HomeMy WebLinkAboutOrdinance - 2536 - Amend Title 9ORDINANCE NO. 2536
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 9
(HEALTH AND SAFETY) BY ADDING CHAPTER 9.07 (SHOPPING
CARTS) SECTIONS 9.07.010 THROUGH 9.07.100, INCLUSIVE, ALL
RELATING TO THE REGULATION OF SHOPPING CARTS
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Title 9 (Health and Safety), Chapter 9.07 (Shopping Carts), Sections 9.07.010
through 9.07.100 are hereby added to read as follows:
Chapter 9.07: Shopping Carts
9.07.010 - Findings and purpose.
Abandoned shopping carts constitute a public nuisance, create potential hazards to the public
health and safety and interfere with pedestrian and vehicular traffic within the City. Wrecked,
dismantled, and/or abandoned shopping carts on public or private property create conditions that
reduce property values and promote blight and deterioration within the City's neighborhoods, and
degrade the quality of the City's river and creek corridors and other open space areas. The
purpose of this chapter is to ensure that measures are taken by cart owners to prevent the removal
of shopping carts from store premises.
9.07.020 - Definitions.
For purposes of this Chapter, the following definitions shall apply:
"Abandoned shopping cart" means any cart removed from a business establishment's
premises without the written permission of the owner and located on either public or
private property.
"Owner" means a person or establishment providing shopping carts for customers' use,
and for the purposes of receiving notices as required by this Chapter, includes, but is not
limited to, any on-site manager or member of an on-site management team.
"Premises" means the entire area owned or under the control of a business owner.
"Shopping cart" means a basket which is mounted on wheels or a similar device generally
used in a retail establishment by a customer for transporting goods and includes laundry
carts as customarily used in the operation of laundry establishments.
9.07.030 - Shopping cart identification signs.
Within one hundred and twenty (120) calendar days of the effective date of this Chapter, the O
owner shall have a sign that is prominent and visible permanently affixed to each shopping cart.
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The information on the identification sign shall comply with the requirements of Business and
Professions Code section 22435.1, as amended from time to time.
9.07.040 - Unauthorized removal or possession of a shopping cart.
It is unlawful for any person to do any of the following:
A. To remove a shopping cart from the premises or parking area 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 or
the parking area 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 a serial number or any of the identifying
information required by Section 9.07.030 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 or parking
area 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, including signs required by Section 9.07.030, 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.
9.07.050 — Containment and retrieval plan required.
A. Within one hundred and twenty calendar (120) days of the effective date of this Chapter,
every owner who allows or intends to allow the use of shopping carts outside the building
of a business shall develop and implement a specific plan to prevent unauthorized
individuals from removing carts from the business premises and to recover them in the
event they are removed from the premises. The plan shall be made available for
inspection by the City within forty-eight (48) hours of a request to do so. The Plan shall
be effective to discourage removal of carts from the owner's premises and to facilitate
recovery of the carts. Specific measures shall include, but are not limited to, the
following:
1. Placement of signage to discourage the removal of shopping carts from the premises;
2. The physical measures the owner will make, which may include providing disabling
devices on all carts and posting of a security guard to deter and stop unauthorized
individuals who attempt to remove carts from the business premises;
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3. Provision for retrieval of abandoned carts by employees or contracts for cart retrieval
services, including the cleaning of carts prior to returning them to service; and
4. Prohibitions against allowing carts off the Premises unless written permission from
the owner has been attained or the person is in the presence of an employee.
B. Two (2) or more businesses may collaborate and may establish a single plan.
C. New Development/Redevelopment. In addition to the containment and retrieval plan
required by this section, with approval of new retail establishments or redevelopment
requiring discretionary action by the City, specific physical measures may be required to
be implemented to prevent the cart removal from the business premises.
9.07.060 - Authority to impound.
The City may impound any abandoned shopping cart when the shopping cart has a sign affixed,
as required by Section 9.07.030. The City shall provide notice to the owner of any carts
impounded in accordance with the provisions of Business and Professions Code section 22435.7,
as amended from time to time.
9.07.070 - Authority to store.
Any shopping cart that is impounded shall be stored by the City at a location that is reasonably
convenient to the owner of the shopping cart and is open for business at least six (6) hours of
each day, during normal City Hall business hours. However, the City shall not be liable to any
person for theft or damage to a shopping cart stored or impounded by the City.
9.07.080 - Administrative costs and fines.
A. An owner who fails to retrieve a shopping cart after receiving the notification required by
Section 9.07.060 shall be assessed the City's cost of discovery, identification,
notification, and impoundment as established by resolution of the City Council.
B. Any owner who fails to retrieve abandoned carts in accordance with this Chapter in
excess of three (3) times during any six (6) month period shall be subject to the maximum
fine provided by Business and Professions Code section 22435.7, as amended from time
to time.
9.07.090 - Disposal of abandoned shopping carts.
Pursuant to subdivision (g) of Business and Professions Code section 22435.7, as amended from
time to time, any cart displaying a sign described in Section 9.07.030 not reclaimed from the
City within thirty (30) calendar days after notification to the owner shall be sold or otherwise
disposed of by the City.
9.07.100 — Violations and Enforcement.
A. Violation of any Section within this Chapter is a public nuisance.
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B. Violation of any Section within this Chapter is an infraction.
Section 2. The passage of this ordinance is not a "project" according to the definition in
the California Environmental Quality Act, and therefore is not subject to the provisions requiring
environmental review.
Section 3. Severability. If any provision of this ordinance or the application thereof to
any person or circumstance is held invalid, the remainder of the ordinance and the application of
such provision will remain in effect to the extent permitted by law.
Section 4. This ordinance shall take effect thirty (30) days after the date of its adoption,
and the City Clerk shall certify to the adoption thereof and cause its publication according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council at a regular meeting on the 15th day of September, 2015; and was duly read and adopted
at a regular meeting on the 3rd day of November, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
J
PAMELA MIZE, C*VClerk
Cadd, McArthur, Schreder, Weaver, & Sullivan
None
None
None
09SULLIVAN, AN, Mayor
APPROVED AS TO FORM:
BARRY MeTVALT, City Attorney
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