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HomeMy Public PortalAboutOrdinance 11-9481 1 CITY OF TEMPLE CITY ORDINANCE NO. 11 -948 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING CHAPTER 11 ( "SHOPPING AND LAUNDRY CART CONTAINMENT, RETRIEVAL, AND ABATEMENT ") OF TITLE 4 ( "LAW ENFORCEMENT ") OF THE TEMPLE CITY MUNICIPAL CODE. WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and, WHEREAS, California Government Code Section 38771 provides that legislative bodies of Cities may declare what constitutes a nuisance; and, WHEREAS, California Government Code Section 38772 et seq. further provides that legislative bodies of Cities may also provide for the summary abatement of any nuisance at the expense of the persons creating, causing, committing, or maintaining the nuisance, and by ordinance may make the expense of abatement of nuisances a lien against the property on which the nuisance is maintained and a personal obligation against the property owner; and, WHEREAS, California Business & Professions Code Section 22435.7 provides uniform Statewide regulations for the retrieval of shopping carts by local government agencies; and, WHEREAS, California Business & Professions Code Section 22435.8 authorizes municipalities to regulate or prohibit the removal of shopping and /or laundry carts from business premises, so long as said regulations do not conflict with State law; and, WHEREAS, the City Council of the City of Temple City has been presented with evidence that shopping carts and /or laundry carts are often removed from retail establishments and subsequently left in a wrecked, dismantled, or abandoned fashion on private and /or public property within the City of Temple City; and, WHEREAS, wrecked, dismantled, or abandoned shopping and /or laundry carts create visual blight within the City, tend to reduce property values, and constitute an attractive nuisance; and, WHEREAS, such shopping and /or laundry carts pose hazards to motorists, pedestrians, bicyclists, and others within the City; and, WHEREAS, such shopping and /or laundry carts create impediments to the flow of water in drainage systems and other waterways; and, WHEREAS, such shopping and /or laundry carts create practical difficulties in the maintenance of property; and, WHEREAS, the City of Temple City desires to remedy the problems created by and associated with wrecked, dismantled, and /or abandoned shopping and /or laundry carts in the City by placing the responsibility for such shopping carts on the owners; and, WHEREAS, passage of this ordinance is in the interests of the health, safety, and welfare of the residents, businesses, and visitors of the City of Temple City. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Page 1 of 10 SECTION 1. Chapter 11 ( "Shopping and Laundry Cart Containment, Retrieval, and Abatement ") of Title 4 ( "Law Enforcement ") of the Temple City Municipal Code is hereby added as follows: Chapter 11 SHOPPING AND LAUNDRY CART CONTAINMENT, RETRIEVAL AND ABATEMENT 5010 Findings and declaration. A. The City Council finds that shopping carts and laundry carts are being removed from retail businesses and abandoned throughout the city on public and private property, which blight the city of Temple City, create safety hazards for pedestrians, create potential safety hazards for motor vehicle operators, increase the operating costs of retail businesses and cause the city to expend resources unnecessarily by deploying its employees to retrieve and remove such carts from public and private property. The city council also finds that the accumulation of such carts on public and private property diminishes property values and promotes blight throughout the entire City. B. The City Council finds that the conditions created by the removal of shopping carts and laundry carts from retail business premises and the abandonment of such carts throughout the City of Temple City constitute nuisances. C. The purposes of this ordinance are to require business owners that provide shopping carts and /or laundry carts to their customers to maintain such carts on their business premises, to require business owners to prevent persons from removing such carts from their business premises, to make it unlawful for any person to remove such carts from any business premises, to make it unlawful for any person to abandon such carts onto any public or private property, and to reduce the City's and /or business owners' costs of retrieving such carts from public and private property. D. Therefore, pursuant to California Business & Professions Code Section 22435.8, effective containment or control of shopping carts shall be mandated, and the presence of wrecked, dismantled or abandoned shopping or laundry carts, or parts thereof, on property located outside the premises or parking lot of the business that provided such cart, shall be cause to institute impoundment and abatement procedures in accordance with the provisions of this chapter and of California Business & Professions Code Div. 8 Ch. 19 "Shopping and Laundry Carts." 