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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. '•