CC - Item 6A - Guidelines for Shopping Cart Containment and Abatement - Rosemead Municipal Code 9.12.080ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: NOVEMBER 12, 2013
SUBJECT: GUIDELINES FOR SHOPPING CART CONTAINMENT AND
ABATEMENT — ROSEMEAD MUNICIPAL CODE 9.12.080
SUMMARY
Under Rosemead Municipal Code Section 9.12.080, the abandonment of a commercial
shopping cart upon any public street, alley, sidewalk, public place or private property is
prohibited. Historically, the City has opted to combat the issue of abandoned shopping
carts through a prevention and abatement approach as opposed to aggressive
enforcement. Some of the City's efforts include public outreach, contracting with a
shopping cart retrieval service, and the conditioning of new businesses to require
utilization of shopping cart containment mechanisms. The City has not pursued
aggressive enforcement as most of the offenders of this code are among the
community's most vulnerable citizens, especially senior citizens.
On September 24, 2013, the City Council discussed several options to enhance the
City's shopping cart containment and abatement programs. Based on this discussion
and input from the public, a revised version of the City's Municipal Code section
9.12.080 has been developed and is attached for further review.
Staff Recommendation
It is recommended that the City Council:
1. Introduce Ordinance No. 934, amending section 9.12.080 of the Rosemead
Municipal Code regarding the unauthorized use of shopping carts; and
2. Approve Resolution 2013 -59, amending the City's Comprehensive Fee Schedule
to include administrative fines for the unauthorized removal of shopping carts.
BACKGROUND / DISCUSSION
The management of abandoned shopping carts is a multi - pronged approach that
encompasses containment regulations (keeping carts on private property) and
abatement services (removing carts from public right -of -way). Additionally, the City's
Municipal Code section 9.12.080 provides for regulations relative to the removal and
ITEM NO.
City Council Meeting
November 12, 2013
Page 2 of 3
abandonment of shopping carts. Based on previous discussion by the City Council and
the public, several updates to the City's Municipal Code have been developed to provide
additional guidelines related to shopping carts, including the following:
• Cart Abandonment
This section has been expanded in order to allow the City to remove and impound
carts in accordance with state law.
• Cart Possession
This section has been modified to allow for the issuance of an administrative fine
as established by the City Council (in the City's Fee Schedule and Resolution).
As proposed, such fine would be $50 for a first offense and $100 for each
subsequent offense (fee includes a $20 administrative fee that is standard with all
administrative fines).
As proposed, the City will also implement a new administrative policy relative to
the payment of any shopping cart administrative fines. Upon issuance of a fine,
the offender would be allowed the option of purchasing a personal "push cart"
within thirty (30) days of the offense. If a personal cart is purchased, the City
would "waive" the payment of any administrative fine amount.
• Shopping Cart Containment Plan
This section has been added to allow the City to require a shopping cart
containment plan for businesses. Such a plan would be at the discretion and
approval of the City Manager.
• Definitions
This section has been added to better help clarify language and terms.
Implementation of Proposed Changes
If the proposed ordinance is adopted by the Council, the planned implementation of the
new regulations would occur as follows:
Council Review /Adoption November 12, 2013
2 "d Reading of Ordinance December 10, 2013
Enforcement of Ordinance Revisions February 1, 2014
City Council Meeting
November 12, 2013
Page 3 of 3
It should be noted that multi - lingual notification flyers have been developed regarding the
removal of shopping carts from business establishments. Recently, the flyers have been
distributed in the community and a sample is included with this report (Attachment 3).
These flyers will continue to be distributed to local businesses and shopping center
patrons prior to the implementation of any new regulations.
