HomeMy WebLinkAboutORD 1184 (1997) ] ORDINANCE NO. 1184
2 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADDING
3 CHAPTER 9 TO ARTICLE 5 OF THE TUSTIN CITY
CODE RELATING TO THE ABATEMENT OF
4 SHOPPING CART NUISANCE AND AMENDING
SECTION 1132 OF THE TUSTIN CITY CODE
6 The City Council of the City of Tustin hereby ordains as
follows:
7
Section 1. Findings
A. The unauthorized removal of shopping carts from the premises
9 or parking areas of retail establishments often leads to the
abandonment of shopping carts on public orprivate property in
]0 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
]2 aesthetically detrimental conditions which reduce property
values and create blight. In addition, such abandoned carts
13 often obstruct access to both public and private sidewalks,
streets, and parking lots and other ways.
]4
C. The unauthorized removal of shopping carts and their
]5 abandonment in view of the public right-of-way is hereby
declared to be a public nuisance.
]6
D. Some retail establishments in the City contract with shopping
]7 cart retrieval services to collect abandoned shopping carts
that display owner identification, as provided in Section
is 22435.1 of the Business and Professions Code. (~State Law")
]9 E. Other retail establishments in the City have either not
identified their shopping carts in accordance with State Law
20 or have purchased owner identified carts from retail
establishments located outside the City. Such City retail
2] establishments may not provide shopping cart retrieval
services.
22
F. The City is authorized by the State constitution to enact
23 local laws to protect the public health, safety and welfare.
24 G. A local ordinance is needed to supplement State Law to abate
the shopping cart nuisance.
25
Section 2. Chapter 9 is hereby added to Article 5 of the Tustin
26 City Code to read as follows:
27 ///
1 ABATEMENT OF SHOPPING CART NUISANCE
5900 DECLARATION OF PUBLIC NUISANCE AND PURPOSE
3 5901 DEFINITIONS
5902 SHOPPING CART NUISANCE ABATEMENT AUTHORITY
4 5903 REMOVAL OF UNIDENTIFIED CARTS FROM PUBLIC
PROPERTY
5 5904 DISPOSAL
5905 NUISANCE ABATEMENT FEE
6 5906 PROHIBITED ACTIVITIES
5907 APPEALS OF CART IMPOUNDS
7 5908 UNLAWFUL REMOVAL OR POSSESSION OF SHOPPING
CARTS
S 5909 PENALTIES
9 5900 DECLARATION OF PUBLIC NUISANCE AND PURPOSE
10 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
]2 constitute a public nuisance (hereinafter ~shopping cart
nuisance"). The nuisance is caused by persons unlawfully
]3 removing shopping carts from the premises or parking areas of
retail establishments and by certain retail establishments
]4 failing to maintain adequate supervision of their premises and
parking areas, failing to educate their customers, and failing
15 to implement effective cart removal prevention programs or
cart retrieval programs. The purpose of this Chapter is: (a)
16 to establish reasonable regulations for the collection and
impound of unidentified shopping carts located on public
]7 property; and (b) to supplement provisions of state law
regarding the unauthorized removal of shopping carts from the
]8 premises and parking areas of retail establishments.
19 5901 DEFINITIONS
20 ~Authorized Contractor" means a private service provider
selected by the City Council, as described in Section 5902.
21
~City" means the City of Tustin or its designated
22 representatives, as described in Section 5902.
23 ~Person" means an individual or entity as defined in Tustin
City Code Section 1112.
24
~Public Property" means all real property in the City in which
2S a public agency has a fee simple, easement, or leasehold
interest. This includes but is not limited to, streets,
26 sidewalks, the civic center, parks and flood control
facilities.
27
///
28
1100. )012
48461 1
1 ~Owner Identified Shopping Cart" means a shopping cart that
has a permanently affixed sign that identifies, in accordance
2 with Business and Professions Code 22435.1, the owner of the
cart or the retailer, or both; notifies the public of the
3 procedure to be utilized for authorized removal of the cart
from the owner's premises; notifies the public that the
4 unauthorized removal of the cart from the cart owner's
premises or cart owner's parking area or the unauthorized
5 possession of the cart, is a violation of state law; and lists
a valid telephone number or address for returning the cart to
6 the owner or retailer.
7 ~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
9 similar device generally used in retail establishment by a
customer for the purpose of transporting goods of any kind.
]0
~Unidentified Shopping Cart" means a shopping cart that is not
]l an owner identified cart, or an owner identified shopping cart
of a retail establishment located outside the City.
]2
5902 SHOPPING CART NUISANCE ABATEMENT AUTHORITY
13
Sections 5903-5908 of this Chapter may be implemented and
]4 enforced by designated representatives of the Community
Development Department, Public Works Department, or Police
]5 Department as designated by their respective Department Heads
in writing, or by private service proriders authorized by the
]6 City Council. Such designated representatives or authorized
private service prorider may enter onto any public property to
]7 tag, remove, and store any unidentified shopping cart or part
thereof.
5903 REMOVAL OF UNIDENTIFIED CARTS FROM PUBLIC PROPERTY
]9
(a) Upon the discovery of an unidentified shopping cart on
20 public property, the City or its authorized contractor
may remove the cart. Such carts shall be tagged with
2] date and location and shall be stored for 30 calendar
days at a location selected by City. A claim for a cart
22 shall be presented to the Director of Community
Development or designee, and shall be accompanied by
23 proof of ownership of the cart. A person demonstrating
proof of ownership of a cart stored by City shall pay
24 City's nuisance abatement fee prior to the cart being
released by City.
