CC - Item 5A - Shopping Cart Retrieval and ContainmentROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JANUARY 13, 2015
SUBJECT: SHOPPING CART RETRIEVAL AND CONTAINMENT
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. Despite this existing code section, the City's efforts of public outreach,
contracting with a shopping cart retrieval service, issuing administrative citations, and the
conditioning of new businesses to require utilization of shopping cart containment
mechanisms; there is still a significant problem of abandoned shopping carts within the
City of Rosemead.
The City Council has previously discussed two primary options for eliminating this public
nuisance: 1) impounding or 2) increased regulation on businesses. After significant
research into both options, staff has prepared a draft Ordinance to declare shopping carts
a public nuisance and impose strict regulations on the businesses providing them to
customers.
Staff Recommendation
It is recommended that the City Council review the draft Ordinance declaring abandoned
shopping carts a public nuisance and to impose additional business regulations upon
business operators with ten (10) or more shopping carts.
DISCUSSION
Since the last discussion with the City Council, staff has been researching the current
shopping cart problem in the City and evaluating what steps other cities have taken to
resolve this nuisance. The most recent step the Council approved was enforcement
through administrative citations. Since March 2014 the City has issued 48 citations for
individuals wrongfully removing carts. Of these citations, 23 have been voided for
subsequent compliance of obtaining a privately owned cart, 20 have been processed for
enforcement and 5 are still pending. While this has been effective in some cases, the
problem of abandoned carts has persisted.
iTEMNO. C R
City Council Meetlng
January 13, 2015
Pape 2 of 3
Provided on the next page are some statistics from the past few months regarding the
number of carts collected by the City's cart retrieval contractor and the corresponding
business owner:
Month
Bi Saver
Rosemead Market
Other
April '14
315
139
156
Ma '14
282
277
61
June '14
364
330
83
Jul '14
252
273
128
Au ust'14
319
305
148
Se tember'14
292
249
116
As demonstrated from the above chart, the overwhelming majority of the carts found
around the City are from two businesses, Big Saver and Rosemead Market. Staff has met
with these businesses several times over the past few years, which has resulted in little
more than empty promises about improved containment efforts.
In order to take the next step in working towards a solution, two alternatives have been
evaluated:
Option 1: Impounding. The first option is to initiate a shopping cart impound process. The
State of California regulates the shopping cart impound process with Business and
Professions Code Section 22435 — 22435.8. Some key points of the regulations are as
follows:
• The initial cost of impounding all carts must be paid for by the City.
• Carts must be stored and held at a facility that is reasonable and convenient to the
shopping cart owner and be open for business at least six hours each business
day.
• An "actual notice' must be delivered to the store notifying them of the cart's
impound within 24 hours of impounding the cart.
• Store owners must be allowed to retrieve carts from the impound site within 3
business days of notice without any fees or charges being imposed.
• Carts retrieved after 3 business days may be charged a cost equal to the cost of
retrieval and storage.
• If carts are not collected from the impound within 3 business days more than 3
times in a 6 month period, a fine of up to $50 may be assessed per occurrence.
Carts claimed within 3 business days do not apply towards the fines.
Based on upon these regulations by the State, the City's costs for impounding carts would
certainly increase with the reality that no funds may ever be recouped if stores pick up
their carts within 3 days of notice. The City must bear the cost of all collection, and storage
and if the businesses collect carts within 3 businesses days, no fees or charges may be
City Council Meeting
January 13, 2015
Page 3 of 3
collected. Due to these strict regulations, staff does not recommend initiation of an
impound process.
Option 2: Increased Regulation. The City Council may also adopt an ordinance declaring
shopping carts a public nuisance, which is being proposed with the draft Ordinance.
Through this ordinance, the responsibility of shopping cart containment and collection will
be shifted to the business owner, while the City will maintain enforcement responsibilities.
Under the proposed ordinance, businesses would be required do the following:
• All stores with more than ten (10) carts would be required to submit a cart
containment plan to the City that would need to be reviewed and approved by the
Community Development Department.
• Signs would be required to be affixed to all carts with the store name, address,
phone number and regulatory information.
