HomeMy WebLinkAboutORD-07-06 Amend Ch 8.06- Abandoned Shopping CartsORDINANCE NO. 7-
06 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 8.06
OF THE ORANGE MUNICIPAL CODE
REGULATING THE REMOVAL AND STORAGE OF
ABANDONED SHOPPING
CARTS.WHEREAS, the proliferation of shopping carts abandoned on public and
private property is causing blighted conditions to exist in some areas of the City and results in
the obstruction of free access to both public and private sidewalks, streets and parking lots
and other ways;
and WHEREAS, shopping carts left in public streets and sidewalks can present a danger
to persons attempting to utilize such public ways and can also impede emergency services;
and WHEREAS, the use of shopping carts is inherent in the conduct of some
local businesses and such use is resulting in the proliferation of abandoned shopping carts on
public and private property and is injurious to the public health, safety and welfare;
and WHEREAS, the efforts of the City to involve local businesses utilizing shopping
carts in some type of voluntary retrieval or preventive program has been largely unsuccessful;
and WHEREAS, the State has passed legislation governing the regulation of
unattended shopping carts;
and WHEREAS, the City is authorized by State law to declare what constitutes a
nuisance and to provide for the abatement of such nuisances and recovery of the costs associated
with such
abatement.WHEREAS, in March of 1996, the City Council adopted Ordinance No.
3-96 pertaining to the removal and storage of shopping
carts; and WHEREAS, the Public Works Department has been responsible for this
program for the last several years and would like to reflect that in the
current ordinance.WHEREAS, the proposed ordinance would change the responsible
department from Community Development to
Public Works NOW THEREFORE, the City Council of the City of Orange hereby
ordains
SECTION I:
Section 8.06.040 Notice of Removal and Storage, paragraph 3 is hereby amended to
read as follows:
The shopping cart is being stored by the City at [address]. You may
retrieve your shopping cart by calling [phone number] or personally appearing at the above
address. You will be required to pay the City's costs for removing and storing the shopping cart
prior to it being released into your possession. If you believe that the shopping cart was
removed in error you may request a hearing by submitting a written request for such a hearing
to the Director of Public Works, 300 E. Chapman Avenue, Orange, CA 92866."
SECTION II:
Section 8.06.060 Hearing is hereby amended to read as follows:
If a hearing is requested in writing in accordance with this chapter, it shall be held
within thirty (30) calendar days of receipt of such request. The hearing shall be conducted by
the Director of Public Works or his designee. The City shall have the burden of proving by a
preponderance of the evidence that such removal was valid under this chapter. The hearing
officer shall conduct the hearing and receive evidence. Formal rules of evidence shall not apply.
If the City fails to carry its burden, the shopping cart shall be released without the payment of
the City's costs. The owner or agent may retrieve the cart anytime within thirty (30) days of the
date the cart was first removed. Retrieval of the shopping cart shall be the responsibility of the
owner. This hearing shall be the final administrative remedy."
SECTION III:
Section 8.06.100 Fees is hereby amended to read as follows:
Unless otherwise provided in this chapter, the fees to be charged for the removal and
storage of shopping carts by the City shall be established by resolution of the City Council and
shall not exceed the City's estimated reasonable cost for such removal and storage. The
Director of Public Works shall review such fees as appropriate and recommend any necessary
adjustments to the City Council."
SECTION IV:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance
shall also be published once within fifteen (15) days after this Ordinance's passage in a
newspaper of general circulation, published, and circulated in the City of Orange. The City
Ord. No. 7-06 2
Clerk shall post in the Office of the City Clerk's a certified copy of the full text of such adopted
Ordinance along with the names of those City Council members voting for and against the
Ordinance in accordance with Government Code Section 36933.
ADOPTED this 9th day of May, 2006.
ATTEST:
ity of Orange
L!,-,\f.Mary
E. M range STATE
OF CALIFORNIA )COUNTY
OF ORANGE )CITY
OF ORANGE )I,
MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that
the foregoing Ordinance was introduced at the regular meeting of the City Council held on the
25th day of April, 2006, and thereafter at the regular meeting of said City Council duly held on
the 9th day of May, 2006, was duly passed and adopted by the following vote, to wit:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
Smith, Ambriz, Murphy, Cavecche COUNCILMEMBERS:
None COUNCILMEMBERS:
Dumitru COUNCILMEMBERS:
None City
Clerk, City Ord.
No. 7-06 3 DAD