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HomeMy WebLinkAboutORD-03-96 Add Ch. 8.06 Abatement of Unattended Shopping CartsORDINANCE NO 3- 96 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE ADDING CHAYfER 8.06 TO THE ORANGE MUNICIPAL CODE RELATING TO THE ABATEMENT OF UNATTENDED SHOPPING CARTS WHEREAS, the proliferation of shopping cmts abandoned on public and private property is causing blighted conditions to exist in some areas of the City and results in the obstruction offree 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 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 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.NOW, THEREFORE, the City Council of the City of Orange does ordain as follows:Chapter 8.06 shall be added to the Orange Municipal Code to read as follows: Sections:8.06. 010 8.06. 020 8.06. 030 8.06. 040 8.06. 050 8.06. 060 8.06. 070 8.06. 080 8.06. 090 8.06. 100 8.06. 110 8.06. 120 Chapter 8. 06 ABATEMENT OF UNATTENDED SHOPPING CARTS Purpose. Enforcement.Unattended Shopping Carts on Public Property-Removal.Unattended Shopping Carts on Private Property-Removal.Notice of Removal and Storage.Release of Shopping Cart to Owner.Hearing. Disposal.Business Plans.Unlawful Removal or Possession, Shopping 8.06.010 Puq>ose. The proliferation of shopping carts abandoned on public and private property is causing blighted conditions in some areas of the City and results in the obstruction of free access to public and private sidewalks, streets, parking lots and other ways and therefore are declared by the City to be a nuisance. The purpose of this chapter is to set forth reasonable regulations for the removal of abandoned shopping carts, to encourage store owners to adopt programs to retrieve and/or prevent the theft of shopping carts and to recoup the City's costs associated with abatement of the nuisance. The term shopping carts shall be read to include laundry carts and other similar devices. 8.06.020 Enforcement. The provisions of this chapter shall be enforced by designated representatives in the Community Development Department, Public Works Department and Police Department. To the extent provided in this chapter, such representatives may enter onto any public or private property to remove, store and dispose of any unattended shopping cart or part thereof 8.06.030 Unattended Shopping Carts on Public Propeuy--Removal. Upon the discovery of an unattended shopping cart, or part thereof, on public property within the City, the City may immediately abate and remove same. Notice of such removal and storage shall be provided in accordance with Section 8.06. 050.8.06.040. Unattended Shoppimz Carts on Private Prooerty--Removal. Upon the discovery of an unattended shopping cart, or part thereof, on private property within the City, the City shall attempt to contact the owner of the private properly or such owner's agent and inquire as to whether the shopping cart belongs to the private property owner. If the shopping cart does not belong to the private property owner or the private property owner cannot be contacted, then the City shall inspect the shopping cart and attempt to identifY the owner thereof If it appears that the unattended shopping cart is not owned by the private property owner upon which it is located, the City shall attempt to notifY the owner of the shopping cart that the shopping cart shall be removed by the City if not removed by the owner within 48 hours of such notice. In addition, a notice shall be affixed to the shopping cart stating the time the shopping cart was discovered and a time no less than 48 hours from such discovery at which the shopping cart must be removed or be subject to removal by the City. The notice shall provide that the owner of the shopping Cll/t shall be liable for the City's costs in removing the :shopping cart. After such notice and failure to remove, the City may enter onto the private prope:rty to remove the shopping cart,provided that the shopping cart is located in an area which is generally open to the public or the City otherwise has the legal authority to enter onto the private property. It shall be unlawful for any person to remove or damage this notice. Removal of, or damage to, the notice shall not extend the time for removal.8.06.050 Notice of Removal and Storage. Upon the abatement, removal and storage of any shopping cart under this chapter, the City shall attempt to notifY the owner of the shopping cart by sending a "Notice of Abatement" by first-class mail to the last known address of the owner as registered with the City's Business License Division. Such notice shall state substantially the following: Ord On , 19-, your shopping cart was found unattended on [private or public] property located at [address]. Pursuant to the Orange Municipal Code, unattended shopping carts are deemed to be a nuisance. 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 Community Development, attention Shopping Cart Coordinator, 300 East Chapman Avenue, Orange, CA, 92666. Such request must be received by the City within 15 calendar days of the date of this notice. Failure to request a hearing within this time period shall result in a waiver of such hearing. The shopping cart will be sold or destroyed within 90 days of its removal if unclaimed.' 8.06.060 Release of ShopDimz Cart to Owne(. Any shopping cart removed and stored pursuant to this chapter shall be released to the owner or agent if claimed within 90 days of such removal and upon payment of the City's costs. 8.060.070 Hearing. If a hearing is requested in accordance with this chapter, it shall be held within 30 calendar days of receipt of such request. The hearing shall be conducted by the Director of Community Development 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 90 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. 8.06.080 Disposal. Any shopping cart not retrieved within 90 days of its removal by the City shall be sold at public auction. If in the reasonable determination of the City's purchasing officer, the shopping cart or part thereof has no resale value, it may be destroyed or sold as salvage. 8.06.090 Business Plans. Any business in the City that utilizes in excess of 10 shopping carts in conducting business at any location within the City shall have in place and implement a plan for the retrieval of shopping carts removed from its premises either by its own force or by an outside contractor. Written proof of such a plan shall be provided to the City within 72 hours of the City's request. Any business falling within the provisions of this Section shall post signage at all exits stating in substantial form the following: "W ARNlNG: The removal of shopping carts is punishable as a crime under both City of Orange and State law." This warning shall be exhibited in letters not less than 2 inches in height 8.06.100 Unlawful Removal or Possession. It shall be unlawful for any person to remove, possess or abandon a shopping cart from or in a location other than the business OrdNo.3- 96 premises which owns the shopping cart or the parking lot of such business, without the permission of the owner. This Section shall not apply to the owner of the shopping cart, the owner's agent or to an owner of private property who is attempting to contact the City or owner of the shopping cart for removal or is disposing of an abandoned shopping cart located on his or her property. 8.06,110 Shop,ping Cart Identification. All businesses utilizing shopping carts in conducting their business within the City shall have information on their shopping carts which identifies th(: owner of the shopping cart, including name, address and/or telephone number. 8.06.120 Fees. 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 Community Development shall review such fees as appropriate and recommend any necessary adjustments to the City Council. " SECTIONll: Severability. If any provision of this chapter is held to be invalid and of no force and effect, such invalidity shall not effect other provisions of this chapter which can be enforced without the invalid provision and to this degree, the provisions of this chapter are severable. SECTION ill: 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 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 15 days after its passage in a newspaper of general circulation 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 the 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 snail take effect 30 days from its date of final passage. Adopted this 27th day of February, 1996. z.--~~:.-.,../( ~:f~"'~-_7 . i'., Mayor of the City of Or~~e ATTEST:OrdNo.3- 96 DAD:dg 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do hereby certiry that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 13th day of February -' 1996, and thereafter at a regular meeting of said City Council duly held on the 27th day of _ February, 1996, was duly passed and adopted by the following vote, to wit:AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: MURPHY, BARRERA, MAYOR COONTZ, SPURGEON, SLATER COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE CIty Clerk of the Ord. No, 3-96 shdatalordl96! ordl3- 96