CC - Item 6A - Staff Report - Existing Law Regarding Shopping Cart Retrieval E M E
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teport
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER —.
DATE: MARCH 18, 1997
RE: EXISTING LAW REGARDING SHOPPING CART RETRIEVAL
This item has been placed on the agenda at the request of the City Council. Attached is a copy of
Chapter 291 (AB 317) of 1996 statutes pertaining to shopping cart retrieval. The law states that a
shopping cart with a sign on it standing in public right-of-way may not be impounded by a City until
the owner of the cart has been notified by the City and has been given at least three business days to
retrieve the cart. After three days, a City may retrieve the cart and store it in facility that is
"reasonable convenient to the owner of the cart." After those conditions have been met, a fine not
exceeding $50.00 may be imposed upon the owner.
Since the meeting when this item was discussed by the City Council, staff has taken steps to address
the issue. With respect to the carts with signs, staff has contacted Ralphs Supermarket and other
owners of such carts and requested additional efforts to pick-up the strays that people push off of
their parking lots. "Orphan carts,"or those carts that do not have signs on them, are not addressed j
by the law and may be picked-up at any time. Staff will increase efforts to pick-up orphan carts, and
Consolidated Disposal Services will dispose of those carts.
RECOMMENDATION:
No action is required.
COUNCIL AGENDA
.Inemo.,,a.nsre, MAR 2 51997
ITEM No. V/ . A.
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.FEB 26 '9711:DOPE GONSALVES & SON I pts'p P 3i3 `}V
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Ch. 291 STATUTES OF 1996
LEGISLATIVE COUNSEL'S DIGEST
AB 317,Granlund. Local agencies: shopping cart retrieval.
Existing law regulates the operation of businesses which retrieve missing shopping carts.
as specified, but does not regulate the provision of similar services by a city, county, or city
and county.
This bill would authorize a city, county, or city and county to impound certain shopping
carts, as specified, and would declare the intent of the Legislature that this regulation
constitutes a matter of statewide concern that shall be governed solely by these provisions.
The people of the State of California do enact as follows:
SECTION 1. Section 22435.1 of the Business and Professions Code is amended to read:
22435.1. The provisions of Section 22435.2 shall apply when a shopping cart or a laundry s,
cart has a sign permanently affixed to it that identifies the owner of the cart or the retailer,
or both; notifies the public of the procedure to be utilized for authorized removal of the cart
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from the premises; notifies the public that the unauthorized removal of the cart from the h.
premises or parking area of the retail establishment, or the unauthorized possession of the
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cart, is a violation of state law; and lists a valid telephone number or address for returning
the cart removed from the premises or parking area to the owner or retailer. ci
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SEC.2. Section 22435.7 is added to the Business and Professions Code,to read:
22435.7. (a) The Legislature hereby finds that the retrieval by local government agencies
of shopping cans specified in this section is hi need of uniform statewide regulation and
constitutes a matter of statewide concern that shall be governed solely by this section st
(b) A shopping cart that has a sign affixed to it in accordance with Section 22435.1 may be pi
impounded by a city, county, or city and county, provided both of the following conditions
have been satisfied:
(1) The shopping cart is located outside the premises or parking area of a retail establish-
' ment. The parking area of a retail establishment located in a multistore complex or shopping
center shall include the entire parking area used by the complex or center.
(2) The shopping cart is not retrieved within three business days from the date the owner
of the shopping cart, or his or her agent, receives actual notice from the city, county, or city
and county of the shopping cart's discovery and location. _ di.
(c) In instances where the location of a shopping cart will impede emergency services, a fp.
city, county, or city and county is authorized to immediately retrieve the shopping cart from pr
public or private property. Pz
(d) Any city, county, or city and county that impounds a shopping cart under the authority
provided in subdivisions (b)and (c) is authorized to recover its actual costs for providing this rot
service. he
(e) Any shopping cart that is impounded by a city, county, or city and county pursuant to hr
subdivisions(b)and(e)shall be held at a location that is both: fu:
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(1) Reasonably convenient to the owner of the shopping cart.
(2) Open for business at least six hours of each business day. sh.
