HomeMy WebLinkAboutOrd. 1475-2013ORDINANCE NO. 1475-2013
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE ADDING CHAPTER 8.63 TO THE SOUTH
SAN FRANCISCO MUNICIPAL CODE REGARDING
SHOPPING CART REMOVAL IMPOUNDMENT AND
DISPOSAL
WHEREAS, Article XI, Section 7 of the California Constitution provides that a city
or county may make and enforce within its limits all local, police, sanitary, and other
ordinances and regulations not in conflict with general laws; and
WHEREAS, the City of South San Francisco ("City") currently expends City staff
time and resources each year collecting abandoned shopping carts throughout the City; and
WHEREAS, abandoned shopping carts contribute to blight and neighborhood
deterioration; and
WHEREAS, the California Business and Professions Code Section 22435.8
authorizes local agencies to adopt shopping cart ordinances so long as they are not in direct
conflict with the provisions of state law; and
WHEREAS, staff recommends that the City Council adopt an ordinance regulating
shopping cart removal, impoundment and collection.
NOW THEREFORE, the City Council of the City of South San Francisco does
hereby ordain as follows:
SECTION 1. AMENDMENTS
The City Council hereby amends Title 8 of the South San Francisco Municipal
Code by adding Chapter 8.63, entitled "Shopping Cart Removal, Impoundment and
Disposal" to read in its entirety as follows:
Chapter 8.63 SHOPPING CART REMOVAL, IMPOUNDMENT AND DISPOSAL
8.63,010 Findings and Purpose
8.63.020 Definitions
8.63.030 Applicability
8.63.040 Abandonment Prohibited
8.63.050 Cart Identification Required
8.63.060 Exemption
8.63.070 Mandatory Plan to Prevent Cart Removal and Evaluation Report
8.63.080 Prevention Timeline and Approval Process
8.63.090 Penalties for Failing to Submit a Prevention Plan
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8.63. 100 Notification for Retrieval of Abandoned Carts
8.63.110 Administrative Costs and Fines
8.63.120 Disposition of Carts After Thirty Days
8.63.130 Violation Declared a Public Nuisance
8.63.140 Regulations to Implement this Chapter
8.63.150 Civil Enforcement
8.63.010 Findings and Purpose,
(a) Abandoned shopping carts constitute a nuisance, create potential hazards to the
health and safety of the public, and interfere with pedestrian and vehicular traffic within the City
of South San Francisco. The accumulation of wrecked, dismantled and abandoned shopping carts
on public or private property also tends to create conditions that reduce property values,
promoting blight and deterioration in the City.
(b) The intent of this Chapter is to ensure that measures are taken by store owners to
prevent the removal of shopping carts from store premises and parking lots and to facilitate the
retrieval of abandoned carts as permitted by State law.
8.63.020 Definitions.
"Cart" shall mean a basket which is mounted on wheels or a similar device provided by a
business establishment for use by a customer for the purpose of transporting goods of any kind,
including, but not limited to, grocery store shopping carts.
"Owner" shall mean any person or entity, who in connection with the conduct of a
business, owns, possesses, or makes any cart available to customers or the public. For purposes
of this Chapter, Owner shall also include the Owner's on-site or designated Agent that provides
the carts for use by its customers.
"Premises" shall mean the entire area owned and utilized by the business establishment
that provides carts for use by customers, including any parking lot or other property provided by
the owner for customer parking.
"Abandoned Cart" shall mean any cart that has been removed without written permission
of the Owner or on-duty manager from the premises of the business establishment, regardless of
whether it has been left on either private or public property. Written permission shall be valid for
a period not to exceed seventy two (72) hours. This provision shall not apply to carts that are
removed for purposes of repair or maintenance.
"Agent" shall mean the person or persons designated by the Owner of the Cart authorized
to perform or provide retrieval services on behalf of the Owner. The Agent may be the Owner if
so designated.
"Director" shall mean the Director of Public Works or the Code Enforcement division for
the City of South San Francisco, or such other Director or Officer designated by the City
Manager to administer this Chapter.
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8.63.030 Applicability.
This Chapter shall apply to all Owners of a business establishment or other commercial
services within the City of South San Francisco that provide twelve (12) or more Carts for
customer use or the public.
8.63.040 Abandonment Prohibited,
It shall be unlawful for any person to cause or permit any Cart to be abandoned on or
upon any sidewalk, street or other public area, other than the Premises of the Owner of such Cart.
(a) It shall be unlawful to either temporarily or permanently remove a cart from the
premises or parking area of a business establishment without the express prior written approval
of the owner or on-duty manager of the business establishment. Written permission shall be valid
for a period not to exceed seventy two (72) hours,
(b) This Section shall not apply to carts that are removed for the purposes of repair or
maintenance.
(c) A violation of this Section shall be an infraction and punishable by a fine not
exceeding One Hundred Dollars ($100) for a first violation; a fine not exceeding Two Hundred
Dollars ($200) for a second violation of the same act within a year; and Five Hundred Dollars
($500) for each additional violation within one year.
