HomeMy WebLinkAboutOrdinances_2266_CCv0001.pdf ORDINANCE NO. 2266
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDLANDS
ADDING CHAPTER 8.72 TO THE REDLANDS MUNICIPAL CODE RELATING
TO THE ABANDONMENT OF SHOPPING CARTS
BE IT ORDAINED BY THE CITY OF REDLANDS AS FOLLOWS:
Section 1 Chapter 8.72 entitled "Abandonment of Shopping Carts" is hereby added to
the Redlands Municipal Code to read as follows:
CHAPTER 8.72
ABANDONMENT OF SHOPPING CARTS
Sections:
8.72.010 Declaration of Public Nuisance
8.72.020 Definitions
8.72.030 Abandoned Cart
8.72.040 Administration and Enforcement
8.72.050 Shopping Cart Abatement
8.72.060 Removal of Wrecked Shopping Carts
8.72.070 Assessments for Shopping Cart Removal - Hearings
8.72.080 Identification of Shopping Carts
8.72.090 Removal from Premises Prohibited - Exceptions
8.72.100 Abandonment Prohibited
8.72.110 Owner's Responsibility to Prevent Littering
8.72.120 Unlawful Possession
Section 8.72.010. Declaration of Public Npisance. The City Council has determined that
the accumulation and storage of wrecked, dismantled, or abandoned shopping carts, or parts thereof,
on public or private property creates a condition tending to reduce property values, promote blight
and deterioration, constitute an attractive nuisance creating a hazard to the health and safety of
minors, and be aesthetically detrimental to the community and injurious to the health. safety and
general welfare. Therefore, the presence of%wecked, dismantled or abandoned shopping carts, or
parts thereof, on public or private property, is declared to constitute a public nuisance which may
be abated as such in accordance with the provisions of this Chapter.
Section 8.72.020. Definitions. The following definitions shall apply to this Chapter:
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(a) "Shopping Cart" means a basket which is mounted on wheels or a similar device
generally used in retail establishment by a customer for the purpose of transporting
goods of any kind.
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(b) "Public property" means and includes, but is not limited to, all areas dedicated to
public use for public street purposes, roadways, parkways, alleys, sidewalks, flood
control channels and any public right-of-way.
(c) "Parkway" means that area between the sidewalks and the curb of any street, and
where there is no sidewalk, that area between the edge of the roadway and the
property line adjacent thereto. Parkway shall also include any area within a
roadway which is not open to vehicular travel.
Section ,72.030. Abandoned Cart. When a shopping cart is left standing on any
public or private property, the shopping cart shall be deemed to be abandoned and therefore a
public nuisance pursuant to this Chapter. The provisions of this section shall not apply to
shopping carts left standing on private property (including the common areas of shopping centers
adjacent thereto) of the owner of the shopping cart according to the name of such owner affixed
thereto as required by Section 8.72.070 of this Chapter. In the event that a shopping cart is left
standing on any public or private property or, in the event the cart violates Section 8.72.070 of
this Chapter, the owner thereof shall be responsible and liable for the removal and disposition of
the abandoned shopping cart as provided in this Chapter.
The City Manager may exempt a shopping cart owner from the provisions of this section
if the cart owner has implemented a plan whereby employees provide cart retrieval, or whereby
the cart owner has entered into a contract with a cart retrieval service and has provided the City
with proof of such contract, provided the frequency of cart retrieval service meets the City
Manager's approval.
Section 8.72.040. Administration and Enforcement. Except as otherwise provided in
this Chapter, the provisions of this Chapter shall be administered and enforced by the City
Manager or his authorized representative. In the enforcement of this Chapter, the City Manager
or his authorized representative may enter onto public or private property to examine a shopping
cart, or parts thereof, or to obtain information as to the identify of a shopping cart and to remove,
or cause the removal of, a shopping cart, or parts thereof, declared to be a nuisance pursuant to
this Chapter.
Section 8.72.050. Shol2ping Cart Abatement. Upon discovering the existence of a
wrecked, dismantled or abandoned shopping cart, or parts thereof, on public or private property
within the City, the City Manager, or his authorized representative shall have the authority to
cause the abatement and removal thereof in accordance with the procedure described in this
Chapter.
Section 8.72.060. Assessments for Shopping Cart Removal - Hearines.