• A written notice must be printed and provided to all customers through signage or
flyers regarding the regulations.
• Businesses would be required to implement physical cart containment measures
to deter cart removal such as wheel locks, employees assigned to the parking lot,
cart containment to the store unless accompanied by an employee, etc.
• Carts must be collected at the end of each day from the parking area and secured.
• Failure to comply would result in a hearing or administrative citation.
Some existing businesses such as Fresh and Easy, Target and Walmart have cart
containment plans that have been relatively successful. The proposed ordinance requires
a written and approved cart containment/retrieval plan for all businesses with more than
ten (10) carts, including pre- existing businesses such as Big Saver and Rosemead
Market.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted By:
1
i s —
Mattt ew E. l4awkesworth
Assistant City Manager /Acting Director of Public Works
Attachments:
1. Draft Ordinance
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 9.12.080
OF, AND ADDING PART 9.32 OF THE ROSEMEAD
MUNICIPAL CODE RELATING TO SHOPPING CART
RETRIEVAL AND CONTAINMENT BY OWNERS.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.12.080.D of the Rosemead Municipal Code is hereby removed
in its entirety and subsection E shall become subsection D.
SECTION 2.Chapter 9.32 of the Rosemead Municipal Code is hereby added to read in
its entirety as follows:
CHAPTER 9.32 — SHOPPING CART RETRIEVAL AND CONTAINMENT BY OWNERS
9.32.010
Purpose.
9.32.020
Declaration of a public nuisance.
9.32.030
Definitions.
9.32.040
Cart retrieval plan.
9.32.060
Incentives for plan compliance.
9.32.060
Plan submission and approval.
9.32.070
Appeals.
9.32.080
Violations and enforcement.
9.32.010 Purpose.
The purpose of this chapter is to establish regulations to ensure that reasonable
measures are taken by the owners and operators of businesses which provide shopping
carts for the convenience of customers to prevent the removal of shopping carts from
business premises and parking lots, and to provide for the prompt retrieval of lost, stolen
or abandoned shopping carts, to complement and supplement provisions of state law and
to adopt local regulations to the extent not otherwise preempted by state statute.
9.32.020 Declaration of a public nuisance.
Many retail establishments provide shopping carts for the convenience of customers while
shopping on the premises of such businesses. However, shopping carts removed from
the premises of such businesses and left abandoned on public or private property
throughout the city constitute a public nuisance and a potential hazard to the health and
safety of the public. The proliferation of lost, stolen or abandoned shopping carts on public
and private property causes blighting conditions in the community, results in the
obstruction of free access to public and private sidewalks, streets, parking lots and other
ways, interferes with pedestrian and vehicular traffic on public and private streets and
impedes emergency services. For the aforesaid reasons, such lost, stolen or abandoned
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shopping carts are declared to be a public nuisance which shall be subject to abatement
in the manner set forth in this chapter or in any other manner provided by law.
9.32.030 Definitions.
Except as otherwise expressly set forth herein, the following words and terms as
used in this chapter shall have the following meanings:
A. "Cart" or "Shopping Cart" means a basket that is mounted on wheels or a
similar device generally used in a retail establishment by a customer for the
purpose of transporting goods of any kind. The term "shopping cart" or "cart"
includes a laundry cart.
B. "City" means the City of Rosemead, California or its designated
representative.
C. "Community Development Director" means the Community Development
Director of the City of Rosemead.
D. "Enforcement personnel' means any police officer, sheriff, or code
enforcement officer employed by the City of Rosemead.
E. "Laundry cart" means a basket which is mounted on wheels and used in a
coin - operated laundry or dry- cleaning retail establishment by a customer or
an attendant for the purpose of transporting fabrics and the supplies
necessary to process them.
