathedral City ("City"); and
WHEREAS, such carts contribute to blight, lower property values, and
threaten the health and safety of the people; and
WHEREAS, the City Council wishes to impose regulations against business
owners to prevent the unlawful removal carts and for prompt retrieval of abandoned carts;
and
WHEREAS, the City Council wants to ensure impoundment of abandoned
carts found within the City; and
WHEREAS, the City Council wishes to impose sanctions against individuals
who unlawfully take carts from business premises.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and incorporated herein by
reference.
Section 2. ADDING CHAPTER 13.160, "SHOPPING CARTS" TO THE
CATHEDRAL CITY MUNICIPAL CODE
Cathedral City Municipal Code Section 13.160 shall be added to read as follows:
Chapter 13.160 Shopping Carts
13.160.010 Purpose and Declaration of Public Nuisance
A. The city council hereby finds that the proliferation of wrecked, dismantled and
abandoned shopping carts, or parts thereof, on public or private property
are a visual blight, reduce property values, interfere with pedestrian and
vehicular traffic, impede emergency services, and are injurious to the
health, safety and general welfare. Therefore, wrecked, dismantled and
abandoned shopping carts are declared to be public nuisances and maybe
abated pursuant to the provisions of this Chapter or in any other manner
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provided by law.
B. The purpose of the regulations set forth in this Chapter is to ensure that
owners and operators of retail businesses that provide shopping carts take
reasonable measures to prevent the removal of shoppinq carts and to provide
for prompt retrieval of any removed or abandoned carts.
13.160.020 Definitions
A. "Retail Establishment" means any business which provides or makes
available shopping carts for the use of its customers regardless of whether
such business is opened to the general public or is a private club or business.
B. "Premises" means the entire area owned and utilized by the retail
establishment, including any parking lot.
C. "Owner" means any person or entity who, in connection with a retail
establishment, owns, leases, possesses, uses, or otherwise provides
shopping carts to customers, patrons, or the public. For purposes of this
Chapter, the owner shall include on-site or designated agents.
D. "Shopping cart"or"cart"means a basket which is mounted on wheels or a
similar device generally used in a retail establishment by a customer for the
purpose of transporting goods of any kind. Shopping cart also includes a cart
used in a laundry or dry-cleaning retail establishment for purposes of
transporting clothes and necessary cleaning materials.
E. "Removed Cart" means a cart which is removed from the premises of a
business establishment by any person without the written permission or
consent of the Owner of the cart.
F. "Abandoned Cart"means any cart that has been removed from the premises
of the business establishment and which is left unattended or discarded upon
any public or private property other than the premises regardless of whether
the cart was removed with permission from the Owner.
G. "City"means the City of Cathedral City.
13.160.030 Enforcement
A. The City Manager or his designee shall administer and enforce the provisions of
this Chapter. The City Manager or his designees may enter public property and
private property, with consent of the owner or occupant or with a warrant authorizing
entry, to examine shopping carts or parts thereof, to ascertain the identity of the
owner of the carts, and to abate and remove shopping carts pursuant to this
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Chapter. The City Manager or his designee may use contractors for cart retrieval
purposes.
B. The City Manager or his designee may enforce the provisions of this chapter by
use of administrative citations pursuant to Chapter 13.58 and 13.60.
13.160.040 Prohibited Conduct
It is unlawful for any person to do any of the following acts:
A. To remove a shopping cart from the premises of a retail establishment with
the intent to temporarily or permanently deprive the owner or retailer of
possession of the cart.
B. To be in possession of any shopping cart that has been removed from the
premises of a retail establishment, with the intent to temporarily or
permanently deprive the owner or retailer of possession of the cart.
C. To be in possession of any shopping cart with serial numbers removed,
obliterated, or altered, with the intent to temporarily or permanently deprive
the owner or retailer of possession of the cart.
D. To leave or abandon a shopping cart at a location other than the premises of
the retail establishment with the intent to temporarily or permanently
deprive the owner or retailer of possession of the cart.
E. To alter, convert, or tamper with a shopping cart, or to remove any part or
portion thereof or to remove, obliterate or alter serial numbers on a cart,
with the intent to temporarily or permanently deprive the owner or retailer
of possession of the cart.
F. To be in possession of any shopping cart while that cart is not located on
the premises of a retail establishment, with the intent to temporarily or
permanently deprive the owner or retailer of possession of the cart.
G. Notwithstanding any other section in this Chapter, it shall be unlawful and a
public nuisance for any owner or retail establishment to allow one or more of
that retail establishment's carts to be abandoned or remain unattended on any
private property, city street, alley,sidewalk or other public right-of-way for any
period of time.