If) A.city, county, or city and county may fine the owner of a shopping cart in an amount cat
not to exceed fifty dollars($50) for each occurrence in excess of three during a specified six- vel
month period for failure to retrieve shopping carts in accordance with this section- An sh:
occurrence includes all shopping carts impounded in accordance with this section in a one-day mil
period. Ins
(g) Any shopping cart not reclaimed from the city, county, or city and county within 30
days of receipt of a notice of violation by the owner of the shopping cart may be sold or tit
otherwise disposed of by the entity in possession of the shopping cart. op,
(h) This section shall not invalidate any contract entered into prior to June 30, 1996, ad,
between a city, county, or city and county and a person or business entity for the purpose of ref
retrieving or impounding shopping carts.
1874 Addition or changes indicated by underline; nelelinns by atlerisks ' ' •
'� : I EB 25 '97 10 59PM GONSPLVES & SON �• . 'z� , y
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'96
1995-1996 REGULAR SESSION Ch. 291
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his bill would prmide that no reimbursement is required by this act for a specified reaso.
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to Thd• ople of the State of California do enact as foliows'
IP SEC ' 1. Section 18113.9 is added to the Health and Safety Code, to read-
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13113.9. il For the purposes of this section:
he ' (1) "Burg : saes" are security barslocated on the inside or outside of a •.or or window of •
'et a residential • ing.
(2) "Residenti .welling' means a house, apartment, motel, ho- , or other type of
he residential dwelling •eject to the State Housing Law (Pt. 1.5(corn t cing with Sec, 17910),
on - Div. 13) and a man : tured home, mobilehome, and multiuni anufactured housing as
defined in Part 2(comm:.. 'ng with Section 18000) of Division 1'
(b) On or before July 1, '98, the State Fire Marshal she develop and adopt regulations
for the labeling and packagini .f burglar bars addressint - e requirements in the California
Building Standards Code inters:..• to promote safety in - event of a fire. For this purpose,
the regulations shall include spe ation of the langu. _e to be printed on the packaging,the
location of the language on the pa ir•-ng, and the .light and stroke of the print type to be
utilized. The regulations shall dire:., the cons . er or installer to contact the local fire
department or local building official to • _ ermine • hether the city or county requires that the
burglar bars have a release mechanism •' • •utside for use by the fire department in the
event of a ftre emergency.
(c) Burglar bars shall not be sold Ni .•a at wholesale or retail unless the burglar
bars are either labeled or their packat- I con : •s the warning information specified in the
regulations adopted pursuant to subdi -'on (b). 'a subdivision shall become operative 180
days after the regulations required it ubdivision (• ere adopted by the State Fire Marshal.
(d) Any contractor or installer burglar bars she'• •rovide the owner of the residential
dwelling the warning informati•, required pursuant t'•• ubdivision (b) prior to installing
burglar bars. '
(e) No person shall install -:r profit unopenable burglar b.'-, on a residential dwelling (U
9n where the California Buildi•. Standards Code requires openab : .urglar bare for emergency
:re escape or rescue, or (2) • mobilehomes, manufactured homes, multiunit manufactured
he housing unless at least -e window or door to the exterior in sac' edroom is openable for
ty emergency escape or scue. This subdivision shall become opera:- e 180 days after the
at regulations require subdivision(b)are adopted by the State Fire M: al.
SEC.a Nor bursement is required by this act pursuant to Section'. of Article XIII B
In of the Califor ' onstitution because the only costs that may be incurred a local agency
ng or school d -et will be incurred because this act creates a new crime' •r infraction,
al. eliminates The or infraction, or changes the penalty, for a crime or infractr• within the
pt meaning Section 17556 of the Government Code,or changes the definition of a . e within
in the me ng of Section 6 of Article XIII B of the California Constitution.
is N 'thstanding Section 17580 of the Government Code, unless otherwise speci • the
re pr cions of this act shall become operative on the same date that the act takes -ct
at p suant to the California Constitution.
he
he
re. LOCAL AGENCIES--SHOPPING CART RETRIEVAL
ns CHAPTER 291
to AB. No. 317
se
AN ACT to emend Section 22435.1 of, and to add Section 22425.7 to. the Business and Professions
sol • Code.,relating to shopping cart:.
e6 •
!Approved by Governor July 25, 1996.1 t
(Filed with Secretary of State July 25,1996.)
Additions or changes indicated by underline; deletions by asterisks ' ' ' 1873
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