F. "Lost, stolen or abandoned shopping cart" means a shopping cart which is
either (1) removed from the premises of a retail establishment by any person
without the written permission or consent of the owner of the shopping cart or
the retailer otherwise entitled to possession of such cart, or (2) left
unattended, discarded, or abandoned upon any public or private property
other than the premises of the retail establishment from which the shopping
cart was removed, regardless of whether such shopping cart was removed
from the premises with the permission of the owner. For purposes of this
chapter, any shopping cart located on any public or private property other
than the premises of the retail establishment from which such shopping cart
was removed shall be presumed lost, stolen or abandoned, even if in the
possession of any person, unless such person in possession thereof either
(a) is the owner, or an employee or authorized agent of the owner, entitled to
possession of the shopping cart, (b) is an officer, employee or agent of a cart
retrieval service hired by the owner to retrieve such carts, (c) is an
enforcement officer retrieving, storing or disposing of said cart pursuant to the
provisions of Section 32.090.C. of this chapter, or (d) has written permission
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or consent to be in possession of the shopping cart from the owner entitled to
possession of the shopping cart.
G. "Owner" means any owner, manager, or operator of any retail establishment
that provides shopping carts.
H. "Parking area" means a parking lot or other property provided by a retail
establishment for the use of customers for parking of customer vehicles. The
parking area of a retail establishment located in a multi -store complex or
shopping center shall include the entire parking area used by the multi -store
complex or shopping center.
1. 'Planning Division' means the Planning Division of the City of Rosemead.
J. 'Premises" means any building, property or other area upon which any retail
establishment business is conducted or operated in the City of Rosemead,
including the parking area provided for customers.
K. "Retail establishment' means any business that provides shopping carts
located in the City of Rosemead, regardless of whether the business is
advertised or operated as a retail or wholesale business, and regardless of
whether the business is open to the general public, or is a private club or
business, or is a membership store.
9.32.040 Cart retrieval plan.
A. Except as otherwise provided in this chapter, every owner who provides
shopping carts to customers to use on the premises of any retail establishment
shall develop, implement and comply with the provisions of a written plan
approved by the City to provide for the retrieval of lost, stolen or abandoned
shopping carts which have been removed from the premises of the retail
establishment (the "cart retrieval plan "). The cart retrieval plan, at a minimum
shall include the following elements:
1. Sions affixed to carts. Every shopping cart made available for use by
customers shall have a sign permanently affixed to it that identifies the
owner of the cart of or the retailer or both, including store name, store
address, and phone number; notifies the public of the procedure to be
utilized for authorized removal of the cart from the premises, notifies the
public that the unauthorized removal of the cart from the premises of the
business, or the unauthorized possession of the cart, is a violation of state
law; and lists a valid telephone number or address for returning the cart
removed from the premises to the owner or retailer.
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2. Notice to customers. Written notice shall be provided to customers that
removal of shopping carts from the premises is prohibited by state law.
Such notice may be provided in the form of notice printed on shopping
bags, direct mail, website notices, or any other means demonstrated to be
effective. The cart retrieval plan shall identify the specific measures to be
implemented to comply with this notice requirement. In addition,
conspicuous signs shall be placed and maintained on the premises near
all customer entrances and exits and throughout the premises, including
the parking area, warning customers that removal of shopping carts from
the premises is prohibited by state law.
3. Retrieval personnel. The owner shall provide personnel for purposes of
the retrieval of lost, stolen or abandoned shopping carts. Such personnel
may be either employees of the business or one or more independent
contractors hired by the owner to provide shopping cart retrieval services,
or a combination of both. The cart retrieval plan shall either (i) identify the
number of employees who will be assigned such cart retrieval duties, the
number of total hours per week that each assigned employee will perform
such services (in addition to any on- premises retrieval duties to which
such employee may be assigned), and the training each of such personnel
has received or will receive concerning the retrieval of lost, stolen or
abandoned shopping carts, or (ii) include a copy of each contract with a
cart retrieval service (other than confidential financial information which
may be redacted from the contract). For purposes of this Section
9.32.040, those persons identified in the cart retrieval plan as providing
cart retrieval services, whether employees of the business or independent
contract services, shall be referred to in this section as "retrieval
personnel."
The owner shall provide written authorization to all retrieval personnel
which authorization shall be carried by each such person while performing
cart retrieval services on behalf of the owner and shall be provided to any
enforcement personnel upon request. Each vehicle used by retrieval
personnel shall bear conspicuous signs on the vehicle identifying either
the name of the retail establishment for which such retrieval service is
being performed or, if applicable, the name of the cart retrieval service
with which the retail establishment has contracted for such services.
