HomeMy WebLinkAboutORD-20-99 Amend Sec 8.06.030 Abatement of Unattended Shopping CartsORDINANCE NO. 20-
99
r-AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING SECTION 8.06.030
OF THE ORANGE MUNICIPAL CODE RELATING TO
THE ABATEMENT OF UNATTENDED SHOPPING
CARTS.WHEREAS, the proliferation of shopping carts abandoned on 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, 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
private property and is injurious to the public health safety and welfare;
and WHEREAS, in 1996, the City enacted new Chapter 8.06 of the Orange Municipal
Code relating to the abatement of unattended shopping carts, as authorized by State Law;
and WHEREAS, effective January 1, 1999, State Law grants to cities enhanced powers
to immediately remove shopping carts from private
property.NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS
FOLLOWS:SECTION
I:Section 8.06.030 ofthe Orange Municipal Code shall be amended to read as
follows:8.06.030 UnattendedShot:Win~ Carts -- Removal.
A. Except as provided in paragraphs B, C & D below, prior to removing a shopping
cart, the City shall give three business days notice to the owner of the shopping cart or the
owner's agent, of the unattended shopping cart's location. If the shopping cart has not been
removed within three business days, the City may remove the shopping cart and notice of such
removal and storage shall be provided in accordance with Section 8.06.040. The three-
day notice requirement shall only apply if the shopping cart has a sign permanently affixed to
it which contains the following: (1) identifies the owner or retailer; (2) notifies the public of
the procedure to be used for the unauthorized removal of the shopping cart from the premises; (
3)notifies the public that the unauthorized removal of the shopping cart from the premises
or parking area of the retailer or the unauthorized possession of the cart, is a violation of State
Law and, (4) lists a valid telephone number or address for returning the
cart.B. As an alternative to paragraph A above, the City may remove an abandoned
or unattended shopping cart without complying with the three-day advance
notice requirement
1) The owner of the shopping cart is provided actual notice within 24-
hours following the City's removal of the shopping cart as to the location where the shopping
cart may be
claimed.2) Any shopping cart reclaimed by the owner within three business days -..
following the date of actual notice shall be released to the owner at no charge.
3) Any shopping cart not reclaimed by the owner within three business days
following the date of actual notice shall be subject to the applicable removal and storage fees
commencing on the fourth business day following the date of the notice. Notice of such fees
shall be sent in accordance with Section 8.06.040.
4) Any shopping cart not reclaimed by the owner within 30 days of the date
the cart was first removed, may be disposed of as provided in Section 8.06.070.
C. Shopping carts located on property which do not contain information identifying
the owner or retailer by a telephone number or address may be removed immediately and if
possible, notice of removal shall be provided in accordance with Section 8.06.040.
D. Shopping carts located on public and private streets, sidewalks and driveways
impede the provision of emergency services, create a danger for persons attempting to utilize
such public and private ways and impede access to such public ways and other public facilities
by the disabled. Shopping carts which are located in these areas and create these conditions
may be removed immediately and notice of removal shall be provided in accordance with
Section 8..06.040.
SECTION II:
Should any section, subsection, clause, or provision of this Ordinance for any reason be
held to bc~ invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase
hereof would have been prepared, proposed, approved and ratified irrespective of the fact that
anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
SECTION III:
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 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 Clerk shall post in the
Office of the City Clerk 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. This Ordinance shall take effect thirty (30)days
from and after the date of its final passage.Ord.
No. 20-99 2 MEB
Adopted this 14th day of September
f
1999.
ATTEST:
J. ~ ,~)/ 1l~
b" City Cle of the lty of Orange -
r~
STATE
OF CALIFORNIA )COUNTY
OF ORANGE )CITY
OF ORANGE )I,
CASSANDRA J. CATHCART, 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 24th day of August, 1999, and thereafter at a regular meeting of said City Council
duly held on the 14th day of September , 1999, was duly passed and adopted
by the following vote, to wit:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL
MEMBERS: Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez COUNCIL
MEMBERS: None COUNCIL
MEMBERS: None COUNCIL
MEMBERS:Ord..
No.
20-99 3 MEB