5011 Definitions. As used in this chapter, the following words and phrases have the meanings set forth below: Abandoned shopping or laundry cart shall mean a shopping or laundry cart located outside the business premises of a retail establishment that furnishes such cart for use by its patrons. Business owner shall mean any person; any partner, employee or agent of a partnership; any officer, director, employee or agent of any corporation who conducts, directs, manages, supervises, operates, oversees, or owns any retail business within the City of Temple City that uses or locates shopping or laundry carts on the business premises. Business premises shall mean the lot area, maintained and managed by the business, that may include the building, parking lot and adjacent walkways, and where the business' shopping or laundry carts are permitted. The parking area of a business establishment located in Page 2 of 10 1 1 1 1 wya a multistore complex or shopping center shall include the entire parking area used by the complex or center. Cart shall mean a shopping cart or laundry cart as defined in this section. Code shall mean the Temple City Municipal Code. Director shall mean the Temple City Community Development Director or designee thereof. Laundry cart shall mean a basket which is mounted on wheels or a similar device, provided by a laundry or cleaning establishment operator for the purpose of transporting clothing or other fabrics and cleaning supplies within the business premises of said laundry or cleaning establishment. Retail business or retail establishment shall mean a business establishment within the City of Temple City that provides or furnishes to its patrons or employees the use of laundry and /or shopping carts. Shopping cart shall mean a basket of any size that is mounted on wheels or a similar device, provided by a store operator for the purpose of transporting goods of any kind within the business premises of a retail business. Shopping or laundry cart owner shall mean the owner of a shopping or laundry cart, the agent of the owner of such cart, including individuals or business entities, or the retail establishment that furnishes such cart for use by its patrons. 5012 Administration. The Director is hereby authorized to enforce the provisions of this code. The Director shall have the authority to promulgate and or adopt regulations to implement the provisions of this chapter. 5013 Unauthorized removal or possession. A. It shall be unlawful for any person to perform any of the following acts with respect to a shopping or laundry cart, when such cart has a sign permanently affixed in conformity with this Chapter: 1. To remove a shopping or laundry cart from the business premises of a retail establishment with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart; 2. To be in possession of any shopping or laundry cart that has been removed from the business premises of a retail establishment with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart; 3. To be in possession of any shopping or laundry cart with serial numbers or identification signage removed, obliterated, defaced, or altered, with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart; 4. To leave or abandon a shopping or laundry cart at a location other than the business premises with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart; 5. To alter, convert, or tamper with a shopping or laundry cart, or to remove any part or portion thereof, or to remove, obliterate, deface, or alter serial numbers or Page 3 of 10 identification signage on a cart, with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart; 6. To be in possession of any shopping or laundry cart while that cart is not located on the business premises, with the intent to temporarily or permanently deprive the shopping or laundry cart owner of possession of the cart. B. This section shall not apply to a shopping or laundry cart owner, or his or her agent, employee or patron who has written consent from the shopping or laundry cart owner to be in possession of such cart or to remove such cart from the store premises. C. In any civil proceeding, any shopping or laundry cart with an identification sign affixed to it pursuant to Section 5016 shall establish a rebuttable presumption affecting the burden of producing evidence that the property is that of the person or business named in the sign and not abandoned by the person or business named in the sign. D. In any criminal proceeding, it may be inferred that any shopping cart or laundry cart which has a sign affixed to it pursuant to Section 5016 is the property of the person or business named in the sign and has not been abandoned by the person or business named in the sign. E. Nothing contained in this Section shall preclude the application of any other laws related to prosecution for theft. 5014 Cart containment and retrieval plan. A. No shopping or laundry cart owner shall commence, conduct or continue business operations without having implemented a City- approved cart containment and retrieval plan to prevent the unauthorized removal of such carts from store premises, and, if removed, to retrieve such carts within twenty four (24) hours of the removal, or notice of removal. B. A proposed cart containment and retrieval plan shall be submitted to the Director in writing, on a city- approved form, and shall include, at a minimum, the following information: 1. Owner /Business Information: Information about shopping or laundry cart owner and business establishment, including the name of each business owner and /or shopping or laundry cart owner; the name of the retail establishment; the physical address of the business premises; the name, address and telephone number of each on -site or off -site owner or manager. 2. Cart Inventory: A complete inventory of all shopping or laundry carts maintained on or in the premises. 