HomeMy WebLinkAbout09 SHOPPING CARTS 05-19-97DATE:
TO:
FROM:
SUBJECT:
1N~Y 13, 1997
CITY MANAGER
POLICE DEPARTI~NT
SHOPPING CARTS
inter-Com
NO. 9
5-19-97
· x'~' Y "0
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Summary:
Recommendations:
.
.
Council receive and file this interim report.
Direct the police department to continue research and prepare recommendations to be
presented to Council in thirty dayS.
Fiscal Impact:
None at this time.
Background:
On April 14, 1997, the City Council directed the police department to examine the issue of
abandoned shopping carts within the City. This action was taken after considerable effort
and research was put into this issue by the Tustin Pride Committee and the Community
Development department.
In keeping with Council direction, the police department has done extensive research and
surveys of businesses using shopping carts within our City and other cities. We have studied
their abatement efforts, and identified individuals who take shopping carts from the premises
of ri'usfin bUsinesses.
After extensive field interviews and personal contacts, the profile of a person who takes
shopping carts from business premises is as follows:
A female Hispanic, two children, 28.9 years-of-age, either undocumented or refusing to
comment on their legal status within this country. The individual would live in the
southwest portion of the City and speaks Spanish as their primary language. The typical
City Manager
May 13, 1997
Page 2
violators were low-income fam{l~es and would be on welfare or food stamps. They had no
access to personal transportation as in a car or truck. They had no form of personal ID.
Twenty-three markets were identified who had 20 or more shopping carts. Of this 23, 17
contracted for retrieval service. The additional six markets included soft-good stores in the
Tustin Market Place and the Whole-Foods market in the Courtyard shopping center.
Average carts found during the survey indicated that before 10 a.m., an average of 22 were
found abandoned..nffter 10 a.m. the average dropped to ten. 'The cause of this drop appears to
be the impact the retrieval services have on the abandoned shopping carts. All markets
contacted opposed vehemently prosecution of offenders. They were willing to support and, in
fact, contracted ~,ith retrieval services. Some indicated they paid up to $1,000 per month for
this retrieval service to retrieve their stray carts.
We evaluated other programs we were referred to and described as successful. The most
highly recommended programs all revolved around one common theme; retrieval being the
primary solution. This was ~15o the preference ex-pressed by the markets, as they were
surveyed.
The law 'regarding abandoned shopping carts currently is Business and Professions Code
22435. B&P Section 22435.1 as amended by AB 317 (which became effective on January 1,
1997) requires owner idenfi~cation to be present on the carts prior to certain actions being
taken. These B&P sections are misdemeanor sections, requiring prosecution by a District
Attorney. These misdemeanor sections also offer the individual accused of this offense of
having a jury trial. The district attorney has expressed no interest in prosecution of these
misdemeanor sections.
For prosecution as an infraction, a City Ordinance would be required. A citation must be
issued for infraction violations.
Penal Code Section 837.1 lists exceptions to the issuance of a misdemeanor citation. In other
words, ff these conditions are present, booking in the Orange CountY Jail is required:
...likelihood of offense continuing
...cannot provide satisfactory identification.
Satisfactory ID is deemed to be a California ID card, a California Driver's License, or other
picture identification.
Over 76 percent of the violators contacted had no ID spe~fied by the Penal Code. This means
it is mandatory that these individuals be booked into Orange CountY Jail. Orange CountY
Jail will accept these individu_~]s. The cost to the City would be $186 per booking. The jail
will issue a citation and release. As noted prior, the typical violator would have two children
in their presence at time of violation. Should an arrest be made, the children would
necessarily be booked at Orangewood.
City Manager
May 13, 1997
Page 3
To further comphcate this issue, Orange County Jail currently has a 24-hour Immigration and
Naturalization Service person at theft facility. This individual screens all arrestees for
citizenship or legal-entry status. By theft o~m admission, up to 76 percent stand to be
deported based on theft immigration status. This in real terms means 3 out of 4 individuals
found during the survey period would be separated from theft children and family due to a
shopping-cart violation.
Our survey also indicated that 50 percent of the carts we found abandoned within our City
belonged to businesses not within the City limits. These carts provide a unique problem to the
City in methods of dealing with them. We are currently in consultation with the City
Attorney exploring avenues of addressing this issue. The City Attorney has indicated a draft
ordinance will be ready for review in 30 days.
Obviously, this is a comphcated isSue for which there is no simple answer.
Our current efforts have consisted of:
· Education of police officers regarding the shopping-cart problem.
· Interviews to identify and profile violators.
Education through a distribution of over 5,000 flyers through stores, schools, and
personal contact regarding the law, as it pertains to cart removal from the premises.
· - Direct contact to retrieval services for cart removal of those carts found abandoned.
Based on these efforts, it is the police department's opinion that we have noticed a decrease in
stray carts within the City. However, the solution to the problem is not at hand. To resolve
this issue, there must be a joint effort between the community, pohce department, other city
departments, and the City Attorney to provide all avenues necesSary to alleviate this issue.
We are in contact with cart-retrieval services in an attempt to ascertain parameters they
U~e for retrieval. This appears to be a positive avenue that is acceptable to the stores and
the City for prompt removal of abandoned carts.
It is recommended that Council receive this update and direct the Police Department to return
with theft final recommendations and findings on addressing this issue in thirty days.
STEVE FOSTER
Acting Chief of Police
SF:FW:et