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4. Prompt retrieval of carts. The owner shall provide retrieval personnel in
sufficient number to assure that all public streets within a minimum two
mile radius of the premises of the retail establishment are patrolled no less
often than every 24 hours, and all bus stops within a minimum one mile
radius of the retail establishment are patrolled no less often than every 24
hours or twice every 24 hours where required by the Planning Division,
and each lost, stolen or abandoned shopping cart owned or provided by
the retail establishment which is found as a result of such patrols is
immediately retrieved and removed from any public or private property
upon which the cart is found. The cart retrieval plan shall identify: (i) the
streets and bus stops which will be patrolled as required by this
subsection; (ii) the manner, frequency, and times of such patrols; and (iii)
the procedures to be employed by the retail establishment to identify and
retrieve any lost, stolen or abandoned shopping carts. The cart retrieval
plan shall identify the number of trucks, hours of operation of the retrieval
personnel, and such other information as reasonably required by the City
to assure that the owner is devoting sufficient resources to cart retrieval
operations to comply with the provisions of this Section 9.32.040 and the
approved cart retrieval plan.
5. Monthly reports. The owner shall provide, or cause to be provided by each
cart retrieval service under contract with the owner, on or before the
twentieth day of each month, a written report to the Planning Division
specifying the number of lost, stolen, or abandoned shopping carts
retrieved by retrieval personnel during the preceding calendar month
period.
6. Daily cart confinement. All shopping carts located on the premises of the
retail establishment (other than an establishment open for business 24
hours per day) shall be collected at the end of each business day by
employees of the retail establishment and shall be collectively confined in
a secure manner at the cart confinement area on the premises as
designated in the cart retrieval plan until the commencement of the next
business day. All shopping carts located on the premises of any retail
establishment open for business 24 hours per day, other than carts
currently in use by a customer or patron, shall be collected by employees
of the retail establishment and returned to the cart confinement area on
the premises as designated in the cart retrieval plan at least once per
calendar day between the hours of 9:00 p.m. and 12:00 midnight on each
day the retail establishment is open for business. The provisions of this
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subsection shall not apply to any shopping carts located within an
enclosed building.
B. Exemptions. The requirements of this Section 9.32.040 shall not apply to any
retail establishment which provides a total of ten or less shopping carts for use by
customers of such business, or which retail establishment complies with the
requirements of 9.32.050 of this chapter.
9.32.050 Cart containment plan.
A. Except as otherwise provided in this chapter, every owner who provides
shopping carts to customers for use on the premises of any retail establishment
shall develop, implement and comply with the provisions of a written plan
approved by the City to prevent customers from removing shopping carts from
the premises of such business without authorization of the owner (the "cart
containment plan "). The cart containment plan, at a minimum, shall include the
following elements:
Signs affixed to carts. Every shopping cart made available for use by
customers shall have a sign permanently affixed to it that identifies the
owner of the cart or the retailer or both, including store name, store
address and phone number; notifies the public of the procedure to be
utilized for authorized removal of the cart from the premises; notifies the
public that the unauthorized removal of the cart from the premises of the
business, or the unauthorized possession of the cart, is a violation of state
law, and lists a valid telephone number or address for returning the cart
removed from the premises to the owner or retailer.
2. Notice to customers. Written notice shall be provided to customers that
removal of shopping carts from the premises is prohibited by state law.
Such notice may be provided in the form of flyers distributed on the
premises, warnings printed on shopping bags, direct mail, website notices,
or any other means demonstrated to be effective. The cart containment
plan shall identify the specific measures to be implemented to comply with
this notice requirement. In addition, conspicuous signs shall be placed and
maintained on the premises near all customer entrances and exits and
throughout the premises, including the parking area, warning customers
that removal of shopping carts from the premises is prohibited by state
law.
