Loading...
HomeMy WebLinkAboutA- 7 Ordinance implementing a "Shopping Cart Fee" The C4yofAzusc Irk" Nfirovi213 E Foothill Blvd.,Azusa California 91702 (626)812-5238 Fax(626)3346358 Rick Cole City Manager MEMORANDUM AGENDA ITEM TO: Honorable Mayor and City Council FROM: Rick Cole, City Manager 47 DATE: January 18, 2000 SUBJECT: Shopping Cart Control Program RECOMMENDATION: The Council adopt a comprehensive framework for reducing the removal of shopping carts from businesses and adopt the attached ordinance implementing a "Shopping Cart Fee" to cover costs. BACKGROUND:While it is illegal under the Azusa Municipal Code to remove shopping carts from business locations,violations of the code have become widespread. Not only do individual businesses suffer significant costs to retrieve or replace missing carts, but the City costs to retrieve the carts has grown to approximately $30,000 annually. The presence of the carts also poses a growing nuisance in residential areas. Councilmember Joe Rocha has spearheaded a collaborative effort to address the problem in meetings with supermarket owners, the California Grocers Association, community residents and city staff. Three key priorities have been identified: • Prevention • Retrieval • Enforcement A comprehensive program has been drafted to deal with each as follows: Prevention: It is important not just to collect stray carts, but to prevent their removal. An ongoing public information campaign is important to reach new residents about the law against shopping cart removal,giving the reasons for it and offering alternatives for those who use the carts to transport their groceries home. While experimenting will undoubtedly reveal the most effective means of education,it is anticipated initially it would deliver the message using such avenues as posters in stores, shopping bags, newspaper ads, utility bill inserts, cable public service announcements,school flyers and the carts themselves.Some cities have had success with a voluntary effort spearheaded by businesses with city support. Others have not. If a voluntary effort were not successful, an alternative method of funding such a program would be to charge a fee to all businesses using Page 2 January 18, 2000 shopping carts in relation to the approximate number they use. One disadvantage of this approach,especially initially, is that it could not be charged to businesses outside city limits that are the source of many stray carts in Azusa. Retrieval:A city ordinance would require businesses that use shopping carts clearly and permanently mark all carts and submit (with their annual business license renewal) a satisfactory program for daily shopping cart retrieval. The City itself would designate the Shopping Cart Retrieval Corporation,Inc.(SCRC),a non-profit set up by the industry, as our retrieval service. This contract would ensure that: • The entire city is canvassed for stray carts seven days a week • An 800 number would be in effect for residents to report stray carts • Businesses that contracted with another retrieval service could get back their retrieved carts for free during the three-day notice period required by law, after which SCRC would be responsible for disposing of them. • An SCRC project manager would provide centralized coordination of retrieval issues The sole cost to the city for this service would be$1.00 for each unmarked cart collected. Some cities have negotiated a flat maximum as well. Enforcement:After a trial period of assessing the cost and effectiveness of the improved prevention and retrieval programs, the code ban on removing shopping carts would be publicized with a date for active enforcement to commence. A warning period would then give way to citations being issued. Fines collected would be earmarked to the prevention educational campaign FISCAL IMPACT:The ongoing public education effort would incur a modest in-kind contribution of public information efforts (use of city cable channel, utility bill inserts etc.)The cost of contracting with the SCRC (approximately$3000 a year)would be one-tenth of the costs currently borne by the City. Attachment A Other cities Downey: Been with SCRC for two years. Very satisfied with effort. Pay$2 an unclaimed cart, maximum $200 a month. El Monte: Previous voluntary efforts had not been successful. Been with SCRC for nearly a year. Very dramatic initial results. Very cost-effective - SCRC charges$200 a month. Some concern in the community that the problem hasn't disappeared completely. Santa Maria: Had several years of unsuccessful voluntary retrieval and prevention efforts. Went with SCRC two years ago. Clearly most cost-effective response to the problem. Some concern about subcontractors performance in responding to hotline,but corrected when SCRC was contacted directly. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING DIVISION III OF ARTICLE VI OF CHAPTER 46 OF THE AZUSA MUNICIPAL CODE REGULATING SHOPPING CARTS AND LAUNDRY CARTS THE CITY COUNCIL OF THE CITY OF AZUSA CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1: Division III of Article VI of Chapter 46 of the Azusa Municipal Code is hereby amended in its entirety to read as follows: "Division 3. REGULATION OF SHOPPING CARTS AND LAUNDRY CARTS Sections: 46-251 Findings and purpose. 46-252 Public nuisance--Declaration. 46-253 Construction. 46-254 Definitions -- Generally. 46-255 Unauthorized removal or possession --Prohibited. 46-256 Identification and retrieval program --Required. 46-257 Removal from parking facilities -- Posting of notice. 46-258 Administration and enforcement. 46-259 Abandoned --Abatement and storage. 46-260 Abandoned--Immediate impoundment. 46-261 Notice of violation --Unidentified cart. 46-262 Unclaimed carts--Disposal. 