Loading...
HomeMy WebLinkAbout01-13 Abandonment of Shopping CartsORDINANCE NO. o [ - /3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REPEALING AND REPLACING TITLE 15, CHAPTER I, ARTICLE 1 OF THE COSTA MESA MUNICIPAL CODE REGARDING ABANDONMENT OF SHOPPING CARTS WHEREAS, the California Legislature has found that the retrieval by local government agencies of abandoned shopping carts is in need of uniform statewide regulation and constitutes a matter of statewide concern; and WHEREAS, the requirements and restrictions imposed by this chapter are reasonably necessary to provide for the effective removal of abandoned shopping carts, both identified and unidentified, from the public right-of-way, and are not inconsistent with current State law; and WHEREAS, the current Costa Mesa Municipal Code does not reflect the 1998 amendment to California Business and Professions Code § 22435.7; WHEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDAIN AS FOLLOWS: Section 1. That Chapter I, Article 1 of Title 15 of the Costa Mesa Municipal Code is repealed and replaced with the following new Article 1: ARTICLE 1 ABANDONMENT OF SHOPPING CARTS Sec. 15-14. Definitions. Sec. 15-15. Declaration of Public Nuisance. Sec. 15-16. Enforcement. Sec. 15-17. Removal of Shopping Carts from Retail Establishments Prohibited. Sec. 15-18. Removal of Unidentified Carts. Sec. 15-19. Removal of Identified Carts. Sec. 15-20. Disposal. Sec. 15-21. Nuisance Abatement Administrative Fee and/or Fine. Sec. 15-22. Redemption by Owner. Sec. 15-23. Appeal of Cart Impound. See. 15-24. Penalty for Violation. See. 15-14. Definitions. "City" means the City of Costa Mesa or its designated representatives. "Contractor" means an authorized independent contractor approved by the City Council for the purpose of effecting the removal of abandoned shopping carts. "Person" means a natural person, firm, association, organization, partnership, business, trust, corporation, limited liability company, or other entity. "Cart owner" or "owner" means every person who, in connection with the conduct of a business, including but not limited to a retail establishment, owns, rightfully possesses, or makes any cart available to patrons and/or the public. This shall include the owner's agent or authorized representative. "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. "Identified 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; lists a valid telephone number or address for returning the cart to the owner of retailer. "Retail establishment" means any trade establishment selling articles, commodities, or any line of merchandise. "Shopping cart" or "cart" means a basket that is mounted on wheels or a similar device generally used in retail establishments by a customer for the purpose of transporting goods of any kind. "Unidentified cart" means a shopping cart that is not an identified cart, or an identified cart of a retail establishment located outside the City. "Abandoned shopping cart" means any cart located outside the premises or parking lot of a retail establishment which owns the cart. See. 15-15. Declaration of a Public Nuisance. Abandoned, wrecked or dismantled shopping carts located outside the premises or parking areas of retail establishments and on public or private properties is declared to constitute a public nuisance that could impede emergency services, reduce property values, promote blight and deterioration, comprise an attractive nuisance, create potential hazards to the health, safety and general welfare of the community, and interfere with pedestrian and vehicular traffic within the City. Sec. 15-16. Enforcement. The provisions of this Chapter may be enforced by the City Manager or his designee, including, but not limited to, the City's authorized contractor. Sec. 15-17. Removal of Shopping Carts From Retail Establishments Prohibited. It is prohibited for any person other than the cart owner or his authorized representative to remove a cart from the premises of a retail establishment that owns or rightfully possesses the cart, unless the cart owner expressly authorizes removal of the cart in writing. Sec. 15-18. Removal of Unidentified Carts. Once an unidentified cart is discovered on public or private property, the City or its authorized contractor may remove and impound said cart. If the removal is from private property, the City or its authorized contractor must first obtain the property owner's consent. The unidentified cart shall be marked with a tag indicating the date and location of its discovery and shall be stored for 30 calendar days at.a location selected by the City. Any claims for an unidentified cart shall be presented to the Director of Public Services or his designee, and shall be accompanied by proof of ownership of the cart. A person demonstrating proof of ownership of an unidentified cart stored by the City shall pay the City's nuisance abatement fee prior to the cart being released by the City. This section shall not apply to an unidentified cart attended by a person who can demonstrate to the City, or its authorized contractor satisfactory proof of ownership of the shopping cart or written permission of the owner to have the cart in their possession. See. 15-19. Removal of Identified Carts. A. The City, or its authorized contractor, may remove and impound any abandoned identified shopping cart from any public or private property (if from private property consent must first be obtained), provided the following has occurred: 1. The identified cart is located outside the premises or parking area of the retail establishment that owns the cart; 2. The owner of the identified cart or his representative has received actual notice within 24 hours following the impound of the cart as to the location where the cart may be claimed; B. Notwithstanding subsection A of this section, the City or its authorized