HomeMy WebLinkAboutItem 6c. Introduce an Ordinance amending Municipal Code Title 8 (Health & Safety) to add Chapter 8.10 (Shopping Carts) Item 6c
Department: Public Works
Cost Center: 5001
For Agenda of: 5/17/2022
Placement: Public Hearing
Estimated Time: 30 Minutes
FROM: Shelly Stanwyck, Assistant City Manager
Prepared By: Matt Horn, Public Works Director
Greg Cruce, Deputy Director – Maintenance Operations
Rebecca Bernstorff, Business Services and Administrative Manager
Brendan Pringle, Administrative Analyst
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING THE SAN LUIS
OBISPO MUNICIPAL CODE TO ADD CHAPTER 8.10 (SHOPPING
CARTS), REQUIRING THE PRIVATE MANAGEMENT OF SHOPPING
CARTS AND RETRIEVAL OF CARTS FROM PUBLIC SPACES
RECOMMENDATION
Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis
Obispo, California, amending Title 8, Health and Safety, of the Municipal Code to add
Chapter 8.10 pertaining to the unauthorized removal of shopping carts from retail
establishments and to facilitate retrieval of abandoned shopping carts.”
DISCUSSION
Background
On April 13, 2021, two ordinances were introduced to the City Council – the first related
to the unauthorized removal of shopping carts from business premises and the second to
clarify language about tents and similar structures that are prohibited encroac hments in
City parks. The Council discussed both recommendations at length and made
modifications to the shopping cart ordinance for a second reading on May 4, 2021. On
May 3, 2021, staff and Council received a demand letter on behalf of Unhoused Clients
from California Rural Legal Assistance (CRLA) Public Interest Law Project (PILP) which
threatened litigation against the City related to the adoption of the Ordinance
Amendments. In response, on May 4, prior to the City Council meeting, the City Attorney’s
office recommended that the Council continue the final adoption of both Ordinance
Amendments to a date uncertain. Following this action, staff met with business owners
and updated the shopping cart ordinance to encourage greater accountability on the part
of shopping cart owners and focused the ordinance following review of best practices
from other municipalities.
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Item 6c
Public Nuisance and Landfill Impact of Abandoned or Unattended Shopping Carts
The City has a substantial interest in promoting the public health, safety, and welfare of
its residents, visitors, and businesses, and the aesthetic qualities of the City. Abandoned
or unattended shopping carts off the premises of retail establishments can interf ere with
pedestrian and vehicle traffic and the use of public streets, sidewalks, public areas, and
public rights-of-way for their intended purposes, and can create dangerous conditions for
users of those public spaces. Since no City ordinance currently exists (there is State law
guidance on this topic in the Business and Professions Code that permits implementing
an ordinance at the local level), shopping cart owners do not actively retrieve carts,
leaving the City to remove dozens of abandoned shopping carts every week from public
spaces. They can also constitute a hazard to streams, riparian areas, and other natural
spaces, and contribute substantially to litter, clutter, and visual blight. In some instances,
they are returned, in other instances the owner picks them up, and in most cases, they
are delivered to the landfill because of the significant time and effort that takes away from
other core city services.
Chapter 19 of the California Business and Professions Code (Sections 22435 to
22435.13) permits cities to develop an ordinance with regulations to eliminate the
accumulation of abandoned shopping carts within city limits, and it has guided the content
of this ordinance.
The proposed ordinance would deem abandoned or unattended shopping carts found off
the premises of retail establishments, on either public or private property, to be a public
nuisance, subject to abatement by the City if the private retai l owners of the shopping
carts do not fulfill their obligations to maintain their carts on site or retrieve those that have
migrated offsite.
The intent of the ordinance is to:
1) Provide for pedestrian and vehicle safety;
2) Ensure that the flow of pedestrian or vehicle traffic is not unreasonably interfered
with, including ingress into or egress from any residence, place of business, street,
sidewalk, public area, public right-of-way, or any legally parked or stopped
vehicle;
3) Protect streams, riparian areas, and other natural areas; and
4) Reduce litter, clutter and visual blight associated with abandoned or unattended
shopping carts.
5) Divert cart waste from the landfill; and
6) Balance the rights and interests of the owners of shopping carts with the rights and
interests of those who do not own shopping carts but are negatively impacted by
shopping carts on private and public property.
The objective of the ordinance is to provide a mechanism to place primary responsibility
for managing carts with retailers who provide shopping carts to their customers and to set
requirements for the prompt retrieval of carts that have been taken off business premises.
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Item 6c
Staff in the Community Development Department’s Code Enforcement Division will track
the occurrence of abandoned carts to define and measure the effectiveness of the
ordinance and establish a follow-up process to identify businesses with the most
abandoned carts, with the goal of improving cart security and reducing their share of
abandoned carts.
