HomeMy WebLinkAbout13 ORDINANCE 1184 07-21-97AGENDA
NO. 13
7-21-97
DATE'
JULY 21, 1997
inter-Com
TO'
FROM:'
SUBJECT:
WILLIAM A. HUSTON, CITY' MANAGER
OFFICE OF THE CITY CLERK'
ORDINANCE NO. 1184, ADDING CHAPTER 9 TO ARTICLE 5 RELATED TO THE
ABATEMENT OF NUISANCE SHOPPING CARTS AND AMENDING SECTION 1132:
RELATED TO C!TAT!ON_ PROCE_nU~E~;
Jllsecti°n '1132 of-the ZUstin City:Code related to a'batemefit:O'~:nUi~sance :Sfi:b:PFYhg.]l
il:carts and Citation procedures. Resolution No. 97-70' eStabliShing
I1'retrieve' and/or abate shopping Carts. -
RECOMMENDATION:
,
Have second reading by title only and adoption of Ordinance No. 1184 (roll
call vote).
,
Adopt Resolution No. 97-70 establishing fees to track, retrieve, and/or
abate shopping, carts.
BACKGROUND-
The following Ordinance No. 1184 had first reading and introduction at the July 7,
1997 City Council meeting:
ORDINANCE NO. 1184 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN,'CALIFORNIA, ADDING CHAPTER 9 TO ARTICLE 5 OF THE TUSTIN CITY
CODE RELATING TO THE ABATEMENT OF SHOPPING CART NUISANCE AND
AMENDING SECTION 1132 OF THE TUSTIN CITY CODE
At the July 7, 1997 City Council meeting, the City Attorney recommended
approving the following Resolution No, 97-70 subsequent to adoption of Ordinance
No. 1184:
RESOLUTION NO. 97-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
· OF TUSTIN, CALIFORNIA, ESTABLISHING NUISANCE ABATEMENT FEE UNDER
THE CITY'S SHOPPING CART NUISANCE ABATEMENT REGULATIONS
Beverley White ~)
Deputy City CldrJ<'
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ORDINANCE NO. 1184
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADDING
CHAPTER 9 TO ARTICLE 5 OF THE TUSTIN CITY
CODE RELATING TO THE ABATEMENT OF
SHOPPING CART NUISANCE AND AMENDING
SECTION 1132 OF THE TUSTIN CITY CODE
The City 'Council of the City of Tustin hereby ordains as
follows:
Section 1.
Findings~
a.
The unauthorized removal of shopping carts from the premises
or parking areas of retail establishments often'leads to the
abandonment of shopping carts on public or private property in
view of the public right-of-way.
B .
The proliferation of abandoned shopping carts on public and
private property in view of the public right-of-way Creates
aesthetically detrimental conditions which reduce property
values and create blight. In addition, such abandoned carts
often obstruct access to both public and private sidewalks,
streets, and parking lots and other ways.
C.
The unauthorized removal of shopping carts and their
abandonment in view of the public right-of-way is hereby
declared to be a public nuisance'.
D ~
Some retail establishments in the City contract with shopping
cart retrieval services to collect abandoned shopping carts
that display owner identification, as provided in Section
22435.1 of the Business and Professions Code. (~State Law")
E o
Other retail establishments in the City have either not
identified their shopping carts in accordance with State Law
or have purchased owner identified carts from retail
establishments located outside the City. Such City retail
establishments may not .provide shopping cart retrieval
services.
F~
The City is authorized by the State constitution to enact
local laws to protect the public health, safety and welfare.
G.
A local ordinance is needed to supplement State Law'to abate
the shopping cart nuisance.
S~ction 2. Chapter 9 is hereby added to Article 5 of the Tustin
City Code to read as follows:
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ABATEMENT OF SHOPPING CART NUISANCE
5900
5901
5902
5903
5904
5905
5906
5907
5908
5909
DECLARATION.OF PUBLIC NUISANCE AND PURPOSE
DEFINITIONS
SHOPPING CART NUISANCE ABATEMENT AUTHORITY
REMOVAL OF UNIDENTIFIED CARTS FROM PUBLIC
PROPERTY
DISPOSAL
NUISANCE ABATEMENT FEE
PROHIBITED ACTIVITIES
APPEALS OF CART IMPOUNDS
UNLAWFUL REMOVAL OR POSSESSION OF SHOPPING
CARTS
PENALTIES
5900 DECLARATION OF PUBLIC NUISANCE AND PURPOSE
Abandoned shopping carts located outside the premises or
parking areas of retail establishments and on public or
private properties and viewable from the public right-of-way
are injurious to the public health, safety, and welfare and
constitute a public nuisance (hereinafter ~shopping cart
nuisance"). The nuisance is caused by persons unlawfully
removing shopping carts from the premises or'parking areas of
retail establishments and by.certain retail establishments
failing to maintain adequate supervision of their premises and
parking areas, failing to educate their customers, and failing
to implement effective cart removal prevention programs or
cart retrieval programs. The'purpose of this Chapter is: (a)
to establish reasonable regulations for the collection and
'impound of unidentified shopping carts located on public
property; and (b) to supplement provisions of state law
regarding the unauthorized removal of shopping carts from the
premises and parking areas of retail establishments.
