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CC - 2013-59 - Administrative Fine Schedule for Violations of the Rosemead Municipal Code Section 9.12.080A 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. SCHEDULE OF ADMINISTRATIVE FINES 1. 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 $80 Possession of Shopping Cart Administrative Fee All citations shall incur an administrative fee of $20. 2. Late Payment Penalties A penalty of 10% will be added on any delinquent fines on the last day of each month after the due date. This penalty will be imposed and collected according to the discretion of the City Treasurer upon considering such factors bearing on the practicability as to the cost to compute the amount owed, the amount of penalty due, and its collectability. The purpose of granting this discretion to the Treasurer is to not require collection of interest when it would not be cost effective. 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. of Low, Mayor ATTE T: I C eA 9 1 Gloria Molleda, City Clerk APPROVE AS TO FORM. Rachel Richman, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2013 -59 being: A RESOLUTION OF THE CITY COUNCIL ADOPTING AN ADMINISTRATIVE FINE SCHEDULE FOR VIOLATIONS OF THE ROSEMEAD MUNICIPAL CODE SECTION 9.12.080 was duly and regularly approved and adopted by the Rosemead City Council on the 12th of November, 2013, by the following vote to wit: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None nt Gloria Molleda City Clerk ROSEMEAD 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 MUNICI 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. (9A__ 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 nd 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: 1 Chris Marcarello Director of Public Works Attachments: (1) Ordinance No. 934 (2) Resolution 2013 -59 (3) Shopping Cart Outreach Flyer Call to report abandoned carts: V � Eft (800) 252 -4613 or (626) 569 -2262 k Call to report abandoned carts: OSE Q (800) 252 -4613 or (626) 569 -2262 En Rosemead es ILEGAL retirar los carritos de supermercado de los estacionargi . s y centros comerciales. Retirar un carrito de supermercado del recinto de una.ti expone a una multa de $50 y a una multa de $100 por una segunda infraccio'm,;. - -. Residentes: Comuniquese con los numeros anteriores o vi site el sitio'web de la i para reportar carritos _abandonados de supermercado.:' necesita un tarn' ` -- Ilevar sus abarrotes a Casa, podr$ conseguir un carrito de:compra para use p son a . bajo costo en una tiencla local de "departamentos. Emoresas: Asegarese iie s carritos de supermercado y de otras compras no salgan del estacionami o :d u tienda. -7 lawn !Ift *tooAno 9 ffP94t1 M , SNY3 _ ph3m Ian th(r nhl A bi ph @t $100. hodc vAb trang mdhg ThAnh Pha' de" bAo cgc phaang minh: GIM Doanh Nehieo H - ay c6bi @n phap dim xe k66ng_ :rai khu ti @nn c6a mink.