CC - Item 4C - Ordinance 934 - Second Reading of Guidelines for Shopping Cart Containment and Abatement - Municipal Code 9.12.080ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER �*
DATE: DECEMBER 10, 2013
SUBJECT: ORDINANCE 934 — SECOND READING: GUIDELINES FOR SHOPPING
CART CONTAINMENT AND ABATE — MUNICIPAL CODE 9.12.080
SUMMARY
On November 12, 2013, the City Council introduced Ordinance No. 934, amending
section 9.12.080 of chapter 9.12 of title 9 of the Rosemead municipal code, regarding
guidelines for shopping cart containment and abatement. Ordinance Nos. 934 is now
before Council at the required second reading for adoption.
Staff Recommendation
Staff requests that City Council ADOPT Ordinance No. 934 at its second reading.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
A GLORIA MOLLEDA
CITY CLERK
Attachment A — Ordinance No. 934
ITEM NUMBER:
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 located outside the business premises in
accordance with California Business and Professions Code section 22435.8. Any fees
for such removal will be set established by resolution of the City Council.
C. Possession. No person shall have in his or her possession within the City
any commercial shopping cart, shopping basket or other similar device. Persons that
Council.
E. Definitions. For purposes of this section, the following words and terms have
the following meanings:
'Business establishment' means any business which offers or provides
shopping carts for the use of the customers of such business, regardless of whether
such business is advertised or operated as a retail or wholesale business, and
regardless of whether such business is open to the general public, or is a private club or
business, or is a membership store.
"Commercial shopping cart" means a basket which is mounted on wheels
folding carts or other similar devices that are purchased for personal use.
generally used by a customer in the business establishment for the purpose of
transporting goods of any kind.
"Premises" means any building, property or other area upon which any
business establishment is conducted or operated, including the parking area provided
for customers of such business establishment."
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.
D. Shopping Cart Containment Plan. The City may require shopping cart
owners engagina in business in the City as of the effective date of this chapter to
implement a shopping cart containment plan. Such containment plan shall be at the
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 10` day of December, 2013.
Polly Low
Mayor
ATTEST:
Gloria Molleda
City Clerk
APPROVED AS TO FORM:
Rachel H. Richman
City Attorney