13.160.050 Shopping Cart Abatement
A. Impoundment of Shopping Carts with Signs Affixed.
1. Pursuant to Business and Professions Code Section 22435.7(b), the City
Manager or his designee may provide actual notice to the owner of any abandoned
or removed carts that has been located within the City. The notification shall be
documented and provided by telephone or written notice. If three business days
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after such notice is given the cart has not been retrieved by the owner or his or her
agent, the cart may be impounded. The City may recover the actual costs of
retrieving the cart and fines against the owner. A cart impounded pursuant to this
subsection that is not reclaimed within 30 days of the owner's receipt of the notice
provided for herein shall be sold or otherwise disposed of by the City.
2. Pursuant to Business and Professions Code Section 22435.7(i), the City
Manager or his designee may immediately impound any abandoned or removed
shopping cart located within the City, and give the owner of the cart actual notice
that the cart has been impounded within 24 hours of the impoundment. The
notification shall be documented and provided by telephone or written notice. Any
shopping cart impounded pursuant to this subsection that is reclaimed within three
business days following the date of actual notice to the owner shall be released and
surrendered to the owner or his or her agent at no charge whatsoever. Any cart
reclaimed within the three business day period shall not be deemed an occurrence
for the purposes of subsection(A)(3). Where an owner fails to reclaim a cart, the City
may recover the actual costs of retrieving the cart and fines against the owner
commencing on the fourth business day following the date of the notice. Any cart
not reclaimed within 30 days of the actual notice provided to the owner of the cart
shall be sold or otherwise disposed of by the City
3. Fines. Pursuant to Business and Professions Code Section 22435.7(f), a
fine in the amount of$50.00 is hereby imposed upon each owner of a shopping cart
for each occurrence in excess of three during a specified six-month period for failure
to retrieve shopping carts in accordance with section 13.160.050(A).An occurrence
includes all shopping carts impounded in accordance with this chapter in a one-day
period. This subsection does not apply to and does not limit or prohibit any other
fee, fine or penalty that the City may charge for violation of this Chapter.
B. Impoundment of Shopping Carts without Affixed Signs. An abandoned or
removed shopping cart that does not have an affixed sign identifying the owner may
be impounded immediately. Carts impounded pursuant to this subsection may be
disposed of immediately. The City does not waive its right to recover any fines and
fees under these circumstances.
C. Record Keeping. The City Manager or designee shall keep records identifying the
date, time and location from where the shopping cart was impounded.
D. Emergency Removal. Notwithstanding any provisions of this Chapter, shopping
carts may be impounded immediately from public or private property where such
shopping carts impede emergency services.
13.160.060 Mandatory Shopping Cart Containment and Retrieval Plan
A. Every owner which provides more than ten (10) shopping carts shall develop,
implement and maintain a plan to prevent the removal of shopping carts from the
premises and to provide for the retrieval of removed and abandoned carts. The plan
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shall involve the following elements:
1. Every cart owned or provided by an owner shall have a permanently
affixed sign which identifies the owner, notifies the public of the procedure to be
utilized for authorized removal of the cart from the premises;notifies the public that
the unauthorized removal of the cart from the premises or parking area of the
business establishment, or the unauthorized possession of the cart, is a violation of
state law; and lists a valid telephone number or address for returning the cart
removed from the premises or parking area to the owner or retailer.
2. Written notice shall be provided to customers, in both English and
Spanish, that removal of shopping carts from the premises is prohibited by state
law. The plan shall identify the specific measures to be implemented to comply with
this notice requirement. In addition, conspicuous signs shall be placed and
maintained on the premises near all customer entrances and exits throughout the
premises, including the cart storage areas, warning customers that removal of
shopping carts from the premises is prohibited by state law.
3. Specific measures to prevent the removal of shoppinq carts from the
premises. These measures may include,but are not limited to, the electronic or other
disabling devices, physical barriers, security guards to deter the unauthorized
removal of carts, or other effective measures that are satisfactory to the City.
4.All shopping carts located at the business premises shall be collected
at the end of each business day and shall be collectively confined in a cart
containment area until the commencement of the next business day. Businesses
that are open twenty-four (24) hours a day shall collect and confine all shopping
carts, other than those in current use by customers, in a cart containment area
between the hours of 9:00 p.m. and 12:00 a.m. each calendar day.
5. The owner shall establish and maintain a cart retrieval program. In
addition, upon notification by city personnel, the owner shall cause the retrieval of
the cart within 24 hours. The notification shall be documented and provided either
by telephone or written notice. If the owner contracts with a cart retrieval services the
service must be approved by the City.