46-263 Infraction Sec. 46-251 Findings and purpose. The unauthorized use, accumulation, and storage of abandoned shopping carts or laundry carts, or parts thereof, on public and private property is found to create a condition tending to reduce property values,to promote blight and deterioration,to constitute an unattractive 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. The RVPUB\SRC\547910 1 purpose of this division is to prevent the unauthorized use, accumulation, and storage of abandoned shopping carts and laundry carts, or parts thereof, on public and private property,by restricting the removal of carts from parking facilities, requiring identification on carts, and abating abandoned carts in accordance with the provisions of this division. Sec. 46-252 Public nuisance--Declaration. The city council finds and determines that the unauthorized use, accumulation, and storage of abandoned shopping carts and laundry carts on any parcel of land within the city constitutes a public nuisance as it is injurious to the public health, safety, and welfare by having a tendency to degrade the appearance of the community and thereby decrease property values, and it obstructs free access to public and private sidewalks, streets, parking lots, and other ways. Sec. 46-253 Construction. For the purpose of this division, words and phrases not expressly defined in Section 46-254 shall be given their customary and usual meanings and shall be interpreted and construed accordingly. Sec. 46-254 Definitions -- Generally. Whenever the following terms are used in this division,they shall mean the following: A. "Abandoned cart" means a shopping cart or laundry cart located outside the premises or parking facility of the business establishment which furnishes such cart for use. B. "Cart" means a shopping cart or laundry cart as defined in this section which is owned or leased by a business establishment. C. "Director" means the Department Director or employee designated by the City Manager to enforce or carry out the provisions of this division. D. "Laundry cart" means a plastic or metal basket or container mounted on wheels or a similar device, including parts thereof, intended for transporting clothing or other fabrics and cleaning supplies within a laundry or cleaning establishment or designated parking facility. E. "Owner of the cart" means the owner of the shopping cart or laundry cart, his or her agent, or the business establishment which furnishes the cart for use. F. "Parking facility" means an area intended for the parking of vehicles by customers, clients, or patrons of a business establishment. The parking facility of a business establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center. RVPUB\SRC\547910 -2- G. "Private property" means any property not owned or maintained by the City. H. "Public property" means property owned or maintained by the City. I. "Shopping cart" means a plastic or metal basket or container mounted on wheels or a similar device, including parts thereof, intended for transporting goods of any kind within a business establishment or designated parking facility. Sec. 46-255 Unauthorized removal or possession --Prohibited. It is unlawful for any person to do any of the following acts: A. To remove or cause to be removed any cart from a parking facility without the prior written consent of the owner of such cart. B. To possess any cart that has been removed from a parking facility without the prior written consent of the owner of such cart, with the intent to temporarily or permanently deprive the owner of use of the cart upon the premises of the owner's business establishment. C. To alter, convert, or tamper with any cart, or remove any part or portion thereof, or to remove, obliterate, or alter temporarily or permanently deprive the owner or retailer of possession of the cart. D. To abandon or leave any cart, which has been removed from a parking facility, upon any public property. Sec. 46-256 Identification and Retrieval Program--Required. Each cart owner shall cause signs to be permanently affixed to its carts and said signs shall include the following information: A. Identification of the owner of the cart or the business furnishing the cart for use, or both. B. The procedure required for authorized removal of the cart from the parking facility. C. Notification that the unauthorized removal of the cart from the parking facility, or unauthorized possession of the cart, is a violation of law. D. A valid telephone number or address for returning the cart removed from the parking facility to the owner of the cart. RVPUB\SRC\547910 -3- E. Each owner of carts used in the City shall prepare a written annual cart retrieval program and submit said program to the City simultaneously with its original application or renewal application for its business license as required under Chapter 18 of this Code. Sec. 46-257 Removal from parking facilities --Posting of notice. All business establishments furnishing a cart shall post a sign not less than 18 inches in width and 24 inches in height with block lettering not less than a '/2 inch in width and 2 inches in height in a conspicuous place within 10 feet of all customer entrances and exits stating, in substantial form,the following: REMOVAL OF SHOPPING CARTS (or laundry carts, if applicable) FROM THE PARKING FACILITIES WITHOUT THE WRITTEN CONSENT OF THE MANAGER IS PROHIBITED BY LAW. Azusa Municipal Code Section 46-255 (Unauthorized Removal). Sec. 46-258 Administration and enforcement. For purposes of enforcing this division,the Director may enter public or private property with the consent of the property owner, or by warrant,to examine a cart or to cause the removal of such cart if authorized pursuant to this division. Sec. 46-259 Abandoned --Abatement and storage. The Director shall have the authority to remove any abandoned cart on public or private property under the following conditions: A. If the abandoned cart is affixed with the identification required under Section 46- 256, removal may occur three (3)business days after the Director gives the owner of the cart actual notice of the cart's discovery and