3. Cart Identification Signage: A description of the identification sign to be affixed to each shopping or laundry cart on the business premises. The identification must, at a minimum, contain the information set forth in section 5016 of this Chapter. 4. Business Premises Signage: A description of the signage to be posted on the business premises, including sign and typeface size, sign text, and posting locations. Signage must, at a minimum, conform to the requirements set forth in section 5017 of this Chapter. 5. Mandatory Cart Retrieval: Evidence of a contract with a cart retrieval service employed to retrieve shopping or laundry carts that have been removed from their store premises within twenty four (24) hours of the removal, or notice of removal. Page 4 of 10 1 1 1 6. Containment Methods: A detailed description of all methods the shopping or laundry cart owner shall implement to prevent removal of carts from the store premises. These methods may include, but are not limited to, those set forth in section 5019 of this Chapter. 7. Community Outreach: A description of the community outreach process under which the owner shall cause notice to be provided to customers that the removal of carts from the business premises is prohibited and a violation of state and municipal law. This process may include, but is not limited to, flyers distributed on the store premises, warnings on shopping bags, signs posted in prominent places near store and parking lot exits, direct mail, announcements using intercom systems on the business premises, or other means demonstrated to be effective. Any posting of signs shall comply with applicable provisions of Title 9, Article L of this Code. 8. Employee Training: A description of an employee training program that shall be implemented by the shopping or laundry cart owner and conducted at least once a year to educate new and existing employees on the cart containment and retrieval plan. C. No proposed cart containment and retrieval plan shall be accepted unless accompanied by payment of a fee in an amount established by resolution of the City Council. D. Notwithstanding any other provisions of this Chapter, shopping or laundry cart owners engaging in business in the City on the effective date of this Chapter shall implement a City- approved cart containment and retrieval plan in accordance with the provisions of this Chapter within three (3) months from the effective date of this Chapter, with the exception that said owners shall have 180 days from the effective date of this Chapter to implement the carte containment methods pursuant to said City- approved plan . E. It shall be the responsibility of a shopping or laundry cart owner to implement and.. continuously maintain all provisions and measures of the City- approved cart containment and retrieval plan at all times he or she is engaging in business in the City. 5015 Approval or denial of cart containment and retrieval plan; Appeal. A. Cart containment and retrieval plans shall be reviewed by the Community Development Director. The Director may approve, conditionally approve, or deny a plan. B. Application Review. The Director shall approve the cart containment and retrieval plan unless the Director determines that any of the following grounds for denial exist, in which case the cart containment and retrieval plan shall be denied: 1. Implementation of the plan would violate provisions of the building, zoning, health, safety, fire, or Municipal Code, or any County, State or Federal law which substantially affects public health, welfare or safety; 2. The plan fails to include all information required by this Chapter; 3. The plan is insufficient or inadequate to prevent removal of carts from the store premises; 4. Implementation of the plan would violate a term or condition of a City approval, license, permit, or other entitlement; or, 5. The applicant has made a false, misleading or fraudulent material statement or omission of fact in the cart containment and retrieval plan. Page 5 of 10 C. Conditional approval. The Director may conditionally approve a plan if imposing such conditions will eliminate any ground requiring denial of the plan. D. Appeal. Any business owner or shopping or laundry cart owner may appeal the Director's denial or conditional approval of a proposed cart containment and retrieval plan by filing a written request for an appeal, on a City- approved form, with the Director within ten (10) calendar days of such denial or conditional approval. The appeal shall be conducted before the Planning Commission as set forth in Section 9184 of this Code. 1. Any business owner or shopping or laundry cart owner dissatisfied with the decision of the Planning Commission may appeal the Commissions decision to the City Council by filing a written request for an appeal with the City Clerk, on a City- approved form, within fifteen (15) calendar days of the Planning Commission's decision. The appeal shall be conducted before the City Council as set forth in Sections 9184 and 9185 of this Code. 5016 Cart identification. A. It shall be the responsibility of a shopping or laundry cart owner to maintain each cart with an identification sign permanently affixed to it. Cart identification signs shall be in conformity with that described in the owner's City- approved cart containment and retrieval plan and which, at a minimum, contains all of the following information: 1. The identity of the shopping or laundry cart owner, or the retail establishment, or both; 2. Notification to the public of the procedure to be utilized for authorized removal of the cart from the business premises; 3. Notification to the public that the unauthorized removal of the cart from the business premises, or the unauthorized possession of the cart, is a violation of State and municipal law; 4. The address or telephone number for returning a cart removed from the business premises to the shopping or laundry cart owner. B. Notwithstanding any other provisions of this Chapter, shopping or laundry cart owners engaging in business in the city on the effective date of this chapter shall affix identification to each cart, in conformity with Subsection A, within three (3) months from the effective date of this Chapter. 