HomeMy WebLinkAbout11-10-2014 PC TalmageCOUNCIL MEETING: _1 i to I
ITEM NO.: Con+mw ZF
To Mayor Marx and all Council members,
I was contacted by councilmember Carpenter on 9/17/14 and was informed that the council
met briefly after the meeting on 9/16/14 and the consensus of the council members was that
they wanted more information on the Shopping Cart Ordinance that I requested the council
agendize. I have included a copy of the ordinance that is in place for the City of Atwater,
California.
Webster's dictionary defines "Ordinance" as "a public injunction or regulation ". The main goal
of a shopping cart ordinance is to keep shopping carts out of public places for community safety
and public health. A well written ordinance will have provisions for when the community has
cart retrieval service and when the community doesn't have cart retrieval service.
All this being said, the ordinance that I have included a copy of addresses all of this with the
main goal being control of shopping carts in public places. In the set -up of my shopping cart
retrieval business and my researching of different ordinances I have traveled to other cities and
talked with city personnel, business owners /managers, and other cart retrieval operators and I
have discovered that the most effective ordinance utilizes the "impounding method" of the
ordinance. The "reporting method" of an ordinance almost always results in the reported cart
being moved during the 72 hour time limit so that the person coming to the location to retrieve
the cart cannot retrieve the cart. It can (and quite often does) result in a kind of cat and mouse
game of getting the cart.
This is a brief description of how the ordinance (if drafted similar to the Atwater ordinance)
would work. The City would have a contract with a "qualified and approved" cart retrieval
business to be the cart retrieval administrator. The city would also need a secure (lockable,
fenced area) impound area /lot. the city contracted cart retrieval business would be called to
pick -up reported carts in addition to conducting scheduled sweeps of the city to pick -up
abandoned shopping carts and deliver them to the impound area. Once at the impound area
they are tagged and logged -in, then the store or the store's designated retrieval contact
person /business is contacted and the 72 hour time limit for retrieval is started. The ordinance
addresses what happens if the carts are not retrieved from the impound area under the
designated time periods.
There are more details to be discussed about cart retrieval and the ordinance which is why I
requested that the Council agendizes this topic.
I would also like to take this opportunity to let all parties know that my business, FETCH Cart
Services is interested in negotiating a contract with the city to be the city's contracted cart
retrieval administrator.
Best regards Dm
ega ds, Qu
4 Nov 10 ao%
SLO CITY CLERK
W I QrZU 14
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Atwater, California, Code of Ordinances >> Title S - HEALTH AND SAFETY >> CHAPTER 8.30 SHOPPING CART
ABANDONMENT >>
CHAPTER 8.30 SHOPPING CART ABANDONMENT
3.30 010 Definitions
NoOQe Oposfing.
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If.30.040_Abandonmen1 12rohil2kl_e_d.
4,30.050 Possesslon prohibited.
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8,3Q.Q70 Aran oned carts.
8.30.080 Molar orl.
8.30.010 Definitions.
As used in this chapter:
A. Street. A street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, cross walk,
sidewalk, park, parking lot, parking area, and place used by the general public.
B. Person. Any person, corporation, partnership, association, joint stock company, and other entity capable
of being sued.
C. Cart. A basket which 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.
D- Abandoned Cart. Any cart that has been removed without written consent of the owner of the cart from
the premises of the business establishment which owns the cart, regardless of whether it has been left on
either private or public property. This provision shall not apply to carts that are removed for purposes of
repair or maintenance.
E. Owner. A person or business establishment owning or using s hopping carts in connection with its
business.
8.30.020 Notice of posting.
There shall be posted by the owner of any retail establishment furnishing a parking area and shopping carts or
laundry carts for its customers, prominently and conspicuously, a notice in substantially the following form:
'REMOVAL OF SHOPPING CARTS (OR LAUNDRY CARTS, IF APPLICABLE), FROM THESE PREMISES IS
PROHIBITED BY LAW (AMC CHAPTER 8.30) AND WILL SUBJECT THE VIOLATOR TO A MAXIMUM FINE OF
$100.00."
8.30.030 Removal from shopping establishment prohibited.
it shall be unlawful for any person except the owner of the cart or the owner's agent to remove the cart from the
premises of the business that owns or rightfully possesses the cart.
8.30.040 Abandonment prohibited.
It shall be unlawful for any person, or an agent thereof, to leave or permit to be left, any cart, either owned by
him/her or in his/her possession, custody or control, upon any sidewalk, street, or other public place, or upon any
private property, except that of the owner of such cart.
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8.30.050 Possession prohibited.