Summary of Ordinance
This proposed ordinance adds Chapter 8.10 to the City’s Municipal Code to facilitate the
retrieval of abandoned shopping carts in the City of San Luis Obispo and defines
“abandoned or unattended shopping cart” as a cart that is “left unattended, discarded or
abandoned upon any public or private property other than the premises from which the
shopping cart was removed, regardless of whether such shopping cart was removed from
the premises with the authorization or consent of the cart’s owner.” The ordinance
encourages responsibility of retrieval by the shopping cart owner. It also establishes
requirements for cart containment and retrieval by cart owners, procedures for
impoundment of abandoned carts by the City, and recovery from the cart owner of fines
and costs incurred by the City.
Partnership with Local Businesses and Abandoned Shopping Cart Prevention and
Retrieval Plan
The benefits of the proposed ordinance (Attachment A) will be achieved through the
establishment of best practices by businesses as follows:
1) Cart Identification
a) Application of signage to each cart identifying the owner with their contact
information;
2) Community Outreach
a) Placement of signage at parking areas warning that the removal of carts from
premises could result in a fine;
3) Loss Prevention Measures
a) Measures to secure carts during off hours and the impoundment of the carts found
off premises; and
b) The development and approval of an Abandoned Shopping Cart Prevention and
Retrieval Plan (Attachment B), for all businesses who provide or intend to provide
twenty-five (25) or more shopping carts to customers, defining:
i) Loss prevention measures (e.g. electronic or other disabling devices, use of
courtesy clerks, use of security personnel, or a security deposit system);
ii) Inspection, testing and repair of all abandoned carts returned to the owner prior
to making the returned carts available for use;
iii) Ongoing employee training program, designed to prevent carts from being
taken off premises; and
iv) A plan for retrieval of abandoned shopping carts within three (3) business days
after knowing of a cart’s removal from the owner’s premises or after receiving
notice from the City that the shopping cart has been abandoned.
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Item 6c
Owners of shopping carts who provide less than twenty-five (25) carts can self-certify and
are not required to submit an abandoned shopping cart prevention and retrieval plan.
Owners of over 25 shopping carts must submit Abandoned Shopping Cart Prevention
and Retrieval Plans to the City within 60 days of the Ordinance becoming effective or
alternatively, if a business opens after that date, then within 30 days after a business that
uses shopping carts commences operations.
Since an Abandoned Shopping Cart Prevention and Retrieval Plan is required, any owner
who fails to provide the abandoned shopping cart prevention and retrieval plan would be
required to pay the City $100 for each calendar month the plan is not provided, as a
penalty for noncompliance.
Outreach on Shopping Cart Security Systems and City Incentive Offering
Last year, the Police Department and Public Works Department reached out to many of
the large retail establishments regarding the businesses’ practices regarding shopping
cart retrieval. All of the store managers contacted wanted to partner with the City in finding
a solution to shopping carts being taken off -premises. However, they indicated that they
do not have the resources nor want the liability of having current staff retrieve the carts.
There are technology-based options, in addition to personnel and signage, to secure and
retain shopping carts. One is for individual carts to have geographic technologies, similar
to geofencing, installed on them to prevent them from being removed from properties and
avoid retrieval costs. While such security systems can be costly to implement, some retail
establishments have already installed wheel-lock devices on their carts, and the City has
set aside $60,000 in economic development grant funds to be awarded to shopping cart
owners toward the installation of disabling devices or other security measures, following
submittal and approval of their Abandoned Shopping Cart Prevention and Retrieval Plan.
Owners may choose which method of cart containment will work best for their particular
store. The proposed ordinance allows designated staff in the Community Development
Department’s Code Enforcement Division to review the plans for compliance and to make
necessary corrections to plans before approval.
Outline of Penalties and Violations for Shopping Cart Retrieval
The ordinance outlines penalties for violations and noncompliance, as limited by the
California Business and Professions Code. Any owner who fails to retrieve the owner’s
shopping cart or shopping carts within three business days from the date of being given
notice of the cart’s or carts’ discovery and location, or impoundment, by the City, may be
levied with an administrative fine of fifty dollars ($50) for each occurrence in excess of
three during the six-month period starting January 1 and ending on June 30 or the six-
month period starting July 1 and ending December 31 of each calendar year.
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Item 6c
Additionally, the owner would pay the City’s actual costs for retrieving and storing the
owner’s shopping cart or carts except when the owne r, or their authorized agent, reclaims
their cart or carts within three business days from being given notice of the cart’s or carts’
discovery and location, or impoundment, by the City. The cost to retrieve an impounded
cart will be based upon the City’s actual costs provided for in the Comprehensive Fee
Schedule. If the owner takes action within three business days, all fines, costs and fees
would be waived.
Policy Context
Enacted in 1997, Chapter 19 of the California Business and Professions Code (Sections
22435 to 22435.13) known as the “California State Shopping Cart and Laundry Cart Law,”
guides shopping cart abatement and impoundment. The California Business and
Professions Code permits cities to develop an ordinance with regulations to eliminate the
accumulation of abandoned shopping carts within city limits so long as it does not conflict
with State law. However, those regulations only apply to a shopping cart that has a sign
affixed to it. Since the cited provisions do not require shopping ca rt owners to affix the
signs, many cities in California have adopted local ordinances to require signs and to
further expand upon the provisions for management of shopping carts within their
jurisdictions. The proposed ordinance is consistent with State la w, which makes it
unlawful to remove a shopping cart from business premises or to possess it after it has
been removed and following all notification and impoundment guidelines.