location. An owner is deemed to have actual notice three (3) days after the deposit of written notice in the United States mail, posted first-class to the address indicated on the cart or the owner's last known address. If actual notice is provided by telephone, the Director shall maintain a record of the time, date, and name of the person notified. B. If the abandoned cart is not affixed with the identification required under Section 46-256, removal may occur either after the Director notifies the owner of the cart by telephone of the cart's discovery and location and grants a reasonable period of time, not to exceed twenty- four hours, for the owner to retrieve such cart, or immediately after reasonable efforts by the Director to notify the owner of the cart by telephone have failed. The Director shall maintain a record of the time, date, and name of the person notified or attempted to be notified. C. Any abandoned cart removed from public or private property by the Director shall be stored for thirty (30) days at the Department of Public Works in the City, or at a location designated by the Director which is reasonably convenient to the owner of the cart and open for business at least six hours of each business day. RVPUB\SRC\547910 -4 D. Any abandoned cart removed from public or private property and stored pursuant to this section shall be released to the lawful owner of the cart if claimed within thirty (30) days after such removal and upon payment of reasonable redemption fees. E. Redemption fees for the removal and storage of any abandoned cart under this section shall be established by city council resolution and shall cover all costs of removal, storage, and related administrative procedures. The schedule for such fees shall remain on file and be available in the office of the City Clerk. The Director shall review such fees once annually and may recommend revisions to the City Council. Sec. 46-260 Abandoned -- Immediate impoundment. Notwithstanding Section 46-259(A), the City may impound an abandoned cart that otherwise meets the criteria set forth in Section 46-259(A) without complying with the three (3) business day advance notice requirement provided that: A. The owner of the abandoned cart is provided actual notice within twenty-four(24) hours following the impound and that notice informs the owner as to the location where the cart may be claimed. B. Any cart so impounded shall be held at a location in compliance with Section 46- 256(C). C. Any cart reclaimed by the owner within three (3)business days following the date of actual notice as provided pursuant to this section, shall be released and surrendered to the owner at no charge whatsoever, including the waiver of any redemption fees that would otherwise be applicable pursuant to Section 46-256(D). D. Any cart not reclaimed by the owner within three (3)business days following the date of actual notice as provided pursuant to this section, shall be subject to any applicable fee or fine imposed pursuant to Section 46-256(D) commencing on the fourth business day following the date of notice. E. Any cart not reclaimed by the owner within thirty (30) days of receipt following the date of actual notice as provided pursuant to this section, may be sold or disposed of in accordance with Section 46-262. F. The City Manager may, in accordance with the applicable City policies, cause the City to enter into a contract with a business or individual to retrieve abandoned carts. Sec. 46-261 Notice of violation --Unidentified cart. Within ten(10) days of the removal of an abandoned cart pursuant to this division, the Director shall provide notice to any known owner of the cart by first-class mail at the address RVPUB\SRC\547910 -5 indicated on the cart or the owner's last known address. The notice shall include the following information: (1) date and location of removal of the cart from public or private property; (2) procedure for recovering such cart; and(3) last possible date such cart may be recovered. If the owner of the cart is unknown and not clearly identified on the cart,the cart shall be designated "unidentified." Immediately following such designation, the Director shall file a record with the City Clerk for each unidentified cart containing the information above and a brief description of the cart. Sec. 46-262 Unclaimed carts --Disposal. Thirty (30) days after notice is given to the owner of the cart, or after the cart is designated "unidentified," pursuant to Section 46-261, any abandoned cart not claimed may be sold at public auction or otherwise disposed of Any proceeds derived from such auction or disposal shall be used to pay the costs of removal, storage, and related administrative procedures. Surplus proceeds derived from such auction or disposal shall be deposited in the general fund of the City. Sec. 46-263 Infraction Any person violating Section 46-255, 46-256, or 46-257 shall be guilty of an infraction. SECTION 2: If any provision or clause of this Ordinance or any application of it to any person, firm, organization,partnership or corporation is held invalid, such invalidity shall not affect other provisions of this Ordinance which can be given effect without the invalid provision or application. To this end,the provisions of this Ordinance are declared to be severable. SECTION 3: This Ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 4: A summary of this Ordinance shall be published in the manner required by law. RVPUB\SRC\547910 -6- PASSED, APPROVED AND ADOPTED this day of , 2000. MAYOR Attest: CITY CLERK Approved as to Form: CITY ATTORNEY RVPUB\SRC\547910 -7 • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Adolph Solis, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 2000, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 2000, by the following vote,to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Adolph Solis, City Clerk APPROVED AS TO FORM: City Attorney RVPUB\SRC\547910 -8-