HomeMy WebLinkAboutOrd. No. 2016-1360 Chapter 8.38 Shopping Carts in its EntiretyORDINANCE NO. 2016 -1360
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE AMENDING AND
RESTATING TITLE 8 HEALTH AND SAFETY,
CHAPTER 8.38 SHOPPING CARTS IN ITS
ENTIRETY
WHEREAS, there exists numerous abandoned shopping and laundry carts
scattered across the City of Lake Elsinore ( "City "); and,
WHEREAS, shopping carts are provided by grocery stores and many retail
establishments for the convenience of customers while shopping on the premises
of such businesses; and,
WHEREAS, Sections 22435 - 22435.8 of the Business and Professions Code
provide for the impoundment, retrieval, and disposal of shopping carts that have
been abandoned or removed from the owners premises without authorization;
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 wishes to impose sanctions against individuals who
unlawfully take carts from business premises.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.38 of the Lake Elsinore Municipal Code is hereby
amended and restated in its entirety to read as follows:
Chapter 8.38
SHOPPING CARTS
8.38.010 Purpose and Declaration of Public Nuisance
8.38.020 Definitions
8.38.030 Enforcement and Shopping Cart Abatement
8.38.040 Prohibited Conduct
8.38.050 Mandatory Shopping Cart Containment and Retrieval Plan
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8.38.060 Appeals
8.38.070 Cumulative Remedies
8.38.010 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 may be abated pursuant to the provisions
of this chapter or in any other manner 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 shopping carts and to provide for
prompt retrieval of any removed or abandoned carts.
8.38.020 Definitions.
"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.
"City" means the City of Lake Elsinore.
"City Manager" means the City Manager or his or her designee
"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.
"Premises" means the entire area owned and utilized by the retail establishment,
including any parking lot.
"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.
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.
"Shopping cart" or "cart" means a basket which is mounted on wheels or a similar
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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.
8.38.030 Enforcement and Shopping Cart Abatement
A. The City Manager shall administer and enforce the provisions of this chapter.
The City Manager 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 chapter. The City Manager may
use contractors for cart retrieval purposes.
B. The City Manager may enforce the provisions of this chapter by use of
administrative citations pursuant to LEMC 1.20 and shopping cart abatement
pursuant to Business and Professions Code sections 22435 - 22435.8.
8.38.040 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.
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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.
8.38.050 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 shall involve the following elements:
1. Every cart owned or provided by an owner shall have a permanently affixed
sign as described in Business and Professions Code section 22435.1
2. Written notice shall be provided to customers, 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.
3. Specific measures to prevent the removal of shopping 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, 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 Monday through Friday, excluding Holidays and within 12 hours
the first day after a Weekend or Holliday. The notification shall be documented
and provided either by telephone or written notice. If the owner contracts with a
cart retrieval service, 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.
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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.
8. Two or more retail establishments may collaborate and submit a single cart
retrieval plan.
B. Cart Containment and Retrieval Plan Approval Process
1. A new or relocated retail establishment shall, at the time of applying for a
business license or certificate of occupancy, 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. No plan will be accepted without
payment of the fee.
2. Owners of existing retail establishments shall submit a cart containment plan
described in section (A) when renewing their business license. No plan will be
accepted without payment of the fee.
3. The Shopping Cart Containment Plan Review fee shall be $285. No plan will
be accepted without payment of the fee. The Director of Administrative Services
is hereby authorized to adjust the fee every February 1 st according to the average
of the percent change in the Consumer Price Index for Urban Clerical and Wage
Earners, as reported by the Bureau of Labor Statistics or successor agency from
December of the current fiscal year over the preceding December
4. The City Manager shall review each submitted plan and within 30 days approve,
deny, or request revision of the plan.
(a) If the plan is approved, the owner shall implement the plan within 30
days. Approval of the plan shall remain in effect as long as the business is
in operation.
(b) If the plan is denied, the City Manager shall state in writing the
reasons for the denial. The owner may appeal the denial pursuant to LEMC
8.38.060.
(c) If the plan must be modified, the City Manager shall state in writing
the required modifications. The owner shall have fifteen (15) days to
resubmit a modified plan for approval.
5. Plan Amendments. An owner may submit to the City Manager any amendments
of a previously approved plan. Such amendments shall be reviewed in
accordance with section (B) (4).
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8.38.060 Appeals
Owners may appeal the denial of a proposed cart containment plan pursuant to
the procedures under LEMC 1.20.060- 1.20.080.
8.38.070 Cumulative Remedies
The remedies set forth in this chapter shall be cumulative and in addition to any
and all other remedies, civil, equitable or criminal, afforded to the City under the
law.
Section 2: CEQA. This Ordinance is exempt from the California Environmental
Quality Act in accordance with Section 15061(b) (3) there is no possibility that
the activity in question may have a significant effect on the environment.
Section 3. If any provision, clause, sentence or paragraph of this Ordinance to
any person or circumstance shall be held invalid, such invalidity shall not affect
the other provisions of this Ordinance and are hereby declared to be severable.
Section 4. This Ordinance shall take effect thirty (30) days after the date of its
final passage. The City Clerk shall certify as to adoption of this Ordinance and
cause this Ordinance to be published and posted in the manner required by law.
Section 5: Certification. The City Clerk shall certify to the passage of this
Ordinance and shall cause the same to be published according to law.
PASSED AND ADOPTED at a meeting of the City Council of the City of Lake Elsinore,
California, on the 14th day of June, 2016.
ATTEST:
.Susan M. Domen, MMC
City Clerk
Brian sdale, Mayor
APR OVER AS P M:
arbara Leil old
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Ordinance No. 2016 -1360 was adopted by the City Council of the City of Lake Elsinore,
California, at the meeting of June 14, 2016, and that the same was adopted by the following vote:
AYES: Council Members Hickman, Johnson, Manos, Mayor Pro Tem Magee, and Mayor Tisdale
NOES: None
ABSENT: None
ABSTAIN: None
SQsan M. Domen, WC
City Clerk