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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 - 1 - 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. -2- 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: -3- (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. -4- 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. 0: V141 I •r ILYA 13 OMNI 0 1 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, FROMMM11► 2 0 M ABSENT: None. ".. 1VV=V IM