The proposed Ordinance does not add any additional penalties against indi viduals for
unlawfully removing a shopping cart. Individuals can already be cited under State law for
this violation. The focus of the proposed ordinance is cart recovery and management by
shopping cart owners. Staff believes that the implementation of the proposed additional
language provides a clear, cost-effective and responsible approach to address the matter
through proper responsible parties.
Public Engagement
The focus of public engagement has been to inform, educate, and listen to concerns. The
public engagement on the topic of shopping carts has included business community
outreach to businesses with shopping carts, the San Luis Obispo Chamber of Commerce
and Downtown SLO. Last year, the Police Department and others met with managers of
large stores that have shopping carts to explore options to manage and retrieve errant
carts. Additionally, in March and prior to consideration of this ordinance, staff have sent
a follow up letter to all stores that have 25 or more shopping carts, making them awa re of
this proposed ordinance.
CONCURRENCE
This report reflects a multi-departmental effort with the City Attorney, Administration,
Police, Fire, and Community Services Group, including Community Development, Parks
and Recreation and Public Works, all in concurrence with the above-described approach
and recommendation.
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Item 6c
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), it can be seen with certainty
that there is no possibility that the proposed Municipal Code Amendment regarding the
security of shopping carts will have any effect on the environment (General Rule
Exemption CEQA Guidelines Sec. 15061(b)(3)).
Additionally, the proposed ordinance would be exempt per CEQA Section 15301 Existing
Facilities, as there would be negligible or no expansion of use; CEQA Section 15308
Actions by Regulatory Agencies for the Protection of the Environment, as the proposed
ordinance is intended to assure the maintenance and protection of the environment; and
15311 Accessory Structures, regarding potential placement on-premise signage needed
for public notification associated with the proposed ordinance.
FISCAL IMPACT
Budgeted: Yes Budget Year: FY 2021-22
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $0 $0 $0
State
Federal
Fees
Other:
Total $0 $0 $0 $0
There are no direct fiscal impacts associated with this action, although significant staff
time is being expended to deal with abandoned shopping carts. While this cost is covered
through the annual budget appropriation for the various programs that are affected, this
ordinance would allow staff to concentrate on service and p rogram delivery to the
community.
Additionally, the incentive program referenced above will utilize $60,000 in economic
development grant funds that have been set aside for this purpose.
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Item 6c
ALTERNATIVES
While staff believe the ordinance presented is complete work, Council may want to pursue
the following:
1. Modify the ordinance as proposed.
2. Do not adopt the ordinance as proposed. This action is not recommended by staff
as cart retrieval has become a significant effort, diverting important resources and City
staff to the removal efforts instead of to the City’s core programs and services.
3. Provide further direction to staff regarding the ordinance.
ATTACHMENTS
A – Draft Ordinance adopting Chapter 8.10 (Shopping Carts)
B – Draft Abandoned Shopping Cart Prevention and Retrieval Plan Template
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O _____
ORDINANCE NO. ______ (2022 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 8, HEALTH AND SAFETY,
OF THE MUNICIPAL CODE TO ADD CHAPTER 8.10 PERTAINING TO
THE UNAUTHORIZED REMOVAL OF SHOPPING CARTS FROM
RETAIL ESTABLISHMENTS AND TO FACILITATE RETRIEVAL OF
ABANDONED SHOPPING CARTS
WHEREAS, The City has a substantial interest in promoting the public health,
safety and welfare of its residents, visitors and businesses, and the aesthetic qualities of
the City; and
WHEREAS, Abandoned or unattended shopping carts off the premises of retail
establishments can interfere with pedestrian and vehicle traffic and the use of public
streets, sidewalks, public areas, and public rights-of-way, can constitute a hazard to
streams, riparian areas and other natural areas, and contribute substantially to litter,
clutter and visual blight; and
WHEREAS, The purpose of this ordinance is to promote the public health, safety
and welfare, and the aesthetic qualities of the City by regulating and prohibiting the
removal of shopping carts from the premises of retail establishments, including
designated parking areas, without the authorization or consent of the cart’s owner, and to
regulate the retrieval and disposition of abandoned or unattended shopping carts that are
found off the premises of retail establishments so as to:
1. Provide for pedestrian and vehicle safety;
2. Ensure that the flow of pedestrian or vehicle traffic, including ingress into or
egress from any residence, place of business, street, sidewalk, public area,
public right-of-way, or any legally parked or stopped vehicle, is not
unreasonably interfered with;
3. Help protect streams, creeks, riparian areas, and other natural areas within the
City;
4. Reduce litter, clutter, and visual blight associated with abandoned or
unattended shopping carts;
5. Divert cart waste from the landfill; and
6. Balance the rights and interests of those engaged in commercial activities that
provide shopping carts for use by customers with the rights and interests of
those who do not want to be disturbed by abandoned or unattended shopping
carts on private and public property.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
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SECTION 1. Findings. The Council hereby finds and declares the following:
1. The above recitals are true and correct and are incorporated herein by
reference.