5901 DEFINITIONS
"Authorized Contractor" means a private service provider
selected by the City Council, as described in Section 5902.
~City" means the City of .Tustin or its designated
representatives, as described in Section '5902.
"Person" means an individual or entity as defined in Tustin
City Code Section 1112.
"Public Property" means all real' property in the City in which
a public agency has a fee simple, easement, or leasehold
interest. This includes but is not limited to, streets,
sidewalks, the civic center, parks and flood control
facilities.
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"Owner Identified Shopping Cart" means a shopping cart that
has a permanently affixed sign that identifies, in accordance
with Business and Professions Code 22435.1, the owner of the
cart or the retailer, or both; notifies the public of the
procedure to be utilized for authorized.removal of the cart
from the owner's premises; notifies the public that the
unauthorized removal of the cart from the cart owner's
premises or cart owner's parking area 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 to
the owner Or retailer.
"Retail Establishment', means any trade establishment selling
articles, commodity or any line of merchandise.
~'Shopping Cart" means a basket that is mounted on wheels or a
similar device generally used in retail establishment by a
customer for the purpose of. transporting goods of any kind.
"Unidentified Shopping Cart" means a shopping cart that is not
an owner identified cart, or an owner identified shopping cart
of a retail establishment located outside'the City.
5902 SHOPPING CART NUISANCE ABATEMENT AUTHORITY
Sections 5903-5908 of this Chapter may be implemented and
enforced by designated representatives of the Community
Development Department, Public Works Department,' or Police
Department as designated by their respective Department Heads
in writing, or by private service providers authorized by the
City Council. Such designated representatives or authorized
private service provider may enter onto any public property to
tag, remove, and store any unidentified shopping cart or part
thereof.
5903 REMOVAL OF UNIDENTIFIED CARTS FROM PUBLIC PROPERTY
(a) Upon the discovery of an unidentified shopping cart on
public property, the City or its authorized contractor
may remove the cart. Such carts shall be tagged with
date and location and shall be stored for 30 calendar
days at a location selected by City. A claim for a cart
shall be presented to the Director of Community
Development or designee, and shall be accompanied by
proof of ownership of the cart. A person demonstrating
proof of ownership of a cart stored by City shall pay
City's nuisance abatement fee prior to the cart being
released by City.
(b) This section shall not apply to a cart attended by a
person who can demonstrate proof, satisfactory, to the
City or its 'authorized contractor of ownership of the
shopping cart or written permission of the owner to have
the cart in their possession.
! 5904 DISPOSAL
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After the period specified in Section 5903, the City, or its
authorized contractor, may sell an unclaimed unidentified
shopping cart at public' auction or otherwise dispose of the
cart.
5905 NUISANCE ABATEMENT FEE
An administrative fee to cover the City's costs for the
tagging~ removal, and storage of unidentified shopping carts
and associated administrative activities performed by the City
shall be established by resolution of the City Council. SUch
fee shall not exceed the City's reasonable estimate of actual
costs for such services. From time to time, the Director of
Community Development or designee shall review the fee as
appropriate and recommend any necessary adjustments to the
City Council.
5906 PROHIBITED ACTIVITIES
(a) No person shall remove any tag affixed by the City or its
authorized contractor to an unidentified shopping cart
with the intent of interfering with the enforcement of
the provisions of Section 5903.
(b) No person shall obstruct, impede or interfere with any
representative of the City or its authorized contractor
who is engaged in tagging, removing, or transporting an
unidentified shopping cart in accordance with Section
5903.·
5907 APPEALS OF CART IMPOUND
A person who can demonstrate that he or she is a cart owner
may appeal the imposition of the nuisance abatement fee by
presenting evidence that the cart removal and storage was not
performed substantially in accordance with the provisions of
Section 5903. Appeals shall be made .in writing to the
Director of Community Development~ or designee within 10
calendar days of paying the fee. An office hearing Will be
held within 30 calendar days of the. receipt of such appeal
request. The cart owner or authorized representative may
appear and be heard on the matter. If the Director of
Community Development or designee determines that the shopping
cart was not removed and stored in substantial accordance with
the provisions of Section 5903, the .nuisanCe abatement fee
shall be refunded. The decision of the Community Development
Director or designee shall be final.