8.63.050 Cart Identification Required.
Every Cart owned or provided by any Owner must have a sign permanently affixed to the
Cart that contains all of the following information:
(a) Identity of Owner, business establishment, or both.
(b) Notification to the public that the removal of the Cart from the Premises is a
violation of State Law.
(c) The address or phone number of the Owner of the business establishment for Cart
return.
Any Cart found abandoned on public property that does not have the identification and
information required by this Section may be removed from such public property and disposed of
by the City in accordance with California Business and Professions Code Section 22435.
8.63.060 Exemption,
Any Owner that agrees to enter into a contract with a City-designated retrieval service to
provide for retrieval of abandoned carts, or individually, or as part of a consortium of businesses,
enters into a retrieval contract with a retrieval service that is satisfactory to the City, shall be
exempt from the Sections 8.63.070(c) through 8.63.090 of this Chapter. This exemption is valid
only if the other provisions of this Chapter are complied with by Owner.
8.63.070 Mandatory Plan to Prevent Cart Removal and Evaluation Report.
Every Owner shall develop and implement a specific plan to prevent customers from
removing carts from the business premises. The plan must include the following elements:
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(a) Required signs on carts. Every cart owned or provided by any business
establishment in the City of South San Francisco must have a sign permanently affixed to it that
conforms to Section 8.63.050 of this Chapter.
(b) Required signs on property. Signs shall be placed in pertinent places near door
that warn customers that cart removal is prohibited and constitute a violation of state and local
law.
(c) Physical measures. Specific physical measures shall be implemented to prevent
cart removal from the business premises. These measures may include, but are not limited to,
disabling devices on all carts, posting of a security guard to deter and stop customers who
attempt to remove carts fi-orn the business premises, security deposits required for use of all
carts, or the rental or sale of utility carts that can be temporarily or permanently used for
transport of purchases.
8.63,080 Prevention Plan Timeline and Approval Process.
The proposed plan for preventing cart removal shall be submitted for approval to the City
within sixty (60) days after adoption of this ordinance and each time the plan is proposed to be
amended. If a new plan is submitted, the proposed measures shall be implemented by no later
than thirty (30) days after City approval is given. The prevention measures shall be continued
until and unless the City indicates that a measure(s) needs to be modified. Unless otherwise
agreed, any modifications to the plan imposed by the City shall be implemented within thirty
(30) days after the City notifies the Owner of the needed modifications.
8.63.090 Penalties for Failing to Submit a Prevention Plan.
Any Owner that fails to submit a plan, implement the proposed plan measures, or
implement any required modifications to the plan by the City within the time frames specified in
this Chapter shall be subject to a $1,000 civil penalty, plus an additional penalty of $50 for each
day of noncompliance.
8.63. 100 Notification for Retrieval of Abandoned Carts.
Pursuant to California State Business and Professions Code Section 22435.7, the City
shall notify the Owner of any abandoned carts owned or used by the business establishment that
have been located within the City of South San Francisco within twenty-four (24) hours of
impoundment. The Owner shall have three (3) business days from the date the notification is
given to retrieve carts from the City.
8.63.110 Administrative Costs and Fines.
Pursuant to Business and Professions Code Section 22435.7, any Owner that fails to
retrieve its abandoned cart(s) within three (3) business days after receiving notice from the City,
shall pay the City's administrative costs for retrieving the cart(s) and providing the notification to
the Owner. Any Owner who fails to retrieve abandoned carts in accordance with this Chapter in
excess of three times during a specified six-month period shall be subject to a $50 fine for each
occurrence. An occurrence includes all carts owned by the Owner that are impounded by the City
in a one-day period.
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8.63.120 Disposition of Carts after Thirty Days.
Pursuant to Business and Professions Code Section 22435.7, any cart not reclaimed from
the City within thirty (30) days after notification to the Owner, shall be sold or otherwise
disposed of by the City.
8.63 . 130 Violation Declared a Public Nuisance.
A violation of any provision of this Chapter is declared a public nuisance and may be
abated pursuant to Chapter 8.63 in a manner consistent with this Chapter and to the extent
allowed by State law.
8.63.140 Regulations To Implement This Chapter.
The City Manager or his or her designee is authorized to and may establish rules,
regulations, guidelines and policies for implementing and enforcing this Chapter.
8.63.150 Civil Enforcement.
Every Owner shall comply with the provisions of this Chapter, Any Owner who violates
any provision of this Chapter shall be subject to enforcement procedures for each violation
through any lawful means available to the City.
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If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the
application of such part or provision to other persons or circumstances shall not be affected
thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are
severable. The City Council of the City of South San Francisco hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 3. PUBLICATION AND EFFECTIVE DATE
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council
meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the
Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within
fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the
summary, and (2) post in the City Clerk's Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting. This ordinance shall become effective thirty (30) days from and
after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 14'h day of August, 2013.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the 28t" day of August, 2013, by the following vote:
AYES: Councilmember Mark N. Addiego, Richard A. Garbarino—...and Pradeep Gupta
Ma or Pro Tem liar Matsumoto and Mayor Pedro Gonzalez.
NOES: None,
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ABSENT: None.
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