HomeMy WebLinkAboutORD 30-24 SHOPPING CART RETRIEVAL PLANORDINANCE NO. 30-24
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER
8.06 OF THE ORANGE MUNICIPAL CODE
ESTABLISHING MANDATORY SHOPPING
CART RETRIEVAL PLAN AND CONTAINMENT
SYSTEM
WHEREAS, California Business and Professions Code sections 22435 et seq set forth
procedures for retrieval and abatement of shopping carts and cost recovery for such abatement;
and
WHEREAS, California Constitution, Article XI, Section 7, authorizes the City of Orange
City") to adopt and enforce local police, sanitary, and other ordinances and regulations that are
not in conflict with general laws; and
WHEREAS, the City has received numerous complaints from members of the public
regarding unattended or abandoned shopping"carts throughout the city that significantly impact
public health, safety, and the welfare of residents, visitors, and businesses, while also diminishing
the City's aesthetic appeal,resources, and economic development; and
WHEREAS, it is the intent of the City Council, in amending Chapter 8.06 of the Orange
Municipal Code, to require retail establishments to prevent abandoned shopping carts by
implementing a retrieval plan and containment system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
1. The subject Ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) per State CEQA Guidelines (Guidelines) Sections 15060(c)(2) and
15060(c)(3)because review and evaluation of potential impact of the Ordinance demonstrate that
it will not result in a direct or reasonably foreseeable indirect physical change in the environment,
and it is not a"project" as defined in Guideline 15378.
2. The subject Ordinance is exempt from CEQA per Guideline 15061(b)(3)because it can be
seen with certainty, after review and evaluation of the facts regarding the Zoning Code
administrative amendments, that there is substantial evidence that adoption of this Ordinance
would not have a significant effect on the environment and the commonsense exemption applies.
SECTION II.
Section 8.06.010 of the Orange Municipal Code, "Health and Safety — Abatement of
Unattended Shopping Carts—Purpose,"is hereby amended to read as follows:
8.06.010- Purpose.
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. Shopping carts left on public streets and sidewalks present a 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 establish regulations for the removal of abandoned
shopping carts which are consistent with State law, to encourage retail establishments to adopt
programs to retrieve and/or prevent the theft of shopping carts,to recoup the City's costs associated
with abatement of the nuisance and to alleviate obstructions on public ways.
SECTION III.
Section 8.06.015 of the Orange Municipal Code, "Health and Safety — Abatement of
Unattended Shopping Carts—Definitions,"is hereby added to read as follows:
8.06.015 -Definitions.
Cart/Shopping Cart" means a wheeled basket or device used in retail for transporting goods,
including laundry carts.
Cart Retrieval" means the act of retrieving and returning a cart removed from a retail
establishment.
Laundry Cart"means a wheeled basket used in laundries or dry-cleaners for transporting fabrics
and supplies.
Parking Area"means a lot or property designated for customer parking by a retail establishment.
Physical Containment"means a device that locks,disables,or prevents the movement of shopping
carts from business premises.
Premises" means any building or area used for retail business in the City, including customer
parking areas.
Retail Establishment"means any business providing shopping carts in the City, regardless of its
operational status (retail, wholesale, or membership-based).
Shopping Cart Owner" means the owner, manager, or operator of a retail establishment that
provides shopping carts.
Unattended Shopping Cart" means a cart taken without permission or left on public/private
property, whether lost, stolen, discarded, or abandoned.
2
SECTION IV.
Section 8.06.020 of the Orange Municipal Code, "Health and Safety — Abatement of
Unattended Shopping Carts—Enforcement,"is hereby amended to read as follows:
8.06.020 -Retrieval and Containment Plan Requirements.
A retail establishment that provides more than ten shopping carts to customers for use on the
premises, shall develop, implement, and comply with the provisions of a written retrieval and
containment plan ("Plan"). The Plan, accompanied by a non-refundable processing fee set by
resolution of the City Council, must be submitted to the City and approved by the Director of
Community Development or designee,prior to the issuance or renewal of a City business license.
The Plan, at a minimum, shall include the following data:
1. Owner/Business Information: Name of the Retail Establishment, Shopping Cart Owner
details,physical address, and manager contact information.
2. Cart Inventory: A complete inventory of all shopping carts.
3. Retrieval Personnel: A staffing plan for cart retrieval, including employee hours or
contracts with retrieval services.
4. Prompt Retrieval: A detailed patrol procedure regarding removal of carts from public
streets and bus stops.
5. Daily Cart Confinement: Evidence that carts are collected and secured at the end of the
business day or at specified times for 24-hour establishments.
6. Signs on Carts: Evidence that each cart displays the owner's name, address, phone
number, and warnings against unauthorized removal.
7. Notice to Customers: Evidence that a notice,in English and Spanish about the prohibition
on cart removal, is posted near entrances and exits.
8. Monthly Reports: Evidence that monthly reports detailing the number of carts retrieved
are generated.
9. Physical Containment Measures: Evidence that measures to prevent cart removal, such
as disabling devices and employee oversight, are implemented. Any retail establishment
with ten or more shopping carts that begins operation after this ordinance takes effect
and/or after the retail establishment expands the business by more than 25%, shall provide
as part of the Plan a implementation process for a shopping cart wheel locking mechanism.
The mechanism shall lock one or more wheels of the shopping cart if the cart passes a
certain defined space outside the retail establishment parking lot perimeter.
10. Employee Training: Evidence that employees are regularly trained regarding the Plan.
3
Collaboration with Other Retail Establishments. Two or more retail establishments located within
the same shopping or retail center or sharing a common parking area may collaborate and submit
a single Plan.
SECTION V.
Section 8.06.110 of the Orange Municipal Code, "Health and Safety — Abatement of
Unattended Shopping Carts—Violations,"is hereby amended to read as follows:
8.06.110—Enforcement
Unattended shopping carts are a public nuisance and safety hazard. They obstruct sidewalks,
streets, and parking lots, interfere with traffic and emergency services, and cause blight. This
Chapter shall be enforced by Community Development Department, Public Works Department
and/or Police Department.
Nothing in this Chapter shall limit the City from pursuing administrative, civil, or criminal
citations or to abate public nuisances or violations of this Chapter in accordance with 1.08 and
1.10 of the Orange Municipal Code.
SECTION VI:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision,paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION VII:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the
same to be published as required by law. This Ordinance shall take effect thirty (30) days from
and after the date of its final passage.
4
ADOPTED this 10th day of December 2024.
114j/ , V—EZ.
Dame R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Vic,
Mike Vigliotta, Cit Attorney, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, 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, 2024, and thereafter at the regular meeting of said City Council duly held
on the 10th day of December, 2024 was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: Slater, Barrios, Dumitru, Tavoularis, Bilodeau,
Gutierrez, Gyllenhammer
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
11e?"4-6--cCdZin
Pamela Coleman, City Clerk, City o range
5