HomeMy WebLinkAboutO-1713 amending Title 8 to add Chapter 8.10 pertaining to the unauthorized removal of shopping carts from retail establishmentsO 1713
ORDINANCE NO. 1713 (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 pursua nt 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 retail 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 chapter.
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 ab andoned 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 their 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 not ice 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 shopping 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 receiving 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 sati sfaction 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 th at 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
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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.
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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).
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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 17th day of May 2022, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 7th day of June 2022, on the following vote:
AYES: Council Member Marx, Pease, Shoresman, Vice Mayor
Christianson, and Mayor Stewart
NOES: None
ABSENT: None
__________________________
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
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