Submitted by:
i
Chris Marcarello
Director of Public Works
Attachments:
(1) Ordinance No. 934
(2) Resolution 2013 -59
(3) Shopping Cart Outreach Flyer
ORDINANCE NO. 934
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING SECTION 9.12.080 OF
CHAPTER 9.12 OF TITLE 9 OF THE ROSEMEAD MUNICIPAL
CODE
WHEREAS, shopping carts that are removed from the premises of businesses and left
abandoned on public or private property throughout the City can create potential hazards to the
health and safety of the public; and
WHEREAS, California Business and Professions Code section 22435.8 states the
Legislature's intent not to preempt local ordinances that regulate or prohibit the removal of
shopping carts from business premises; and
WHEREAS, Section 9.12.080 of the Rosemead Municipal Code ( "RMC ") currently
prohibits the removal, abandonment, or possession of shopping carts throughout the City,
provided that such shopping carts contain certain signage; and
WHEREAS, there has been a proliferation throughout the City of shopping carts that do
not contain signage and that do not otherwise fall within the regulations of RMC section
9.12.080.
Now therefore the City Council of the City of Rosemead does hereby ordain as follows:
Section 1. Section 9.12.080 of Chapter 9.12 of Title 9 of the Rosemead Municipal Code
is amended to read as follows:
"9.12.080 Unauthorized use of shopping carts prohibited.
A. Removal. No person shall remove any commercially -owned shopping cart,
shopping basket or other similar device from the premises of any business establishment within
the City.
B. Abandonment. No person shall abandon or leave any commercially -owned
shopping cart, shopping basket or other similar device which has been removed from the
premises of any business establishment upon any public street, alley, sidewalk, parkway or
other public place within the City, nor upon any private property within the City except that of the
owner of such cart, basket or device. If necessary, the City may impound a shopping cart that is
C. Possession. No person shall have in his or her possession within the City any
commercially -owned shopping cart, shopping basket or other similar device. Persons that
violate this section may be subject to a fine as established by resolution of the City Council.
Am
cart containment plan. Such containment plan shall be at the discretion of the City Manager
E. Definitions For purposes of this section the following words and terms have the
following meanings:
store.
Section 2. If any section, subsection, sentence, clause or word of this ordinance is for
any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council of the City of
Rosemead hereby declares that it would have passed and adopted this Ordinance and each
and all provisions thereof, irrespective of the fact that any one or more of said provisions may be
declared to be invalid.
Section 3. This Ordinance will take effect 30 days after its adoption.
Section 4. The City Clerk is directed to certify as to the adoption of this Ordinance and
cause this Ordinance to be published in the manner required by law.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Rosemead,
on this day of 2013.
Polly Low, Mayor
ATTEST:
Gloria Molleda, City Clerk
similar devices that are purchased for personal use.
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
A RESOLUTION OF THE ROSEMEAD CITY COUNCIL ADOPTING AN
ADMINISTRATIVE FINE SCHEDULE FOR VIOLATIONS OF THE ROSEMEAD
MUNICIPAL CODE SECTION 9.12.080
RESOLUTION 2013 -59
WHEREAS, on August 9, 2011, the City Council adopted Ordinance No. 918,
adding Chapter 1.20 to the Rosemead Municipal Code to establish a process for
imposing administrative fines for violations of the Rosemead Municipal Code, and
WHEREAS, Section 1.20.040 of the Municipal Code provides that the fines,
interest and penalties shall be set by the City Council by resolution; and
WHEREAS, Ordinance No. 918 provides that the amount of the
administrative fine for violations of the Rosemead Municipal Code and other
applicable State laws shall be set forth in a schedule of fines established by
resolution of the City Council, and
WHEREAS, Ordinance No. 918 requires that the schedule of fines provide for
increased fines for repeat violations of the same code provisions by the same
responsible person, and
WHEREAS, Ordinance No. 918 provides for the imposition of an interest
charge (in an amount to be established by Resolutions) for any administrative fines
that are not paid within sixty (60) calendar days of the issuance of an uncontested
administrative citation, and
WHEREAS, the City of Rosemead has a substantial interest in promoting
compliance with the local laws that have been enacted by the City Council in an
effort to promote and protect the health, safety, and general welfare of the City's
residents, business community and visitors, and
WHEREAS, the City Council has considered this matter and has determined
to set forth the specific fines, interest and penalties for violations,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the updated "Schedule of Administrative Fines" as set forth
in Exhibit A attached hereto, is hereby adopted.