2. The presence of abandoned or unattended carts, or parts thereof, on private or
public property is found to create a condition tending to reduce the value of
private property, to create blight and deterioration, interfere with pedestrian and
vehicular traffic, to be injurious to health, safety, and general welfare, and
contributes to landfill waste. The presence of abandoned or unattended carts,
or parts thereof, on private or public property, except as expressly hereinafter
permitted, is declared a public nuisance which may be abated as such in
accordance with the provision of this chapter.
3. Pursuant to the California Environmental Quality Act (CEQA), it can be seen
with certainty that there is no possibility that the proposed Municipal Code
Amendment regarding the security of shopping carts will have any effect on the
environment (General Rule Exemption CEQA Guidelines Sec. 15061(b)(3))
and the proposed ordinance would be exempt per CEQA Section 15301
Existing Facilities, as there would be negligible or no expansion of use; CEQA
Section 15308 Actions by Regulatory Agencies for the Protection o f the
Environment, as the proposed ordinance is intended to assure the maintenance
and protection of the environment; and 15311 Accessory Structures, regarding
potential placement on-premise signage needed for public notification
associated with the proposed ordinance.
SECTION 2. Chapter 8.10 of the San Luis Obispo Municipal Code is hereby added
to read as follows:
8.10.010. Authority and Purpose
This Chapter is adopted pursuant to Business and Professions Code Sections
22435 through 22435.8 and the City’s general police powers for the purpose of
regulating and prohibiting the removal of shopping carts from the premises of retail
establishments, including designated parking areas, without the authorization or
consent of the shopping cart’s owner, and to regulate the retrieval and disposition
of abandoned or unattended shopping carts that are found off the premises of retail
establishments.
8.10.020. Applicability
This Chapter applies to all businesses located in the City that provide shopping
carts for customer use and to all shopping carts on and off the premises of
businesses within the City.
8.10.030. Administration
The Director is authorized to administer this chapter which includes, without
limitation, the ability to promulgate administrative policies and procedures to
interpret, implement and enforce this chapter.
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8.10.040. Definitions
“Abandoned or unattended shopping cart” means any shopping cart which is left
unattended, discarded or abandoned upon any public property other than the
premises from which the shopping cart was removed, without the authorization or
consent of the cart’s owner.
"Abandoned shopping cart prevention and retrieval plan ," shall mean a document
required to be submitted by the responsible business owner, pursuant to this
chapter.
“Agent” means the person or persons designated by the owner of a shopping cart
authorized to perform or provide retrieval services on behalf of the owner. The
agent may be the owner, store manager, employee or a private cart retrieval
company.
“Director” shall mean the Assistant City Manager, or Director of Utilities or Director
of Public Works, or the Director of Community Development for the City of San
Luis Obispo, or such other Director, as designated by the City Manager, to
administer the appropriate sections of this chapter.
“Occurrence” means the retrieval or impoundment by the City pursuant to this
chapter of all shopping carts of an owner in a one -day period.
“Owner” means a person who owns or provides shopping carts for use by
customers in connection with the operation of a business. “Person” includes,
without limitation, individuals, corporations, partnerships, and all other legal
entities, and officers, employees, and authorized agents of an owner.
“Premises” means the entire area owned and utilized by a retail establishment that
provides shopping carts for use by customers, including any parking lot or other
off-street area provided by an owner, or shared with other ret ail establishments,
for use by customers for parking automobiles or other vehicles.
“Public property” means the outdoor common area of any building, business
premises, apartment building or complex, or other premises or portion thereof
which is adjacent to public property, open to the public, and which contains a
shopping cart or shopping carts visible at street or ground level from the adjacent
public property.
“Retail establishment,” with regard to shopping carts, means any business located
in the City of San Luis Obispo which offers or provides shopping carts for the use
by 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, is a private club or business, or is a
membership store.
“Shopping cart” means a basket mounted on wheels or a similar device generally
used by a customer for the purpose of transporting goods of any kind within a retail
establishment or designated parking or loading area of that business
establishment.
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8.10.050. Required Signs and Identification
A. Cart identification and removal warning signs required.
Pursuant to Section 22435.1 of the Business and Professions Code, every
shopping cart owned or provided by an owner shall have a sign permanently
affixed to the shopping cart that includes the following information:
1. The owner’s name, business address and phone number.
2. Notice of the procedure to be utilized for authorized removal of the
shopping cart from the premises.
3. Notice that unauthorized removal of the shopping cart from the premises
or parking area of a retail establishment, or the unauthorized possession
of the shopping cart, is a violation of state law and this ch apter.