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3. Physical measure s. Specific physical measures shall be implemented and
maintained by the owner to prevent, deter or impede the removal of
shopping carts from the premises. Such physical measures shall be
specifically identified in the cart containment plan and may include, but are
not limited to, the following: disabling devices installed and maintained on
carts, maintaining one or more designated employees assigned the
responsibility to deter or stop customers from removing shopping carts
from the premises, preventing any shopping carts from being taken
outside the confines of building exits unless accompanied by an employee
of the business, physical barriers, including devices placed on the carts
themselves, which effectively prevent transporting shopping carts into the
parking area or off the premises while maintaining accessible paths of
travel compliant with state Title 24, Part 2, California Building Code and
federal Americans with Disabilities Act, requiring security deposits by
customers for cart use, or rental or sale of carts to customers. Written
approval of the property owner shall be provided to the City for any
physical measures required by the plan to be installed on the property of
the retail shopping center or multi -store complex in which the retail
establishment is located.
4. Daily cart confinement. All shopping carts located on the premises of the
retail establishment (other than an establishment open for business 24
hours per day) shall be collected at the end of each business day by
employees of the retail establishment and shall be collectively confined in
a secure manner at the cart containment area on the premises as
designated in the cart containment plan until the commencement of the
next business day. All shopping carts located on the premises of any retail
establishment open for business 24 hours per day, other than carts then
currently in use by a customer or patron, shall be collected by employees
of the retail establishment and returned to the cart confinement area on
the premises as designated in the cart containment plan at least once per
calendar day between the hours of 9:00 p.m. and 12:00 midnight on each
day the retail establishment is open for business. The provisions of this
subsection shall not apply to any shopping carts located within an
enclosed building.
5. Employee training. The owner of the retail establishment shall implement
and maintain a periodic training program for its new and existing
employees designed to educate such employees concerning the
requirements of the cart containment plan and the provisions of state law
prohibiting the unauthorized removal of shopping carts from the premises
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of the retail establishment. The cart containment program shall expressly
describe the employee training program.
B. Collaboration with other businesses. Two or more retail establishments located
within the same shopping or retail center or sharing a common parking area may
collaborate and submit a single cart containment plan.
C. Exemptions. The requirements of this Section 9.32.050 shall not apply to any
retail establishment which provides a total of ten or less shopping carts for use by
customers of such business, or which retail establishment is in compliance with
the Cart Retrieval Plan requirements of Section 9.32.040 of this chapter.
9.32.060 Incentives for plan compliance.
Notwithstanding any other provision of this Code to the contrary, any existing retail
establishment which (i) provides a total of more than ten shopping carts for use by
customers of such business and (ii) submits and obtains the approval of a cart retrieval
or containment plan within the time specified in Section 9.32.070 of this chapter, shall
be exempt from the payment of any plan processing fee otherwise required by Section
9.32.070 of this chapter to implement such cart retrieval or containment plan.
9.32.070 Plan submission and approval.
A. New or relocated retail establishments. Unless otherwise expressly exempt
hereunder, each new retail establishment, and any existing retail establishment
relocating to a different location within the City, shall submit a proposed plan
complying with the requirements of either Section 9.32.040 or Section
9.32.050 of this chapter to the Planning Division, and obtain approval thereof by
the City, prior to providing any shopping carts to customers of the retail
establishment. Each proposed plan shall be accompanied by a processing fee in
an amount as set by resolution of the City Council. No proposed plan shall be
accepted for filing and processing by the Planning Division unless accompanied
by the processing fee established by the City Council.
B. Existing retail establishments. Unless otherwise expressly exempt hereunder,
each existing retail establishment shall submit a proposed plan complying with
the requirements of Section 9.32.040 or Section 9.32.050 of this chapter to the
Planning Division within 180 calendar days following the date of adoption of this
chapter. No such retail establishment existing on the date this chapter is adopted
shall provide or continue to provide shopping carts for the use of its customers
after the 360th calendar day following the date of adoption of this chapter without
a plan approved by the City and determined to conform to the requirements of
either Section 9.32.040 or Section 9.32.050 of this chapter; provided, however,
Page 8 of 13
such date shall be extended for the period, if any, during which an appeal of the
denial of such plan is pending pursuant to the provisions of this chapter. Each
proposed plan shall be accompanied by a processing fee in an amount as set by
resolution of the City Council. No proposed plan shall be accepted for filing and
processing by the Planning Division unless accompanied by the processing fee
as established by the City Council.
