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HomeMy WebLinkAbout94-16 Abandonment of Shopping Cartsfi. ORDINANCE NO. 94-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING ARTICLE 1 OF CHAPTER. 1 OF TITLE 15 OF THE COSTA MESA MUNICIPAL CODE RELATING TO ABANDONMENT OF SHOPPING CARTS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article 1 is hereby added to Article I of Title 15 of the Costa Mesa Municipal Code to read as follows: "Article 1. ABANDONMENT OF SHOPPING CARTS. Sec. 15-14. Declaration of Public Nuisance. The City Council makes the following findings and declarations: The accumulation. and storage of wrecked, dismantled, or abandoned shopping carts, or parts thereof, on public or private property is found to create a condition tending to reduce property values, to promote blight and deterioration, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to be aesthetically detrimental to the community and to be injurious -to the health,. safety, and general welfare. Therefore, the presence of wrecked, dismantled, or abandoned shopping carts, or parts thereof, on public or private property, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this -Article. Sec. 15-15. Definitions. The following definitions shall apply to this Article:. (a) "Shopping Cart" means a basketwhich is mounted on wheels or a similar device generally used in retail establishments .for the purpose of transporting goods of any kind. (b) "Public property" means and includes, but is not limited to, all areas dedicated to -public use for public street purposes, roadways., parkways, alleys, sidewalks, flood control channels and'. any public right-of-way. (c) "Parkway" means that area between the sidewalks and the curb of any street, and where there- is no sidewalks, that area between the edge of the roadway -and the property line adjacent thereto. Parkway shall -also include any area within a roadway which isnot open to vehicular travel. Sec. 15-16. Abandoned Cart. (a) When a shopping cart, is left standing on any public or private property, the shopping cart shall be deemed to be abandoned and, therefore, a public nuisance,pursuant to this Article. The provisions of this section shall not apply to shopping carts left standing on private property (including the common areas of -.shopping centers adjacent thereto) of the owner, of the. shopping cart according -to. -the -name, of such owner affixed thereto as required by Section 15-20 of this Article. In'the event that .a shopping cart-is'left standing on any public or private property or, in the event the cart violates,Section 15-21.2 of this Article, ,the owner thereof shall.be responsible and liable for the removal and disposition of the abandoned shopping cart as provided in this Article. (b) The -City Manager may exempt a shopping cart owner from the provisions of this section if the cart owner has implemented a 2 plan whereby employees provide cart retrieval, or whereby the cart owner has entered into a contract with a cart retrieval service and has provided the City with proof of such contract, provided the frequency of cart retrieval service meets the City Manager's approval. Sec. 15-17'.. Administration and Enforcement. Except as otherwise provided in this Article, the provisions of this Article shall be administered and enforced by the City Manager or his authorized representative. In the enforcement of this Article, the City Manager or his authorized representative. may enter onto public or private property to examine a shopping cart or parts thereof, or .to obtain information as to the _identify of a shopping cart and to remove, or cause the removal of, a I shopping cart, or parts thereof, declared to be a nuisance pursuant to this Article. Sec. 15-18. Shopping Cart Abatement. (a). Upon discovering the existence of a wrecked, dismantled or abandoned shopping cart, or parts thereof,'on public or private property within the City, the City Manager, or his authorized representative shall have the authority'to cause the abatement and removal thereof in accordance with the procedure described in this Article. (b) -The'City Attorney .is authorized and may institute an action in any court of competent jurisdiction to restrain, enjoin, or abate any, shopping cart and/or merchandise on public property found to be in violation of this section, and collect abatement costs and/or civil penalties assessed pursuant to this section and as provided by law. -3 Sec. 15-19.1. Removal of Wrecked Shopping Carts. The City Manager, or his authorized designee, may determine that a wrecked shopping cart abatedaccording to the provisions of this Article is in such poor condition that.it may -be immediately disposed of. This action will be a discretionary decision of the City Manager or his authorized designee. Sec.'15-19.2.' Assessments for Shopping. Cart Removal and Hearings. (a). Upon the abatement and removal of any. shopping cart located on public or private, property within the City, the City Manager or his authorized, representative shall notify the owner thereof (if the same can be. ascertained)` by mailing a notice of abatement to the last known address of the owner. Such notice shall state the.date the,shoppng cart was removed.from public or private property, the location and procedure for retrieval of the shopping cart, and a statement that; in order to.receive'a hearing with regard to the removal of the shopping cart, the owner or its agent shall submit a request for.such hearing.either in person or iri writing within .ten (10) days of the date appearing on the notice. Any such shopping cart removed. -and stored pursuant to these provisions shall be released to the owner thereof if claimed within thirty (30) days after.such removal.and upon the payment of reasonable administrative fees... Such administrative fees.may be waived if, after a hearing has-been requested, a determination is made at such hearing. that upon a finding of good cause, the administrative fees may be waived. ..(b) The,administrative fees for the removal and storage of the shopping cart shall be .established or modified by resolution of 4 the City Council and shall include the actual cost or removal. and storage of any shopping cart, or parts thereof, plus the. proportional share of administrative costs in connection therewith. (c) Any hearing which is requested shall be conducted within, five (5).