8.10.060. Prohibitions
A. Unauthorized removal unlawful.
It shall be unlawful for any person, either temporarily or permanently, to remove a
shopping cart from a business premises or be in possession of a shopping cart
with a permanently affixed sign as provided in Section 8.10.050, that has been
removed from a premises without written consent of the owner authorized by this
chapter or for the purpose of repair, maintenance, or disposal authorized by this
chapter.
An owner may permit customer off -premises use of a shopping cart for
transportation of purchased items. The authorization must be in writing with date (s)
and time(s) of authorized use. Any shopping cart taken off premises must be
returned to the owner’s premises within seventy-two (72) hours.
B. Abandonment prohibited.
It shall be unlawful and a public nuisance for any person to cause or permit any
shopping cart to be abandoned or remain unattended on or upon any sidewalk,
street, alley or other public area, other than the premises of the owner of such
shopping cart.
8.10.070 Cart Containment and Retrieval by Owners
A. Mandatory Secure Containment of Shopping Carts After Hours.
Every shopping cart owner must lock or otherwise securely contain all shopping
carts of the owner after business hours in a manner that prevents theft or removal
from the premises. All shopping carts located on the premises of a retail
establishment, other than an establishment open for business twenty-four hours
per day, must be collected at the end of each business day by the owner,
employees, or authorized agents of the retail establishment and be collectively
confined in a secured manner in a designated cart confinement area on the
premises until the commencement of the next business day.
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All shopping carts located on the premises of any retail establishment open for
business twenty-four hours per day, other than carts then currently in use by a
customer, must be collected by the owner, employees, or authorized agents of the
retail establishment and returned to a designated cart confinement area on the
premises at least twice per calendar day between the hours of twelve p.m. (noon)
and twelve a.m. (midnight) on each day the retail establishment is open for
business. This section does not apply to:
1. Shopping carts located within an enclosed building.
2. Shopping carts removed from the premises of a retail establishment for
purposes of repair or maintenance that are in the possession or custody of
the party to whom removal has been authorized in writing by the shopping
cart owner.
3. Shopping carts being transported by the owner, or an officer, employee, or
authorized agent of the owner, to or from a business location of the owner.
B. Mandatory Retrieval of Carts.
All abandoned shopping carts of a retail establishment that are found off the
premises of the retail establishment must be retrieved as soon as practicable by
the owner, or an authorized agent of the owner, including a cart retrieval service
retained by the owner. The City shall notify the owner of an abandoned shopping
cart when such shopping cart is located in a place that can be accessed safely by
the owner. Such notice may given be by telephone, email or text message to the
owner or owner’s agent designated in the abandoned shopping cart prevention
and retrieval plan, if an approved plan is in place, and shall include the cart’s
location. Within three (3) business days from the date the owner of the cart is
provided with notice by the City that an abandoned shopping cart of the owner has
been located, the owner or agent shall cause the identified shopping cart(s) to be
retrieved.
C. Retrieval Services.
Persons retained to perform shopping cart retrieval services must carry written
authorization from the owner to be presented upon request by the Director or
designee. Vehicles used by retrieval services must bear conspicuous signs
identifying the name of the cart retrieval service.
8.10.080. Impoundment and Retrieval of Abandoned Shopping Carts
A. The Director or designee may immediately retrieve and impound any shopping
cart, in accordance with the provisions outlined in Business and Professions
Code Section 22435.7.
B. Impoundment Following Three-Day Notice.
A shopping cart that has a sign affixed to it in accordance with the provisions
of this chapter and Business and Professions Code Section 22435.1 may be
impounded by the City provided both of the following conditions are met:
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1. The shopping cart is located outside the premises or parking area of a
retail establishment; and
2. Except as provided in the Impoundment Without Three -Day Notice
section of this chapter, 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 of the shopping cart’s
discovery and location.
C. Impoundment Without Three-Day Notice.
1. The City may retrieve and impound any abandoned shopping cart
without first giving three-days’ notice provided:
a. The Director or designee provides actual notice to the owner, or
his or her agent, of the impoundment of the shopping cart within
twenty-four (24) hours following the impound;
b. The notice informs the owner, or his or her agent, of the location
where the shopping cart may be claimed;
c. Any shopping cart reclaimed by the owner, or his or her agent,
within three (3) business days after the date of actual notice to
the owner, or his or her agent, of the impound, must be released
and surrendered to the owner, or his or her agent, at no charge,
including the waiver of any impound and storage fees or fines
which otherwise would be applicable; and
d. The shopping cart is held at a location that is both:
i. Reasonably convenient to the owner of the shopping cart;
and
ii. Open for business at least six (6) hours of each business
day.
D. Immediate Retrieval and Impoundment by City for Impeding Emergency
Services.
The Director or designee may immediately retrieve and impound any shopping
cart from public or private property if the location of the shopping cart impedes
emergency services.
E. Any cart reclaimed by the owner or their agent within three (3) business days
from the date the owner of the shopping cart, or their agent, is given actual
notice by the City of the shopping cart’s discovery and location, or
impoundment, shall not be deemed an occurrence for purposes of this chapter.