C. Plan review and approval. Upon the filing of any proposed plan pursuant to either
Section 9.32.040 or Section 9.32.050 of this chapter (collectively referred to
herein as the "plan "), and receipt of the required processing fee, the Planning
Division shall review said proposed plan and either approve or deny said
proposed plan in a timely manner. If the proposed plan complies with each of the
applicable requirements of this chapter, the Planning Division shall approve the
plan, otherwise the proposed plan shall be denied. The decision of the Planning
Division shall be made in writing and notice thereof shall be transmitted to the
owner of the retail establishment by the United States Postal Service, first -class
mail, postage prepaid, or by personal delivery or fax transmission. The notice of
decision of the Planning Division shall be deemed given to the owner on the date
of personal delivery or on the date of the fax transmission to the owner; notices
given by the United States Postal Service, first -class mail, postage prepaid, shall
be deemed given to the owner on the third day following the date of deposit in
the course of transmission with the United States Postal Service, first -class mail,
postage prepaid. If the proposed plan is denied, the notice of decision given to
the owner shall state the grounds upon which the proposed plan was denied. A
decision of the Planning Division may be appealed by the owner in the time and
manner provided in Section 9.32.080 of this chapter.
D. Amendments by owner. The owner of any retail establishment which has an
approved plan conforming to the requirements of this chapter may, at any time,
submit a proposed amendment to the approved plan which amendment shall be
processed in accordance with the procedure provided for a proposed plan as set
forth in subsection C of this section. Each proposed amendment shall be
accompanied by a processing fee in an amount as set by resolution of the City
Council. No proposed amendment shall be accepted for filing and processing by
the Planning Division unless accompanied by the processing fee as established
by the City Council.
E. Revocation or amendment byCity.
1. Grounds. An approved plan may be revoked by the City based on its sole
determination that any of the following grounds exist:
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The owner of any retail establishment is operating, or is permitting
operation of, the retail establishment in violation of one or more of
the provisions of said approved plan and has failed to correct said
violation(s) for a period of at least 30 calendar days following the
date of receipt of written notice of such violation(s) from the City; or
ii. The owner of any retail establishment with an approved plan is
operating, or is permitting the operation of, the retail establishment
in violation of one or more of the requirements of this chapter and
has failed to correct said violation(s) for a period of at least 30
calendar days following the date of receipt of written notice of such
violation(s) from the City, or
iii. The cart containment plan, as approved, is inadequate to
reasonably prevent the removal of shopping carts from the
premises of the retail establishment, or
iv. The cart retrieval plan, as approved, is inadequate to ensure the
prompt retrieval of lost, stolen or abandoned shopping carts
removed from the retail establishment.
2. Order to show cause. If at any time following the approval of a plan, the
Planning Division obtains information or evidence that any of the grounds
set forth in paragraph E.1 above may exist, the Planning Division shall
issue a written order to show cause as to why the approved plan should
not be revoked and schedule a hearing thereon which hearing shall not be
less than 15 calendar days, nor more than 30 calendar days following the
date such order to show cause is given to the owner of the retail
establishment. The order shall state the grounds upon which it is proposed
to revoke the approved plan and shall include the information and
evidence, or a summary thereof, upon which such order was issued.
3. Notice of hearing. Notice of the hearing on any order to show cause
issued pursuant to this section shall be given in the same time and
manner provided in subsection C of this section for notice of decisions.
4. Conduct of hearing. The hearing shall be conducted informally and the
legal rules of evidence shall not be applicable. The owner and the City
shall each have the opportunity to present evidence and witnesses. The
parties may each be represented by legal counsel or other representatives
Page 10 of 13
of their choice. The City shall bear the burden of proof to establish, by a
preponderance of the evidence that grounds exist to revoke the plan. The
Community Development Director, at his or her discretion, and as an
alternative to revocation, may consider amendment of the plan if the
grounds for the order to show cause are solely the inadequacy of the
approved plan.
5. Decision of Community Development Director. Within 15 calendar days
following conclusion of the hearing, the Community Development Director
shall render his or her decision in writing either dismissing the proceedings
or revoking or amending the plan. If the plan is revoked or amended, the
decision shall specify the findings of fact and the reasons for such action.
