HomeMy Public PortalAboutOrd. 1568ORDINANCE NO. 1568
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
REPEALING SECTION 3 -15 OF THE LYNWOOD MUNICIPAL CODE IN ITS
ENTIRETYAND ADOPTING A NEW SECTION 3 -15 ESTABLISHING
REGULATIONS REGARDING SHOPPING CARTS
WHEREAS, the residents of the City of Lynwood are concerned by the
problems created in the City by abandoned shopping Carts; and
WHEREAS, abandoned shopping Carts contribute to increased trash,
create potential safety hazards to the public, interfere with pedestrian and
vehicular traffic in the City of Lynwood, and create blight in the overall
community, and
WHEREAS, Business and Professions Code Section 22435.8 allows the
City to adopt an ordinance regulating abandoned shopping Carts provided such
ordinance does not expressly conflict with the Division 8, Chapter 18, Article I of
the Business and Professions Code; and
WHEREAS, the City Council finds and determines that having an
ordinance regulating shopping Carts is important to preserving the public health,
safety and welfare of all residents in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: That a new section 3 -15 titled "SHOPPING CARTS" is added to
Chapter 3 of the Lynwood Municipal Code to read as follows:
3- 15.1.1.1 Definitions
As used in this Section:
"Abandoned Cart" shall mean a Cart, as defined below that has been removed
without written consent of the Owner of the Cart from the O .per's Bus, ^ess
Premises, if it has been left on public property. This provision shall not apply to
Carts that are removed for purposes of repair or maintenance.
"Business" shall mean and include any corporation, joint venture, limited Liability
Corporation, partnership, sole proprietorship, association, or any other legal
entity in existence and doing business in the State of California generally and
more particularly in the City of Lynwood.
"Cart" shall mean a basket which is mounted on wheels or a similar device
generally used in an establishment by a customer for the purpose of transporting
goods of any kind.
"City" shall mean the City of Lynwood.
"Owner" shall mean any person or entity, who in connection with the conduct of a
Business owns, leases, possesses, or makes a Cart available to customers or to
the public. For purposes of this section, Owner shall include any person acting
as an Own'er's designee.
"Premises" shall mean the entire area owned, occupied, and /or utilized by an
Owner which provides Carts for use by customers or other persons, including
any parking lot or other property provided by or on behalf of the Owner for
customer parking or use.
3 -15.2 Applicability.
This section shall apply to all Owners of Business establishments or other
commercial services within the City that provide Carts for customer use or for the
use of the public.
3 -15.3 Notice.
Owners shall post signs prominently and conspicuously, near doors, or exits of
their establishments, in substantially the following form, "REMOVAL OF
SHOPPING CARTS FROM THESE PREMISES IS A CRIME. B &P §22435."
This notice shall be written in both English and Spanish.
3 -15.4 Mandatory Plan to Prevent Cart Removal.
Every Owner who allows or intends to allow the use of Carts shall implement a
specific plan to prevent customers from removing Carts from the Premises. The
plan must include, but is not limited to, the following:
1. Cart Identification and Notice. Every Cart owned or provided by
any establishment in the City must have a sign permanently affixed
to it that contains the following information written in both English
and Spanish:
a. Identity of Owner, establishment, or both.
b. Notification to the public that the removal of the Cart from the
premises is a violation of state law.
C. The Owner's address and phone number for Cart return.
2. Mandatory Cart Retrieval. In addition to the above provisions, an
Owner must implement a seven - day -a -week Cart retrieval program.
The Owner must provide a retrieval plan for Abandoned Carts that
must be approved by the Director of Development Services or
his /her designee. The Owner may use its own employees to
retrieve the Carts, or may hire a company to provide Cart retrieval
services.
3. Retrieval Service. Any Cart retrieval service must be licensed to do
business in the City of Lynwood.
4. Failure to Retrieve. Failure to retrieve Abandoned Carts shall be a
violation of this Section.
5. Phone Number. The Owner must provide a phone number of the
local store to the City employees, residents, and persons to call to
report Abandoned Carts.
6. Call Log. Upon request from the City, the Owner shall provide to
the City a log of telephone calls received from persons who have
reported Abandoned Carts.
3 -15.5 Declaration of Nuisance.
Identified Abandoned Carts left abandoned shall be declared a nuisance,
pursuant to Section 3 -13 of the Lynwood Municipal Code. If the nuisance is to be
abated by the City, the costs incurred by the City will be assessed upon the
shopping Cart Owner.
3 -15.6 Violations; penalties.
Violations of this section shall be a misdemeanor, pursuant to Lynwood Municipal
Code section 1 -5, or may be filed as an infraction by the City Prosecutor. Each
violation of any provision of this section shall constitute a separate offense.
3 -15.7 Non - Exclusive Remedy.
This section is not the exclusive remedy available to the City for regulating
Abandoned Carts and shall be in addition to other regulatory codes, statutes and
ordinances enacted by the City, the State, or any other governmental entity or
agency having jurisdiction.
SECTION 2: If any section, subsection, sentence, clause, phrase, or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining sections, subsections, sentences, clauses, phrase, or
portions of this ordinance. The City Council hereby declares that it would have
adopted this ordinance and each section, subsection, sentence, clause, phrase,
or portions thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
SECTION 3: This Ordinance shall take effect thirty (30) days after its final
passage.
SECTION 4: The City Clerk of the City of Lynwood is hereby directed to certify
to the passage and adoption of this Ordinance and to cause it to be published as
required by law.
First read at a regular meeting of the City Council held on the 4th day of
October , 2005 and adopted and ordered published at a regular
meeting of said Council held on the 18th day of October ,
2005.
r
Ramon Ro nguez, Mayor
ATTEST:
Andrea L. Hooper, City Clerk
"C• 197.11 • •C1/
� ln;
rold Beltran, City Attorney
STATE OF CALIFORNIA }
}ss
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 18th day of October 2005.
AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
P�
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA }
} ss
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. 1568 on file in my office and that said
Ordinance was adopted on the date and by the vote therein stated.
Dated this 16th day of or
tnher , 2005.
Andrea L. Hooper, City Clerk