F. The owner of any shopping cart that is not reclaimed within three (3) business
days after the date the owner has been given actual notice by the City of the
shopping cart’ s discovery and location, or impoundment, is subject to
prosecution or the imposition of administrative costs, fees, fines, interest and
other penalties applicable under this chapter commencing four (4) business
days after the date of notice.
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8.10.090. Abandoned Shopping Cart Prevention and Retrieval Plan
A. Abandoned Shopping Cart Prevention and Retrieval Plan Required. Every
owner who provides or intends to provide twenty-five (25) or more shopping
carts to customers shall develop, implement and comply with the terms and
conditions of an approved abandoned s hopping cart prevention and retrieval
plan to prevent the unauthorized removal of shopping carts from a premises
and, if removed, to retrieve the shopping cart within three (3) business days
after knowing of the cart’s removal from the premises or after re ceiving notice
from the City that the shopping cart has been abandoned. Owners of shopping
carts who provide less than twenty-five (25) carts can self-certify and are not
required to submit an abandoned shopping cart prevention and retrieval plan.
To be effective, an abandoned shopping cart prevention and retrieval plan must
be approved by the Director. To be eligible for approval, an abandoned
shopping cart prevention and retrieval plan shall include the following elements:
1. Name. The name of the owner and the business name, the physical address
where the business is conducted, name, address and phone number(s) of
the on-site and off-site owner, if different.
2. Inventory of Carts. A complete list of all shopping carts maintained on or in
the premises.
3. Community Outreach. A description of a community outreach process
under which the owner shall cause notice to be provided to customers that
the removal of shopping carts from the premises is prohibited and is a
violation of state and City ordinance. This notice may include, but is not
limited to, flyers distributed at the premises, warnings on shopping bags,
signs posted in prominent places near door and parking lot exits, direct mail,
announcements using intercom systems at the premises, web site or other
means demonstrated to be effective to the reasonable satisfaction of the
Director.
4. Cart Identification. Signs and shopping cart identification requirements
which conform to state law. Owners shall attach an example of the proposed
shopping cart ownership identification sign which shall conform to California
Business and Professions Code Section 22345.1.
5. Languages. The information required above must be provided in English
and Spanish or in such other language the Director may reasonably require.
6. Loss Prevention Measures. A description of the specific measures that the
owner shall implement to prevent shopping cart removal from the owner’s
premises. These measures may include, but are not limited to, electronic or
other disabling devices on the shopping carts so they cannot be removed
from the premises, effective management practices, use of courtesy clerks
to accompany customers and return the shopping carts to the store, use of
security personnel to prevent removal, security deposit for use of shopping
cart, or other demonstrable measures acceptable to the Director that are
likely to prevent shopping cart removal from the premises. Cart owners shall
conduct regular maintenance to ensure disabling devices and/or security
Page 1271 of 1284
Ordinance No. _______ (2022 Series) Page 8
O ______
deposit systems are working properly. If at any time, a cart owner
determines the disabling device installed on a cart is not working properly,
the cart shall be pulled from circulation until it is repaired. The cart owner
shall inspect, test, and repair all abandoned carts returned to the owner prior
to making the returned carts available for use.
7. Employee Training. A description of an ongoing employee training program
that shall be implemented by the owner and that shall be designed to
educate new and existing employees on the abandoned shopping cart
prevention plan and conditions contained therein at least annually.
8. Mandatory Cart Retrieval. A plan for retrieval of abandoned shopping carts
by the owner within three (3) business days after knowing of a cart’s
removal from the owner’s premises or after receiving notice from the City
that the shopping cart has been abandoned.
B. Failure to Submit Plan. The plan must be submitted to the City within sixty (60)
days after the ordinance that implements this chapter becomes effective or
alternatively, if a business opens after th e date the ordinance that implements
this chapter becomes effective, then within thirty (30) days after a business that
uses carts commences operations. Any owner who fails to provide the
abandoned shopping cart prevention and retrieval plan shall be required to pay
the City $100 for each calendar month the plan is not provided, as a penalty for
not complying with this Section 8.10.090.
8.10.100. Recovery of Fines and Costs by City
A. Pursuant to Business and Professions Code Section 22435.7(f), any owner that
fails to retrieve the owner’s shopping cart or shopping carts within three (3)
business days from the date of being given notice of the cart’s or carts’
discovery and location, or impoundment, by the City, is guilty of a violation of
this chapter and may be punished with an administrative fine of fifty dollars
($50) for each occurrence in excess of three (3) during the six-month period
starting January 1 and ending on June 30 or the six-month period starting July
1 and ending December 31 of each calendar year.
B. In addition to the fines imposed above, the owner shall pay the City’s actual
costs for retrieving and storing the owner’ s shopping cart or carts except when
the owner, or their authorized agent, reclaims their cart or carts within three (3)
business days from being given notice of the cart’s or carts’ discovery and
location, or impoundment, by the City, in which case, all fines, costs and fees
shall be waived.