- days of the receipt -of the request for such hearing, excluding weekends and holidays, by the.City Manager, or his/her designate; who should be designated as the..hearing officer. The failure of either the owner or its . agent to request a hearing shall satisfy the hearing requirement. -'If it is determined at a hearing that reasonable grounds for the abatement and removal of a shopping cart are not established, no fee for removal and storage'of such shopping cart shall be.imposed. At the close of the hearing, the hearing officer shall determine whether good cause was shown for the abatement or removal of the shopping cart from the public or private.'property. The decision of the hearing officer shall be deemed the final administrative determination. If good cause is shown for the abatement and removal of the shopping cart, the owner or its agent shall have fifteen '(15) days -from the date of the hearing to retrieve its'..shopping cart upon payment of the administrative fee. If good cause is not shown for the abatement and.removal of the shopping -cart fr.om.public or private property, the administrative fee shall be waived and the owner or its agent shall have fifteen (15) days to retrieve its shopping cart from the storage area. (d) Any.shopping carts which are not retrieved by.the owner of'such shopping cart within thirty, (30) days after the mailing of written, notice .of.abatement when such -owner has not requested a hearing in accordance with this section, or within thirty (3 0) days 5 of storage of the cart by the City ,in, all other .cases, shall be deemed to be permanently abandoned and may be sold at public auction or otherwise disposed of at the end of thirty- (30) days following such notice. (e) At such time as may be convenient to the City, the City shall advertise for the sale of permanently abandoned (as provided in subsection (d) of this section) shopping carts. Notice of such sale shall be posted in three conspicuous places located within the City. Ten (10) days after the posting of such notice and the time and place fixed in the notice for said sale or at such times and places:as the sale may be reasonably continued, such shopping cart may be.sold along with other shopping carts, and delivered to the highest bidder free and clear of the claims.of the owner thereof. (f) The proceeds of such sale shall be disbursed to the City. (g) In addition to any other penalty or cost provided in this section, any person found by the hearing officer to have repeated violations.of.this Article shall be subject to and pay to the City civil penalties in an amount to .be set by resolution of the City Council for each illegal: shopping cart and/or merchandise removed., Sec. 15-20. Identification of Shopping Carts. All shopping carts "used in the City shall be- properly identified bythe. owner thereof, including the name of the local store in which such shopping cart is to be used. All persons owning shopping carts within the City for use of their customers to take outside of the buildings shall have firmly affixed thereto the owner's identification. Sec. 15-21.1. Removal.From Premises Prohibited -Exceptions. 6 No, person shall remove from the. immediate store or parking, premises of any food store, market or other mercantile establishment in the City, any shopping cart, wagon or similar device, bearing a notification affixed in a conspicuous place thereon unless such person is the owner :or owner's employee or agent. Sec. 15-21.2. Abandonment Prohibited.. No person shall abandon or leave any shopping cart, wagon or device which has been removed.from the owner's premises upon any public street, alley, sidewalk, parkway or, other place, or upon any private property (except.that of the owner of the cart, wagon or device) not under the control of such person abandoning or leaving ,such cart, wagon or device. Sec. 15-22. owner's Responsibility to Prevent Littering. The action of an owner or owner's agent or employee to permit any such cart, wagon or device to be removed from the owner's premises shall be considered littering. Sec. 15-23. Unlawful Possession. No person shall have in his/her possession any shopping cart, wagon or device which has been removed from the owner's premises. without authorization or which has been abandoned or left on private property under circumstances as described in Section 15- 21. . 2 5-21.2 of this Article, unless such person having possession has notified the Police Department of the presence and location,of such cart, wagon or device.'- Sec. evice:Sec. 15-24. Supplementation of Codes, Statutes, ordinances, etc. 7 This Article is not to be construed as the exclusive regulation of wrecked, dismantled or abandoned shopping carts with the City. It shall supplement and. be in addition ,to other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, State or other legal entity or agency having jurisdiction. This article shall take effect on March 1, 1995. Section 2. Severability. If any provision or clause of this article or the application thereof to any _person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this, article which can be implemented without the invalid provision, clause or application; and to this end, the -provisions of this article are declared to be severable." Section 3. Publication. This Ordinance shall take effect and be in full force and effect on March 1, 1995, .and before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper of general circulation printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five.(5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. 8 PASSED AND ADOPTED this 19th day of December, 1994. f Ma o of the City of -Costa Mesa ATTEST: STATE OF -CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF,.COSTA MESA ) �-ISP R011ED AS TO FORM � lGc!`0 CITY WTORNEY I,, MARY T. ELLIOTT,-Deputy-City Clerk and ex -officio clerk of the City Council. of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 94-76 was introduced and considered section by. section at a regular meeting of said City Council held on the 21st day of December, 1994,, and thereafter' passed -and adopted as a whole .at a, regular meeting -of. said City Council held on the 19th day of December, 1994, by the following roll call vote: AYES':. Erickson, Buffa, Genis NOES: Hornbuckle, Monahan . ABSENT: None IN WITNESS WHEREOF, I'have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 20th day of December, 1994. r Deputy C' y Clerk and ex -officio,. Clerk of he City Council of the City.'of Costa Mesa 9 EXHIBIT A Sec. 15-14. Declaration of Public Nuisance Sec. 15-15. Definitions Sec. 15-16. Abandoned Cart Sec. 15-17. Administration and Enforcement Sec. 15-18. Shopping Cart Abatement Sec. 15-19.1. Removal of Wrecked Shopping Carts Sec. 15-19.2. Assessments for Shopping Cart Removal -Hearings Sec. 15-20. Identification of Shopping Carts Sec. 15-21.1. Removal from Premises Prohibited -Exceptions Sec. 15-21.2. Abandonment Prohibited Sec. 15-22. Owner's Responsibility to Prevent Littering Sec. 15-23. Unlawful Possession Sec. 15-24. Supplementation of Codes, Statutes, Ordinances, etc. 10