contractor may remove and impound any identified cart from any public or private property in instances where the location of the cart may impede emergency services. Sec. 15-20. Disposal. Any identified or unidentified cart not reclaimed from the City within 30 days of receipt of a notice of impoundment by the owner of the cart, may be sold or otherwise disposed of by the City. In the event a cart remains unclaimed, is disposed of or destroyed, the City reserves the right to collect any applicable redemption fees and/or fines from the cart owner. Sec. 15-21. Nuisance Abatement Administrative Fee and/or Fine. A. Unidentified Carts. An administrative fee to cover the City's cost 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 cost for such services. In the event an unidentified cart is claimed by its owner, a fine may be imposed as set forth in § 15-21 (B) herein below, in addition to the City's administrative fee. B. Identified Carts. In addition to the payment of an administrative fee as set forth in § 15-21 (A) hereinabove, the owner of an identified cart may also be subject to a fine in the maximum amount established by Business and Professions Code § 22435.7 (f), as may be amended from time to time, for each occurrence in excess of three during any six-month period for failure to retrieve identified carts in accordance with this Chapter. An occurrence includes all identified carts impounded by the City or its authorized contractor in a one -day period. Sec. 15-22. Redemption by Owner. A. A cart owner or his authorized representative, may, upon prior appointment, inspect impounded carts to determine if any of the owner's carts are present and may redeem such carts upon proof of ownership and payment of all applicable administrative fees and/or fines. B. An impounded cart may be redeemed by the owner at any time during normal business hours prior to disposal or destruction. The owner shall be entitled to receive the cart upon payment of all applicable administrative fees and/ or fines. C. Any impounded cart redeemed by the owner or his authorized representative within three business days following the date of actual notice of impoundment shall be released and surrendered to the owner or his authorized agent at no charge, including the waiver of any administrative fees and/or fines that would otherwise be applicable pursuant to § 15-21 of this Chapter. D. Any impounded cart redeemed by the owner or his authorized representative within three business days following the date of actual notice of impoundment shall not be deemed an occurrence for purposes of § 15-21 (B) of this Chapter. E. Any impounded cart that is not redeemed by the owner or his authorized representative within three business days following the date of actual notice of impoundment shall be subject to 0 any applicable administrative fees and/or fines imposed pursuant to § 15-21 of this Chapter, commencing on the fourth business day following the date of the notice of impoundment. F. No cart shall be released to a person seeking to redeem an impounded cart, unless such person submits, to the sole satisfaction of the City, proof of ownership or right to possession of the impounded cart. G. Any release of a cart to a person deemed by the City to be entitled thereto, shall be an absolute defense of the City against any other person claiming to be entitled thereto. Sec. 15-23. Appeals of Cart Impound. A person who can demonstrate that they are the owner of an impounded cart may appeal the imposition of the nuisance abatement administrative fee and/or fine by presenting evidence that the cart removal and storage was not performed substantially in accordance with the provisions of this Chapter. Appeals shall be made in writing to the Director of Public Service or his designee within 10 calendar days of paying the fee and/or fine. An administrative hearing will be held within 30 calendar days of the receipt of a request for an appeal. The cart owner or authorized representative shall appear and be heard on the matter. If the Director of Public Service or his designee determines that the shopping cart was not removed and stored in substantial accordance with the provisions of this Chapter, the nuisance abatement administrative fee and/or fine shall be refunded. The decision of the Public Services Director or his designee shall be final. Sec. 15-24. Penalty for Violation. Any violation of the provisions of this Chapter shall be deemed to be an infraction, and punishable as such, notwithstanding the fact that at the discretion of the City, the violation of any section of this Chapter may be filed as a misdemeanor. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction. Each day a violation of any provision of this Chapter shall continue shall be a new and separate violation. A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the City through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. Section 2. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. Section 3. 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 portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage. PASSED AND ADOPTED this W-LIday of %Zt-Qy,,C 92001. ATTEST: I - Deputy City Jerk of the City oflCosta Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM: /City Attorney 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. 04-1� was introduced and considered section by section at a regular meeting of said City Council held on the 5'`- day of Uk&AC,-, 2001, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the tq' day of rKa+ACom. , 2001, by the following roll call vote: AYES: COGS AAJ� 0; )Co A Mo A/A A/A AJ 013;A�66 A3 Si t a NOES: AJ O nl E ABSENT: 1J 0 AJ 15 IN WITNESS -)YHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this - a�'aay of D -,2001. Deputy CClerk and ex -officio Clerk of t e City Council of the _ City of Costa Mesa C''