Page 1272 of 1284
Ordinance No. _______ (2022 Series) Page 9
O ______
8.10.110. Disposal of Abandoned Shopping Carts
The City may sell or otherwise dispose of any shopping cart:
1. That is not reclaimed from the City within thirty (30) days of receipt by the
owner, or the owner’s agent, of actual notice from the City of the cart’s
discovery and location, or impoundment.
2. If the owner of the cart cannot be determined.
3. If the cart is rendered unusable (e.g., mangled, destroyed).
8.10.120. Violation – Penalties
Any person who violates any provision of this Chapter is guilty of an infraction and
is subject to punishment as provided in Chapter 1.12 (General Penalty) or as
provided under Chapter 1.24 (Administrative Code Enforcement Procedures).
Page 1273 of 1284
Ordinance No. _______ (2022 Series) Page 10
O ______
SECTION 3. Publication. A summary of this ordinance, together with the names
of Council members voting for and against, shall be published at least five (5) days
prior to its final passage, in The New Times, a newspaper published and circulated
in this City. This ordinance shall go into effect at the expiration of thirty (30 ) days
after its final passage.
INTRODUCED on the_______ day of _____, 2022, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the______ day of______, 2022, on the
following vote:
AYES:
NOES:
ABSENT:
__________________________
Mayor Erica A. Stewart
ATTEST:
________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
__________________________
Teresa Purrington
City Clerk
Page 1274 of 1284
City of San Luis Obispo
Abandoned Shopping Cart
Prevention and Retrieval Plan
Instructions
Unless otherwise indicated, please complete all sections of this form, and attach any necessary
documentation. Plan (with documentation) must be mailed to the City of San Luis Obispo (919
Palm Street, San Luis Obispo, CA 93401) or sent via email by August 6, 2022, or alternatively, if
your business opened after that date, then within 30 days after your business commences
operations. This form is mandatory if your grocery store or retail establishment has 25 or more
carts.
Penalty for Failure to Submit:
Failure to submit this plan will result in a noncompliance penalty of $100 per calendar month.
General Information
Business Name:
Business Owner:
Physical Address
of Business:
Business Registration
Certificate Number:
Expiration Date:
Business Hours/Days:
On-Site Manager’s Name:
Daytime Phone: Email:
Exemptions
Any business owner may request an exemption from the requirements of this chapter if the owner
provides written documentation and demonstrates to the satisfaction of the City that the business
has less than 25 carts on the premises or has otherwise received approval for exemption from
the Public Works Director.
Explanation of Request for Exemption:
□ My store has less than 25 carts on the premises □ Other (note below):
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Page 1275 of 1284
Cart Information & Identification
Please indicate the total number of carts on the premises for public use: __________________
Every cart owned or provided by any business owner must have a sign permanently affixed to
the cart that contains the following information in English and Spanish, in compliance with
California Business and Professions Code Section 22345.1:
1. The owner’s name, business address and phone number.
2. Notice of the procedure to be utilized for authorized removal of the shopping cart
from the premises.
3. Notice that unauthorized removal of the shopping cart from the premises or
parking area of a retail establishment, or the unauthorized possession of the
shopping cart, is a violation of state law and Chapter 8.10 of the San Luis Obispo
Municipal Code.
>DOCUMENTATION: Please provide samples or photos of signs and other cart
identification.
Signage
Every business that owns or provides carts for the use of its customers within the City shall post
conspicuous signs at or near each entrance to its parking lot and the public entrance doors to its
store notifying its customers that removal of carts from the premises is prohibited. Signs and
shopping cart identification requirements must conform to state law and comply with applicable
provisions of Chapter 8.10 of the San Luis Obispo Municipal Code.
>DOCUMENTATION: Attach an example of both the signage and shopping cart owner
identification noted above to this document.
Containment System Installation
Has a physical or electronic containment system for the purpose of preventing shopping carts
from leaving the property been installed? □ Yes □ No
If yes, is the system currently operational? □ Yes □ No
Please provide specific details on the type of system installed and/or attach any vendor
documentation that will assist us in determining the sufficiency of the method used to contain
carts. Also, please attach photos as an addendum to this document. If the system is not
currently operational, please explain why not:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Page 1276 of 1284
Community Outreach, Loss Prevention, Employee Training and Retrieval
Community Outreach: Please provide a description of the community outreach process under
which the owner shall cause notice to be provided to customers that the removal of carts from
the premises is prohibited, and a violation of state and City ordinance. This may include, but is
not limited to, flyers distributed on the premises, warnings on shopping bags, signs posted in
prominent places near door and parking lot exits, direct mail, announcements using intercom
systems on the premises, website or other means demonstrated to be effective to the
reasonable satisfaction of the Director. Any posting of signs must comply with applicable
provisions of Chapter 8.10 of the San Luis Obispo Municipal Code.