5017 Business premises signage. A. It shall be the responsibility of a shopping or laundry cart owner to maintain signage concerning cart removal posted on the business premises. Signage shall be in conformity with that described in the owner's City- approved cart containment and retrieval plan and which, at a minimum, meets the following requirements: 1. Each sign shall be not less than eighteen (18) inches in width and twenty -four (24) inches in height with block lettering not less than one -half (112) inch in width and two (2) inches in height; 2. A sign shall be posted in a conspicuous place within two (2) feet of each customer entrance and exit; Page 6 of 10 1 1 3. Signs shall also be posted in a conspicuous place within the parking lot or parking area of the business premises, as set forth in the owner's City- approved cart containment and retrieval plan; 4. Each sign shall state, at a minimum, as follows: "REMOVAL OF SHOPPING OR LAUNDRY CARTS FROM THE PREMISES IS PROHIBITED BY STATE AND MUNICIPAL LAW. (B &P §22435.2; T.C.M.C. §5013.) "; and, 5. Each sign shall be in English, Spanish, and other such languages as may be specified by the Director. B. Notwithstanding any other provisions of this Chapter, shopping or laundry cart owners engaging in business in the city on the effective date of this chapter shall post signage on the store premises, in conformity with Subsection A, within three (3) months from the effective date of this Chapter. 5018 Cart Retrieval; Retrieval service. A. It shall be the responsibility of a shopping or laundry cart owner to secure and continuously maintain a service to retrieve shopping or laundry carts which have been removed from their store premises within twenty four (24) hours of the removal, or notice of removal. Service shall only be established with a person or business entity engaged in the business of shopping or laundry cart retrieval who possesses a valid Temple City business license and any other requisite approval, license, or permit. B. No person or business entity shall engage in the business of cart retrieval.. without a valid Temple City business license. Such person or business entity shall comply with_ the following requirements: 1. A person or business entity engaged in the business of cart retrieval shall retain records showing written authorization from the shopping or laundry cart owner, or an,: agent thereof, to retrieve carts and to be in possession of carts retrieved. A copy of said records shall be maintained in each vehicle used for cart retrieval. 2. Each vehicle used for the retrieval of shopping or laundry carts shall display a sign that clearly identifies the person or business entity engaging in the business of cart retrieval. C. Notwithstanding any other provisions of this chapter, shopping or laundry cart owners engaging in business in the city on the effective date of this Chapter shall secure a retrieval service, in conformity with subsection A, within three (3) months from the effective date of this Chapter. 5019 Cart Containment. A. It shall be the responsibility of a shopping or laundry cart owner to effectively contain or control all carts within the boundaries of the store premises. An owner shall install and /or implement each method of containment described in the City- approved cart containment and retrieval plan. Methods of containment may include, but are not limited to, the following: 1. Electronic or other disabling devices installed on the shopping or laundry carts that prevent their removal from the business premises; 2. Bollards or other structures installed or erected on the perimeter of the business premises that restrict shopping or laundry carts to these premises. Such structures shall Page 7 of 10 not interfere with fire lanes, handicap access, or conflict with federal, state and local laws, including municipal building and zoning codes; 3. Use of courtesy clerks to accompany customers to their vehicles and return shopping or laundry carts to the store; 4. Security deposit for patron's use of a shopping or laundry cart; and /or, 5. Other demonstrably effective method, approved by the Director, which is likely to prevent cart removal from the business premises. B. Notwithstanding any other provisions of this Chapter, shopping or laundry cart owners engaging in business in the city on the effective date of this chapter shall implement all methods of cart containment, in conformity with subsection A and the owner's City - approved cart containment and retrieval plan, within six (6) months from the effective date of this Chapter. 