6. Employees of each retail establishment shall be trained on an ongoing
basis concerning the requirements of this Chapter and the provisions of state law
prohibiting the unauthorized removal of shopping carts from the premises of the
retail establishment.
7. Two or more retail establishments located within the same shopping or
retail center or sharing a common parking area may collaborate and submit a single
cart containment and retrieval plan.
B. Cart Containment Plan Approval Process
1. New or Relocated Businesses. A new or relocated retail establishment
shall, at the time of applying for a business license or certificate of occupancy,
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submit a cart containment plan described in section (A). A retail establishment
applying for a renewed license or certificate, but which did not previously submit a
cart containment plan,shall submit such plan upon application for renewal. The fee
amount for submitting a plan may be set by resolution of the City Council. No plan
will be accepted without payment of the fee.
2. Existing businesses. Owners of existing retail establishments shall, within
60 days of adoption of this ordinance,submit the cart containment plan described in
section (A). The fee amount for submitting this plan may be set by resolution of the
City Council. No plan will be accepted without payment of the fee.
3. Plan Review. The City Manager or his designee shall review each submitted
plan and within thirty(30) days approve, deny, or revise the plan.
(a) If the plan is approved, the owner shall implement the plan within
thirty(30) days.
(b)If the plan is denied, the City Manager or his designee shall state in
writing the reasons for the denial. The owner may appeal the denial pursuant to
section 13.160.060.
(c)if the plan must be modified, the City Manager or his designee shall
state in writing the required modifications. The owner shall have fifteen(15) days to
resubmit a modified plan for approval.
4. Plan Amendments.An owner may submit to the City Manager or his
designee any amendments of a previously approved plan. Such amendments shall
be reviewed in accordance with section (B)(3).
C. Penalties. The failure of an owner to establish or maintain a cart containment plan
shall be subject to a civil fine of up to$1,000, plus an additional penalty of$50.00 for
each day of noncompliance.
13.160.060 Appeals
Owners may appeal the denial of a proposed cart containment plan pursuant to the
procedures under Chapter 13.150. Proposed cart containment plans shall be treated
the same as permits and licenses for purposes of appeal.
13.160.070 Violations
A. Violation of any provision of this chapter is a misdemeanor, and each day a
violation is continued shall constitute a new and separate misdemeanor.
B. Violation of any provision of this Chapter shall constitute a public nuisance and
may be abated according to the provisions of this Chapter or by any other means
provided by law.
13.160.080 Cumulative Remedies
The remedies set forth in this Chapter shall be cumulative and in addition to any and
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all other remedies, civil, equitable or criminal, afforded to the City under the law.
Section 3. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence
or word of this ordinance be rendered or declared invalid by any final court action in a court
of competent jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted
shall remain in full force and effect.
Section 4. ENVIRONMENTAL FINDINGS
The City Council finds that adoption of this ordinance is exempt from the provisions
of the California Environmental Quality Act pursuant to Title 14 California Code of
Regulations section 15061, subsection (b)(3), because there is nothing in this chapter or its
implementation that could foreseeably have any impact on the environment.
Section 5. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence
or word of this ordinance be rendered or declared invalid by any final court action in a court
of competent jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted
shall remain in full force and effect.
Section 6. AMENDING OF BAIL SCHEDULE
The City Attorney's Office is hereby directed to determine whether this ordinance
necessitates amendment of the City's Bail Schedule and to cause such necessary
amendments to be made and filed with the local branches of the Superior Court of the
County of Riverside.
Section 7. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its second reading by the City
Council.
Section 8. CITY ATTORNEY REVIEW
The City Attorney prepared and framed this ordinance pursuant to Section 1.04.010
of the Municipal Code and finds that the City Council has the authority to adopt this
ordinance, that the ordinance is constitutionally valid and that the ordinance is consistent
with the general powers and purposes of the City as set forth in Section 1.04.031 of the
Municipal Code.
Section 9. EXECUTION AND CERTIFICATION
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The City Clerk shall certify to the passage of this Ordinance and shall cause the
same to be published according to law.
The foregoing Ordinance was approved and adopted at a meeting of the City
� Council held on December 9, 2015, by the following vote:
Ayes: Councilmembers Aguilar, Carnevale and Kaplan; Mayor Pro Tem
Pettis and Mayor Henry `
Noes: None
Abstain: None
Absent: None
iZa, ;V
ley E. Henry, Ma •r
ATTEST:
4♦ p r
Gary F. Howe I, City Clerk
APPROVED AS TO FORM:
t
Charles R. Green, City Attorney
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