If the plan is amended, the decision shall also specify the amendment(s)
to the plan.
6. Notice of decision. Notice of the decision of the Community Development
Director shall be given in the time and manner specified in subsection C
above.
7. Appeal of decision. The decision of the Community Development Director
shall be subject to appeal by the owner within the time and manner
specified in Section 9.32.080 of this chapter. In the absence of a timely
appeal, the decision of the Community Development Director shall be final
and conclusive.
9.32.080 Appeals.
A. Filing of appeal. Within ten working days from the date of a notice of decision by
the Community Development Director pursuant to this chapter, any owner
affected by any adverse decision of the Community Development Director
pursuant to this Chapter may appeal such decision to the City Manager; such
appeal shall be in writing and shall state the objections and the name and
address of the person fling the appeal. The notice of decision shall be deemed
given on the date as provided in Section 9.32.070.0 of this chapter. The appeal
shall be filed with the City Clerk and shall be presented by the Clerk to the City
Manager. The City Manager shall schedule a hearing thereon which hearing shall
not be less than 15 calendar days, nor more than 30 calendar days following the
date of the appeal.
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B. Decision of City Manager. Within 15 calendar days following conclusion of the
hearing, the City Manager shall render his or her decision in writing either
dismissing the proceedings or revoking or amending the plan. If the plan is
revoked or amended, the decision shall specify the findings of fact and the
reasons for such action. If the plan is amended, the decision shall also specify
the amendment(s) to the plan.
C. Within 10 working days from the date of the decision of the City Manager, any
owner affected by said decision may appeal to the City Council the determination
of the City Manager; such appeal shall be in writing and shall state the objections
and the name and address of the person filing the appeal. The appeal shall be
filed with the City Clerk and shall be presented by the Clerk to the City Council at
the next regular meeting of the City Council following the date of fling. The City
Council, at such meeting, or at such meeting to which the matter may be
continued by the City Council, shall hear and pass upon the appeal.
D. Upon the hearing of the appeal, the City Council shall consider all objections or
protests, if any, to the decision of the City Manager and may continue the
hearing. Upon conclusion of the hearing, the City Council by resolution may
determine whether to affirm, revise or modify the decision of the City Manager.
The decision of the City Council on the appeal shall be final and subject to
judicial review in accordance with California Code of Civil Procedure section
1094.6.
9.32.090 Violations and enforcement.
A. Except as otherwise expressly provided in this chapter, it shall be unlawful for the
owner of any retail establishment to provide or offer, or permit to be provided or
offered, any shopping carts to customers of said retail establishment without an
approved cart retrieval plan or cart containment plan as required by either
Section 9.32.040 or Section 9.32.050, respectively, of this chapter, provided,
however, this prohibition shall not apply to any retail establishment, or the owner
thereof, which provides a total of ten or less shopping carts for the use of
customers of said retail establishment.
B. It shall be unlawful for the owner of any retail establishment to provide or offer, or
permit to be provided or offered, to customers of said retail establishment any
shopping cart which does not have a sign permanently affixed thereto containing
all of the information specified in Section 22435.1 of the Business and
Professions Code of the State of California.
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C. In enforcing the provisions of this Section, the City Manager or person
designated by the City Manager, and the City's officers charged with the
enforcement of the law, may enter onto private property as allowed by law, or
with the consent of the property owner, or by warrant, to survey or examine a
shopping cart or parts thereof, or to obtain information as to the identity of a
shopping cart owner, and to remove, or cause the removal of, a shopping cart, or
parts thereof consistent with state law.
D. Any owner, operator, manager, employee and /or independent contractor of a
shopping cart owner violating or permitting, counseling, or assisting the violation
of any of these provisions regulating shopping carts, shall be guilty of a
misdemeanor in accordance with 1.16.010 of this code.
PASSED AND ADOPTED this _th day of January, 2015:
ATTEST:
Gloria Molleda
City Clerk
APPROVED AS TO FORM:
Rachel Richman
City Attorney
William Alarcon
Mayor
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