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Home My WebLink AboutORD-25-96 Replace Ch. 8.06 Abatement of Unattended Shopping CartsORDINANCE NO 25- 96 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE REPEALING CHAPTER 8.06 OF THE ORANGE MUNICIPAL CODE AND REPLACING IT WITH A NEW CHAPTER 8.06 RELATING TO THE ABATEMENT OF UNATTENDED 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 have 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.NOW, THEREFORE, the City Council of the City of Orange does ordain as follows:SECTION I:Chapter 8.06 of the Orange Municipal Code is repealed in its entirety as of January 1,1997, and is replaced by this ordinance on that date.SECTION II:Chapter 8.06 shall be added to the Orange Municipal Code to read as Sections: 8..06.010 8.06.020 806.030 8.06.040 8.06.050 8.06.060 8.06.070 8.06.080 8.06.090 8.06.100. 8.06.110 Chapter 8 06 ABATEMENT OF UNATTENDED SHOPPING CARTS Purpose. Enforcement. Unattended Shopping Carts -Removal. Notice of Removal and Storage. Release of Shopping Cart to Owner. Hearing. Disposal. Unlawful Removal or Possession. Shopping Cart Identification. Fees. Violations. R..Q6.01O Pru:pose. The proliferation of shopping carts abandoned on public and private property is causing blighted conditions in some areas ofthe 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. Shopping carts left on public streets and sidewalks present II danger to persons attempting to use such public ways, especially the disabled and can also impede emergency services. The purpose of this chapter is to set forth reasonable regulations for the removal of abandoned shopping carts which are consistent with State law, to encourage store owners to adopt programs to retrieve andlor prevent the theft of shopping carts, to recoup the City's costs associated with abatement ofthe nuisance and to alleviate obstructions on public ways. The term shopping carts shall be read to include laundry carts and other similar devices. The term abandoned or unattended shall mean a shopping cart not located on the premises of the owner. Premises shall include parking lots adjoining the owner's business. 8J}6 020 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. lij)6 030 Unattended Shopping Carts --Removal. A. 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 tl1fl~e 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)Ord. No. 25- 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. 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. C. 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. 8.06.040 Notice of Removal and Storal.(e. 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 or retailer as shown on the shopping cart. Such notice shall state substantially the following: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, 92866.'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 30 days of its removal if unclaimed.Shopping carts which have insufficient identifying information to apprise the City of ownership ofthe retailer may be sold or destroyed within 30 days of removal without notice.8.06.050 Release ofShoppinl.( Cart to Owner. Any shopping cart removed and stored pursuant to this chapter shall be released to the owner or agent if claimed within 30 days of such removal and upon payment ofthe City's costs.8.060.060Hearinl.(. If a hearing is requested in writing in accordance with this chapter,it shall be held within 30 calendar days of receipt of such request. The hearing shall be 3 Ord. No. 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 th,~ payment of the City's costs. The owner or agent may retrieve the cart any time within 30 days of the date the cart was first removed. Retrieval ofthe shopping cart shall be the responsibility of the owner. This hearing shall be the final administrative remedy. M6.070 Disposa1. Any shopping cart not retrieved within 30 days of its removal by the City shall be sold at public auction. If in the reasonable determination of the City's purchasing officer, thl: shopping cart or part thereof has no resale value, it may be destroyed or sold as salvage. li..Q6.080 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 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 dispose of an abandoned shopping cart left on his or her property. 8.06.090 Shopping Cart Identification. All businesses utilizing shopping carts in conducting their business within the City shall have a permanently affixed sign on their shopping earts which contains the information required by California Business & Professions Code Section 22435.1. E...Q6.100 Fees. 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 Community Development shall review such fees as appropriate and recommend any necessary adjustments to the City Counci1." E...Q6.110 Violations. Any person convicted of violating any provision of this chapter shall be subject to the general penalty provisions set forth in Chapter 1.08 of this code. SECTION III: 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 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 days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall Ord. No. 25..96 4 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 shall take effect on January I, 1997. Adopted this 1 Otlday of December ATTEST: j I ldtJ . z City Clerk ofthv ity of Orange STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, CASSANDRA 1. 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 26th day of November , 199~ and thereafter at a regular meeting of said City Council duly held on the 10th day of December , 199~ was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE I //) lAtuLMA- 4-:;~ ri- I ..Z7';;#/_4>;"/T City Clerk of the Ity of Orange DAD:dg 5 Ord. No. 25-