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Loss Prevention: Please provide a description of the specific measures used to prevent cart
removal from the premises. These measures may include, but are not limited to, electronic or
other disabling devices on the carts so that they cannot be removed from the premises, security
deposit systems, modifications to the carts and/or the retail location, use of courtesy clerks to
accompany customers and return carts to the store, use of security personnel to prevent
removal, or other demonstrably effective measures acceptable to the City, likely to prevent cart
removal from the premises:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Page 1277 of 1284
Employee Training: Please provide a description of an ongoing employee training program
that shall be implemented by the owner and that shall be designed to educate new and existing
employees on the Abandoned Shopping Cart Prevention and Retrieval Plan and conditions
contained therein at least annually.
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Cart Retrieval: Please provide a plan for retrieval of abandoned carts by the owner within three
(3) business days after knowing of a cart’s removal from the owner’s premises or after receiving
notice from the City that the shopping cart has been abandoned, or a copy of a contract with a
business registered to operate in San Luis Obispo and approved retrieval service. All contracts
for retrieval must include language prohibiting limits on daily loads and/or limits on daily or
weekly drop-off of abandoned carts.
Note: Persons retained to perform shopping cart retrieval services must carry written
authorization from the owner to be presented upon request by the Director or designee.
Vehicles used by retrieval services must bear conspicuous signs identifying the name of the cart
retrieval service.
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Other Attachments:
Please attach any supplemental photos or documents noted in the sections above to this plan
prior to submission.
Clear photos of cart containment system
Vendor documentation for cart containment system (optional)
Clear photos of required signage
Clear photos of cart identification
Page 1278 of 1284
Introduce an Ordinance Amending the San Luis Obispo Municipal Code to Add Chapter 8.10 (Shopping Carts)
RecommendationIntroduce an Ordinance Amending the San Luis Obispo Municipal Code to Add Chapter 8.10 (Shopping Carts) Requiring the Private Management of Shopping Carts and Retrieval of Carts from Public Spaces2
Background3
Why Does the City Need a Shopping Cart Ordinance?4The City has an interest in promoting the public health, safety and welfare of its residents, visitors, and businesses, and the aesthetic qualities of the City. Shopping carts are increasingly abandoned all over the City and require staff to act as a cart retrieval service; diverting important resources to the removal efforts instead of to the City’s core programs and services.
California Business and Professions Code5Chapter 19 of the California Business and Professions Code (Sections 22435 to 22435.13) Permits cities to develop an ordinance with regulations to eliminate the accumulation of abandoned shopping carts within city limits, and it has guided the content of this ordinance.
Abandoned Shopping Carts – Public Nuisance in SLO6
7How an Ordinance Would Help
Features of the Proposed Ordinance8
Impactful, Not Burdensome to Shopping Cart Owners9
Outreach to Businesses and Representative Groups10
A Growing Trend11Numerous municipalities throughout the state have adopted similar ordinances to address this growing health, safety and environmental issue, including several in our compensation study set:
RecommendationIntroduce an Ordinance Amending the San Luis Obispo Municipal Code to Add Chapter 8.10 (Shopping Carts) Requiring the Private Management of Shopping Carts and Retrieval of Carts from Public Spaces12
Questions
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, Stare of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a primed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to -wit:
in the year 2022
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, California, this day
ti of 2022.
Patricia Horton, New Times Legals
Proof of Publication of
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The San Luis Obispo City Council invites all interested
persons to attend a public hearing an Tuesday, May
17, 2022 at 6:00 p.m. held in the Council Chambers at
City Hall, 990 Palm Street, San Luis Obispo. Please
note that Zoom participation will not be supported,
as this will be an in -person meeting. Meetings can be
viewed remotely on Government Access Channel 20 or
streamed live from the City's YouTuhe channel at bJ0,U
voutube.slo.city. Public comment, prior to the start of
the meeting, may he submitted in writing via U.S. Mail
delivered to the City Clerk's office at 990 Palm Street,
San Luis Obispo, CA 93401 or by email to eme'Icounc I®
slocov.om.
PUBLIC HEARING ITEM:
A Public Hearing to introduce. an Ordinance
amending the San Luis Obispo Municipal Cade to
add Chapter 8.10 (Shopping Cans) requiring the
private management of shopping carts and retrieval
of carts from public spaces.
For more information, you are invited to contact
Greg Cruce of the City's Public Works Department at
(805)781-7264 or by email at gcruce0slocitvoro
The City Council may also discuss other hearings or
business items before or after the items listed above. If
you challenge the proposed project in court, you may be
limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or
in written correspondence delivered to the City Council
at, or prior to, the public hearing.
Council Agenda Reponsforthis meeting will be available
for review one week in advance of the meeting date an
the Clty's website, under the Public Meeting Agendas
web page: httos://www.slociw.ora/oovernmenVmavor-
and-city-council/agendas-and-minutes. Please call the
CityClerk's Office at (805) 781-7100for more information.
The City Council .meeting will be televised live on
Charter Cable Channel 20 and live streaming on the
Citys YouTube channel hurt //voutube slo city
May 5, 2022
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