(a) Upon the abatement and removal of any shopping cart located on public or private
property within the City, the City Manager or his authorized representative shall
notify the owner thereof (if the same can be ascertained) by mailing a notice of
abatement to the last known address of the owner. Such notice shall state the date
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the shopping cart was removed from public or private property, the location and
procedure for retrieval of the shopping cart, and a statement that, in order to
receive a hearing with regard to the removal of the shopping cart, the owner or its
agent shall submit a request for such hearing either in person or in writing within
ten (10) days of the date appearing on the notice. Any such shopping cart removed
and stored pursuant to these provisions shall be released to the owner thereof if
claimed within thirty (30) days after such removal and upon the payment of
reasonable administrative fees. Such administrative fees shall be waived if, after
a hearing has been requested, a determination is made at such hearing that upon a
finding of good cause, the administrative fees shall be waived.
(b) The administrative fees for the removal and storage of the shopping cart shall be
established or modified by resolution of the City Council and shall include the
actual cost of removal and storage of any shopping cart, or parts thereof, plus the
proportional share of administrative costs in connection therewith.
(c) Any hearing which is requested shall be conducted within ten (10) days of the
receipt of the request for such hearing, excluding weekends and holidays, by the
City Manager, or his designee, who shall serve as the hearing officer. The failure
of either the owner or its agent to request a hearing shall satisfy the hearing
requirement. If it is determined at a hearing that reasonable grounds for the
abatement and removal of a shopping cart are not established, no fee for removal
and storage of such shopping cart shall be imposed. At the close of the hearing,
the hearing officer shall determine whether good cause was shown for the
abatement or removal of the shopping cart from public or private property. The
decision of the hearing office shall be deemed the final administrative
determination. If good cause is shown for the abatement and removal of the
shopping cart, the owner or its agent shall have fifteen (15) days from the date of
the hearing to retrieve its shopping cart upon payment of the administrative fee.
If good cause is not shown for the abatement and removal of the shopping cart
from public or private property, the administrative fee shall be waived and the
owner or its agent shall have fifteen (15) days to retrieve its shopping cart from the
storage area.
(d) Any shopping carts which are not retrieved by their owner within thirty (30) days
after the mailing of written notice of abatement when such owner has not requested
a hearing in accordance with this section, or within (30) thirty days storage of the
cart by the City in all other cases, shall be deemed to be permanently abandoned
and may be sold at public auction or otherwise disposed of at the end of thirty (30)
days following such notice.
(e) At such time as shall be convenient to the City, the City shall advertise for the sale
of permanently abandoned (as provided in subsection (d) this section) shopping
carts. Notice of such sale shall be posted in three conspicuous places located
within the City. Ten (10) days after the posting of such notice and the time and
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place fixed in the notice for said sale (or at such times and places as the sale shall
be reasonably continued) such shopping cart maybe sold along with other shopping
carts, and delivered to the highest bidder free and clear of the claims of the owner
thereof.
(fl The proceeds of such sale shall be disbursed to the City.
Section 8.72.070. Identification of Shopping Cam. All shopping carts used in the City
shall be properly identified by the owner thereof, including the name of the local store in which
such shopping cart is to be used. All persons owning shopping carts within the City for use of
their customers to take outside of the buildings shall have firmly affixed thereto the owner's
identification.
Section 8.72.080. Removal from Premises Prohibited - Exceptions, No person shall
remove from the immediate store or parking premises of any food store, market or other
mercantile establishment in the City, any shopping cart, wagon or similar device, bearing a
notification affixed thereto in a conspicuous place there on to the effect that such cart, wagon or
device is not to be removed from the owner's premises, unless such person is the owner or
owner's employee or agent.
Section 8.72.090. Abandonment Prohibited, No person shall abandon or leave any
such cart, wagon or device which has been removed from the owner's premises upon any public
street, alley, sidewalk, parkway or other public place, or upon any private property (except that
of the owner of the cart, wagon or device) not under the control of such person abandoning or
leaving such cart, wagon or device.
Section 8.72.100. Owner's Responsibility to Prevent Littering. The action of an owner
or owner's agent or employee to permit any such cart, wagon or device to be removed from the
owner's premises shall be considered littering.
Section 8.72.110. Uln awful Possession. No person shall have in his possession any
such cart, wagon or device which has been removed from the owner's premises without
authorization or which has been abandoned or left on private property under circumstances as
described in Section 8.72.030 of this Chapter unless such person so having possession has notified
the Redlands Police Department of the presence and location of such cart, wagon or device.
EC IION 2. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect in accordance with law.
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ADOPTED, SIGNED AND APPROVED this 16th day of May , 1995.
ayor of the City of Redlands
ATTEST:
City Clerk
1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly
adopted by the City Council at a regular meeting thereof, held on the 16thday of May , 1995, by the
following vote:
AYES: Councilmembers Cunningham, Gilbreath, Gil; Mayor Larson
NOES: Councilmember Foster
ABSENT: None
City C k
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