25
(b) This section shall not apply to a cart attended by a
26 person who can demonstrate proof, satisfactory, to the
City or its authorized contractor of ownership of the
27 shopping cart or written permission of the owner to have
the cart in their possession.
28
! 5904 DISPOSAL
2 After the period specified in Section 5903, the City, or its
authorized contractor, may sell an unclaimed unidentified
3 shopping cart at public auction or otherwise dispose of the
cart.
4
5905 NUISANCE ABATEMENT FEE
An administrative fee to cover the City's costs for the
6 tagging, removal, and storage of unidentified shopping carts
and associated administrative activities performed bythe City
7 shall be established by resolution of the City Council. Such
fee shall not exceed the City's reasonable estimate of actual
s costs for such services. From time to time, the Director of
Community Development or designee shall review the fee as
9 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
12 authorized contractor to an unidentified shopping cart
with the intent of interfering with the enforcement of
13 the provisions of Section 5903.
]4 (b) No person shall obstruct, impede or interfere with any
representative of the City or its authorized contractor
]5 who is engaged in tagging, removing, or transporting an
unidentified shopping cart in accordance with Section
16 5903.
17 5907 APPEALS OF CART IMPOUND
18 A person who can demonstrate that he or she is a cart owner
may appeal the imposition of the nuisance abatement fee by
19 presenting evidence that the cart removal and storage was not
performed substantially in accordance with the provisions of
20 Section 5903. Appeals shall be made in writing to the
Director of Community Development or designee within 10
21 calendar days of paying the fee. An office hearing will be
held within 30 calendar days of the receipt of such appeal
22 request. The cart owner or authorized representative may
appear and be heard on the matter. If the Director of
23 Community Development or designee determines that the shopping
cart was not removed and stored in substantial accordance with
24 the provisions of Section 5903, the nuisance abatement fee
shall be refunded. The decision of the Community Development
25 Director or designee shall be final.
26 5908 UNAUTHORIZED REMOVAL OR POSSESSION OF SHOPPING CARTS
27 It is unlawful to do any of the following acts:
1100 )012
4846] 1
1 (a) Remove a shopping cart from the premises or parking area
of a retail establishment.
2
(b) Be in possession of a shopping cart that has been removed
3 from the premises or the parking area of a retail
establishment.
4
(c) Leave or abandon a shopping cart on public or private
5 property and at a location other than the premises or
parking area of the retail establishment.
6
This section shall not apply to a person who can demonstrate
7 proof, satisfactory, to the arresting officer, of ownership of
the shopping cart or written permission of the owner to have
s the cart in their possession.
9 5909 PENALTIES/REMEDIES NOT EXCLUSIVE
10 Any person who violates Section 5906 or 5908 may be charged
with an infraction or misdemeanor, as provided in Section
11 1121. Such a remedy is not exclusive, and the City may pursue
other remedies available to it under State law or local
]2 ordinance.
13 Section 3. Section 1132(2) is amended to read as follows:
14 (2) Community Service Officers, Public Service Officer, Police
Aides and such other employees of the Police Department, designated
15 by the Chief of Police, shall have the power to make arrests for
any violation of this Code relative to parking, abandonment and
16 impounding of vehicles and for violations of any of the following
sections of the California Vehicle Code: 4000, 4454, 5200, 5201,
17 5204, 22500, 22502, 22505, 22514, 22515, 22516, 22520, 22657, and
22700.
Section 4. Section 1132(5) is amended to read as follows:
]9
(5) The Director of Community Development, the Building Official,
20 Code Enforcement Officers, and employees of the Community
Development Department, as designated by the Director of Community
2] Development, shall have the power to make arrests for violations of
the provisions of this Code relating to Zoning, the Sign Ordinance,
22 Building Code, Mechanical Code, Housing Code, Dangerous Buildings
Code, Plumbing and Electrical Code, and provisions of the Code
23 relating to graffiti, property maintenance, and shopping cart
nuisance. Employees of the field services division of the Public
24 Works Department, as designated by the Director of Public Works,
shall have the power to make arrests for the violations of the
25 provisions of this Code relating to graffiti and shopping cart
nuisance.
26
Section 5. Severability
27
All of the provisions of this ordinance shall be construed and
2S applied together in order to accomplish the purpose of these
~00- ~0~2 5
48461
] regulations. If any provision of this part is held by a court to
be invalid or unconstitutional, such invalidity or
2 unconstitutionally shall apply only to the particular facts,
determinations and part of this Ordinance, or if a provision is
3 declared to be invalid or unconstitutional as applied to all facts,
all of the remaining provisions of this ordinance shall continue to
4 be fully effective.
5 PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin held on the 21st day of July , 1997.
6
7
9 Mayo~ T~MAS
]0
12 A STOkE~ ~' ~ '
City Clerk
]3
]4
]6
]7
]9
20
2]
22
23
24
25
26
27
4846] 1 6
1 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s s.
2 CITY OF TUSTIN )
3
CERTIFICATION FOR ORDINANCE NO. 1184
4
5 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council
of the City of Tustin, California, does hereby certify that the
6 whole number of the members of the City Council of the City of
Tustin is five; that the above and foregoing Ordinance No. was duly
7 and regularly introduced and read at the regular meeting of the
City Council held on the 7th day of July , 1997 and
s was given its second reading, passed and adopted at a regular
meeting of the City Council held on the 21st day of
9 July , 1997 by the following vote:
]0 COUNCILPERSONS AYES: Thomas, Saltarelli, Doyle, Ports, Worley
COUNCILPERSONS NOES: None
]] COUNCILPERSONS ABSTAINED: None
COUNCILPERSONS ABSENT: None
]2
14 P~' STOKER
City Clerk
]5
16
]7
]8
19
20
23
24
25
26
27
48461 7