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It shall be unlawful for any person, or an agent thereof, to be in possession of any cart while that cart is not
located on the premises or parking lot of a retail establishment without the express written consent of the owner of the
cart.
8.30.060 Mandatory plan to prevent cart removallevaluation report.
Every owner who allows or intends to allow the use of carts outside the building of a business shall develop and
implement a specific plan to prevent customers from removing carts from the business premises. The plan must include
the following elements:
A. Notice to Customers. Written notification shall be provided to customers that removal of carts from the
premises and parking lots is prohibited and a violation of state and local law. This notice may be provided
in the form of flyers, warnings on shopping bags, or any form of written notification that will effectively
notify customers of the prohibition;
B. Signs. Signs shall be placed in pertinent places as required by Section 8.30.020
C• Mandatory Cart Retrieval. In addition to the above provisions, an owner must provide to and have
approved by the City, a plan to provide for retrieval of abandoned carts by its employees, or have
entered into a contract for cart retrieval services that is approved by the City.
8.30.070 Abandoned carts.
A. Notification for Retrieval of Abandoned Carts. The City shall notify the owner of any abandoned carts owned or
used by the business establishment that have been located within the City. The owner shall have three days
from the date the notification is given to retrieve the carts from the specified location. The City shall keep a
record of notifications for retrieval of abandoned carts for purposes of' determining the effectiveness of the plans
to prevent the removal of carts.
B. Administrative Costs and Fines. Any owner that fails to retrieve its abandoned cart(s) after receiving the three -
day notice by the City, shall pay the City's administrative costs for retrieving the cart(s) and providing the
notification to the owner. Such costs shall be set forth in a Resolution establishing fees and charges for various
municipal services. Any owner that fails to retrieve abandoned cart(s) within three days shall be subject to a
$50.00 fine for each occurrence in excess of three during a specified six-month period. An occurrence includes
all carts owned by the owner that are impounded by the City in a one -day period.
C. Alternative Provisions Regarding Retrieval of Abandoned Carts. Notwithstanding Section 8.30.070.A, the City
may impound an abandoned cart without providing the three -day notice, provided that the owner is provided
with actual notice within 24 hours following the impound and the notice informs the owners as to the location
where the cart may be claimed. Any cart reclaimed by the owner within three business days following the date of
actual notice shall be released to the owner without charge. Any cart not reclaimed by the owner within three
business days following actual notice shall be subject to the fees and penalties set forth in Section 8.30.070.B.
D. Disposition of Carts After 30 Days. Any cart not reclaimed from the City within 30 days after notification to the
owner shall be sold or otherwise disposed on by the City.
8.30.080 Violation.
A violation of this chapter shall constitute an infraction punishable by law and subject to fine.
REMOVING SHOPPING CARTS FROM STORE PROPERTY OR PARKING LOTS IS ACRIMEl
(UNLESS YOU HAVE WRITTEN PERMISSION FROM THE BUSINESS OWNER)
PUNISHABLE WITH A ONE HUNDRED DOLLAR ($100.00) FINE FOR THE FIRST OFFENSE. REPEAT
VIOLATIONS MAY RESULT IN HIGHER FINES.
(AMC, Chapter 8.30)
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Please do your part and do not remove shopping carts from the store premises and abandon them in the
neighborhoods. Please help us to increase the livability and desirability of the neighborhoods throughout the City of
Atwater.
* Abandoned Shopping Cart Hotline 357 -6358*
CRY OF ATWATER
EL QU1TAR LAS CARRETAS DE COM PRAS DE LAS TIENDAS O DE LA PROPRIEDAD DE LAS TIENDAS ES
UN CRIMENI
(SOLO SI OBTIENE UN PERMISO ESCRITO DEL DUENO DEL NEGOCIO)
CASTIGABLE CON UNA M ULTA DE CIEN DOLARES ($100.00) PARA LA PRIM ERA OFENSA LAS
vIOLACIONES DE REPETICION PUEDEN TERMINAR EN MULTAS MAS ALTAS.
(AMC, Capitulo. a.3U)
Por favor haga su parte con no quitar las carretas de compras de los locales de tienda y abandonarlas en las
vecindades. Ayude a mejorar las vecindades en toda la Ciudad de Atwater.
* Telefono directo de carretas abandonadas es
357 -6358*
CITY OF ATWATER
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FETCH Cart Services
Licensed, Fully insured, Trained &
Responsible Shopping Cart Retrieval for
the protection of the
community /environment, retailer, and
the general public.
Scott Talmage
Owner /Operator
Cell # 805 - 235 -7216
e -mail; stalmage62 @gmail.com