5908 UNAUTHORIZED REMOVAL OR POSSESSION OF SHOPPING CARTS
It is unlawful to do any of the following 'acts:
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(a) Remove a shopping cart from the premises or parking area
of a retail establishment.
(b) Be in possession of a shopping cart that has been removed
from the premises or the parking area of a retail
establishment.
(c) Leave or abandon a shopping cart on public or private
property and .at a location other than the premises or
parking area of the retail establishment.
This section shall not apply to a person who can demonstrate
proof, satisfactory, to the arresting officer, of ownership of
the shopping cart or written permission of the owner to have
the cart in their possession.
5909 PENALTIES/REMEDIES NOT EXCLUSIVE
Any person who violates Section 5906 or 5908 may be charged
with an infraction or misdemeanor, as provided in Section
1121. Such a remedy is not exclusive, and the City may pursue
other remedies available to it under State law or local
ordinance.
Section 3.
Section 1132(2) is amended to read as follows:
(2) Community Service Officers, Public Service Officer, Police
Aides and such other employees of the Police Department, designated
by the Chief of Police, shall have the power to make arrests for
any violation of this Code relative to parking, abandonment and
impounding of vehicles and for violations of any of the following
sections of the California Vehicle Code: 4000, 4454, 5200, 5201,
-5204, 22500, 22502, 22505, 22514, 22515, 22516, 22520, 22657, and
22700.
Section 4.
Section 1132(5) is amended to read as follows:
(5) The Director of CommunitY Development, the Building Official,
Code Enforcement Officers, and employees of the Community
Development Department, as designated by the Director of'Community
Development, shall have the power to make arrests for violations of
the provisions of this Code relating to Zoning, the Sign Ordinance,
Building Code, Mechanical Code, Housing Code, Dangerous BUildings
Code, Plumbing and Electrical Code, and provisions of the .Code
relating to graffiti, property maintenance, and shopping cart
nuisance. Employees of the field services division of the Public
WOrks Department, as designated by. the Director of Public Works,
shall have the power to make arrests for the violations of the
provisions of this Code relating to graffiti and shopping cart
nuisance.
Section
Severability
Ail of the provisions of this ordinance shall be construed and
applied together in order to accomplish the purpose of these
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regulations. If any provision of this part is held by a court to
be invalid or unconstitutional, such invalidity or
unconstitutionally shall apply only to the particular facts,
determinations and part of this Ordinance, or if a provision is
declared to be invalid or unconstitutional as applied to all facts,
all of the remaining provisions of this ordinance shall continue to
be fully effective.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin held on the day of , 1997.
JEFFERY THOMAS
Mayor
PAMELA STOKER
City Clerk
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RESOLUTION NO. 97-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ESTABLISHING NUISANCEABATEMENT
FEE UNDER THE CITY'S SHOPPING CART NUISANCE
'ABATEMENT REGULATIONS
WHEREAS, the City Council of the City of Tustin has
adopted Ordinance No. 1104 establishing new.regulations for
the abatement of the shopping cart nuisance; and
WHEREAS, the City Council has determined in the new
regulations to collect and store unidentified shopping carts
located on public property; and
WHEREAS, the new regulations provide for the City to
charge a nuisance abatement fee for the tagging, transporting
and storage of unidentified shopping carts on public property;
and
WHEREAS, the City Council of the City of Tustin, desires
to establish the nuisance abatement fee by Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, finds, determines and orders as follows:
SECTION 1: The Field Services Division of the
Department of Public Works has reasonably estimated that the
City's cost to tag and transport each unidentified shopPing
cart is $73.35. The Field Services Division of the Department
of Public Works has reasonably estimated that the storage cost
for each Shopping cart per day at the City's yard is $15.00.
SECTION 2: The nuisance abatment fees to be charged
for the impound of unidentified shopping carts shall be as
follows:
Unidentified Carts:
Daily Storage:
$73.3'5 per cart
$15.00 per day per Cart
for each' day of storage
to a maximum 30 days
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Resolution No. 97-70
Page 2-
PASSED AND ADOPTED at a regular meeting of. the Tustin
City Council, held on the day of , 1997.
JEFFERY M. THOMAS
MAYOR
PAMELA STOKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
I, Pamela Stoker, City Clerk'and ex-officio Clerk of the .City
Council of the City of Tustin, California, do hereby certify
that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing
Resolution No. 97-70 was duly passed and'adopted at a regular
meeting of the Tustin City Council, held on the day of
, 1997, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBERABSENT:
PAMELA STOKER
CITY CLERK