5020 Abandoned shopping or laundry carts — abatement, removal and storage. A. The City may impound a shopping or laundry cart that has a permanently affixed sign, in conformity with this Chapter, provided both of the following conditions have been met: 1. The shopping or laundry cart is located outside the business premises, as defined in this chapter; 2. The shopping or laundry cart is not retrieved within three (3) business days from the date the shopping or laundry cart owner receives actual notice from the City of such cart's discovery and location. B. Notwithstanding other provisions of this Section, the City may immediately retrieve a shopping or laundry from public or private property when the location of such cart will impede emergency services, as determined by the Director or his or her designee. C. Any shopping or laundry cart that has been impounded by the City pursuant to Subsection A or B of this Section shall be held at a location that is reasonably convenient to the shopping or laundry cart owner and is open for business at least six hours of each business day. D. When the City has impounded a shopping or laundry cart pursuant to Subsection A or B of this Section, the City may recover its actual costs for providing such service. E. The City may fine a shopping or laundry cart owner fifty dollars ($50) for each occurrence in excess of three during a six -month period for failure to retrieve shopping or laundry carts in accordance with this Chapter. For purposes of this Subsection, an occurrence shall include all shopping or laundry carts impounded in accordance with this section during a calendar day. F. The City or authorized agent thereof may sell or dispose of any shopping or laundry cart not reclaimed by the owner within thirty (30) calendar days of receipt of actual notice from the City. G. Notwithstanding Subsection A, the City may impound a shopping or laundry cart that is located outside the business premises without complying with the three (3) day advance notice requirement of Subsection A provided that: 1. The shopping or laundry cart owner has been provided actual notice within 24 hours following the impound, and said notice informs the owner of the location where such cart may be claimed; Page 8 of 10 1 1 2. The impounded shopping or laundry cart is held at a location in compliance with Subsection C; 3. Any shopping or laundry cart reclaimed by the owner within three (3) business days following the date of actual notice of the impound shall be released and surrendered to the shopping or laundry cart owner at no charge whatsoever — including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to Subsections D and E; a. Any shopping or laundry cart reclaimed by the owner thereof within three (3) business days of actual notice of the impound shall not be deemed an "occurrence" for purposes of Subsection E. 4. Any shopping or laundry cart not reclaimed within three (3) business days following the date of actual notice of the impound shall be subject to fees and fines pursuant to Subsections D and E; 5. The City or authorized agent thereof may sell or dispose of any shopping or laundry cart not reclaimed within thirty (30) days following the date of actual notice of _the impound. H. Notwithstanding other provisions of this Section, the City may immediately impound, sell and /or dispose of any shopping or laundry cart that does not contain a permanently affixed sign required pursuant to this Chapter and whose ownership cannot otherwise be ascertained. 5021 Penalty. Notwithstanding any other provision of the municipal code to the contrary, any person >. who violates any provision of this chapter, and any cart owner who violates or fails to comply withz or continuously maintain any provision of the owner's City- approved cart containment and retrieval plan, is guilty of a misdemeanor offense punishable in accordance with Chapter 2 of Title 1 of this Code. 5022 Enforcement. Any person who violates any provision of this chapter, and any cart owner who violates or fails to comply with or continuously maintain any provision of the owner's City- approved cart containment and retrieval plan, shall be subject to enforcement procedures for each violation by any lawful means available to the City, including, but not limited to, those set forth in California Business and Professions Code Division 8 Chapter 19, as well as Title 1, Chapters 1 and 4 and Article C of Title 4, Chapter 2 of this Code. 5023 Applicability of other laws. This chapter does not exclusively regulate the conditions and use of property within the city. This chapter shall supplement other provisions of this code and other statutes, ordinances or regulations now existing or subsequently enacted by the city, the state or any other entity or agency having jurisdiction. 5024 Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, Page 9 of 10 phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 2. This Ordinance shall take effect thirty (30) days after its adoption. The - City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to be published as required by law. PASSED, APPROVED, AND ADOPTED this 6th day of December 2011. ATTEST: 12_ q..0 City" Clerk MAYOR I, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 11 -948 was introduced at the regular meeting of the City Council of the City of Temple City held on the 15th day of November 2011, and was. duly passed, approved and adopted by said Council at the regular meeting held on the 6th day of December 2011 by the following vote: AYES: Councilmember -Blum, Sternquist, Vizcarra, Yu, Chavez NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None City Cler Page 10 of 10