PASSED, APPROVED, AND ADOPTED this 12 day of November 2013.
Polly Low, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVE AS TO FORM:
Rachel Richman, City Attorney
SCHEDULE OF ADMINISTRATIVE FINES
Fines Violations of the Municipal Code of the City of Rosemead shall be subject
to the fines shown below. A subsequent violation is any violation where the cite
was cited one or more times in the preceding twelve (12) months for the same
violation, unless the violation was cancelled pursuant to Chapter 1.20.
CODE SECTION FIRST VIOLATION SUBSEQUENT VIOLATION
Violation of 9.12.080 $30
Possession of Shopping Cart
;-M
Administrative Fee All citations shall incur an administrative fee of $20.
Late Payment Penalties A penalty of 10
on the last day of each month after the due
collected according to the discretion of the
factors bearing on the practicability as to t
the amount of penalty due, and its collec
discretion to the Treasurer is to not require
be cost effective.
will be added on any delinquent fines
date. This penalty will be imposed and
City Treasurer upon considering such
ie cost to compute the amount owed,
:ability. The purpose of granting this
collection of interest when it would not
3. Collections Fines that are delinquent for sixty (60) days or more and total at least
$250 shall be processed through the abatement and /or assessment procedures
specified in section 1.20.150 of the Municipal Code. All other delinquent fines may
be referred to a collection agency as determined by the City Treasurer.
Call to report abandoned carts:
SSE i (800) 252 -4613 or (626) 569 -2262 /I
Reduce Abandoned Shopping Carts in.Rosemead
In Rosemead, it is ILLEGAL to remove shopping carts from parking lots
centers. Removal of a shopping cart from store premises is punishable by
second offense will result in a $100 fine.
Here is how we can all help reduce the number of abandoned carts:
Residents: Call the numbers above or visit the City's website to report 111 b6an'do d p
shopping carts. If you need a cart to carry groceries, there are many j expe�pi, e
personal carts available at local department stores. 8
Businesses: sure that shopping carts do not leave your store's parking lot. A b o
a 1 City Hall
8838 East Valley Boulevard a `�
Call to report abandoned carts:
SSE Q (800) 252 -4613 or (626) 569 -2262
i
En Rosemead es ILEGAL retirar los carritos de supermercado de los estacionar
centros comerciales. Retirar un carrito de supermercado del recinto de una
expone a una multa de $50 y a una multa de $100 por una segunda infracci6n.
Residentes: Comuniquese con los numeros anteriores o visite el sitio web de I
para reportar carritos abandonados de supermercado. Si necesita un car
Ilevar sus abarrotes a "casa, podr6 conseguir un carnto de compra para use p
bajo co`sto en una tienda local de departamentos. Emoresas: Asegurese dl
carritos de supermercado y de otras compras no salgan del estacionamie{
tienda. ) _
ue
�fi . BEf� �Ul��v h #f€ Mob A§o BE�IF#ftz ��e � Jso 0
e' o
�= i,"ii€�.89f7�i�loo�ic,. : J�# 7t�A§�iJ €s7c�I�1�fiiStlFf9t]�9t, . ��ti33f€ ��
Ao 1 Ttt Ji €7 b�ua . rih&�� I fi�f$�€1A9�1®J ffio Mat : X31 4A p
•g o
•e
Tai Rosemead, mang xe sieu thi ra kh6i bai d5u xe 0 cac thvong xa la PHAM LUAT. Laay xe sieu «�i ra k 6i A
pham A thugc ti @m c6 the bi phat $50. Vi pham Ian thv nhi sS bi ping $100. .q p
O a
Cu' DSn: Gqi nh "vng so' di @n thodi ghi tren ho3c v5o (rang mang Th6nh Pho" de bao c5o ve viEC xelbj b&ngoai
dubmg. Wu ban can xe de cWa do di chq mang ve, C6 rat nhieu xegi3 re b6n tai nhirng tiem trong dis
phvong minh. Gi6'i Doanh Nahi @o : Hay c6 bi @n ph5p dam chat xe kh6ng rbi khu tiom cua minh. '•