Report Prepared by: Craig J. Cornwell, City Attorney
Title
SUBJECT: Introduction of an Ordinance Repealing Chapter 8.30 (Regulation of Shopping Carts), and Adopting a New Chapter Pertaining to the Regulation of Shopping Carts in the City
REPORT IN BRIEF
Consideration of draft Ordinance Repealing Chapter 8.30 (Regulation of Shopping Carts) and Adopting a New Chapter Pertaining to the Regulation of Shopping Carts in the City with the intent of putting more emphasis on the shopping cart owners to maintain carts on-site, and to facilitate the removal of carts that are found off the premises of any store.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing and approving the first reading of Ordinance No. 2569, an Ordinance of the City Council of the City of Merced, California, Repealing Chapter 8.30 (Regulation of Shopping Carts), and Adopting a New Chapter 8.30 Pertaining to the Regulation of Shopping Carts in the City; and,
B. Set the Ordinance for a second reading and adoption.
Body
ALTERNATIVES
1. Introduce and approve first reading of the Ordinance as recommended by staff; or,
2. Provide direction on specific revisions to the Ordinance; or,
3. Request additional information; or
4. Continue the matter to a date certain; or
5. Decline to take action.
AUTHORITY
Charter of the City of Merced, Section 200.
CITY COUNCIL PRIORITIES
As provided for in the 2024-25 Adopted Budget.
DISCUSSION
At the City Council’s request, my office has prepared a draft ordinance of proposed amendments to the City’s shopping cart ordinance. The draft ordinance would repeal existing Chapter 8.30 of the Merced Municipal Code adopt a new Chapter with the same number.
The new ordinance updates the City’s regulations for shopping carts, with the intent of putting more emphasis on the cart owner to maintain carts on-site, and to facilitate the removal of carts that are found off the premises of any store. The more significant changes are as follows:
1. The draft ordinance is expressly found to be within the authority of, and consistent with, State law regarding shopping carts, Business and Professions Code Sections 22435, et seq. The existing ordinance was based on these sections, but the new ordinance closely follows state law.
2. Section 8.30.030 - declares shopping carts that are off the premises of the owner to be a public nuisance and states the reasons for that finding. This makes the shopping cart ordinance more of an administrative/nuisance abatement issue and relies less on criminal enforcement. A criminal enforcement action is less likely to quickly lead to the elimination of the blight caused by abandoned carts.
3. Sections 8.30.050 through 8.30.080 - requires that owners place signs on each cart and requires owners to plan for retrieval and recovery of carts that are located off the property. The existing ordinance requires owners to notify cart users through a sign on the cart that removal of the cart from the premises is prohibited, and to provide a phone number for cart recovery. This ordinance generally repeats that requirement, but requires the owner to submit a cart recovery plan to the City within 90 days of the adoption of the ordinance, and to keep the plan current. Some businesses that are not currently required to have a plan will now be required to prepare one. The City must approve the plan or require revisions within a specified time. It will then be the owners’ obligation to comply with the plan, and to recover carts upon notice from the City. Under the prior ordinance, an owner was only required to plan for cart recovery after the City had notified the owner of abandoned carts, and if the owner fails to take care of the problem, repeatedly. This new approach is a more proactive planning requirement. New owners would be required to comply with existing plans, or to submit new plans for City review.
4. Section 8.30.070 - sets out the substantive requirements of each new retrieval plan. These include a description of, and contact information for, the cart owner; a community outreach plan; the plan for preventing loss of carts; the plan for training employees; and the mandatory plan for recovering carts that are off the premises of the business (such as through an approved cart retrieval service).
5. Section 8.30.080 - 8.30.100 - provide the procedure for submitting plans, and for the City’s review of those plans. These sections also provide for amendments to proposed plans and approved plans.
6. Section 8.30.110 - provides the City the authority to immediately impound abandoned carts that are either identified with an owner, or not identified with an owner. The process complies with the provisions of the Business and Professions Code. For abandoned carts for which the owner is identified, there is a process of notification, and the owner must retrieve the cart within specified. The City may immediately impound and dispose of abandoned carts for which an owner is not immediately identified. This process in the proposed ordinance is very similar to the authority in the existing Chapter of the Municipal Code, since it is based on State law.
7.Section 8.30.120 - provides greater detail and a process for impoundment of carts located off the premises of the owner, which are identified with an owner. In most cases carts would be impounded following three days’ notice to the owner, unless a cart is impeding emergency services or is unidentified, in which case immediate impounding is permitted. If the owner does not respond after three days, the City may impound identified carts.
This section provides the manner in which identified owners are to be notified, and the requirements that owners claim the impounded carts with 30 days after notice from the City. After 30 days from the notice, the City may dispose of the carts. Any revenue from the disposal of the carts will reimburse the City for enforcement costs. If the City impounds a cart, and the owner recovers it, the owner must pay a redemption fee adopted by the City Council and a fine of $50 per cart impounded for each occurrence more than three in any six-month period. This fine follows the Business & Professions Code and would adjust if the State Legislature changes the fine. The City must be careful to ensure that the amount of the redemption fee plus the per cart fine does not exceed the cost of a replacement cost, to be sure that owners have an incentive to recover their abandoned carts.
8. Section 8.30.140 - creates a list of unlawful acts. These include the owner’s failure to comply with the approved cart plan, and individuals’ removal of carts from the store premises, or possession of the cart off the premises, or removal of identifying information.
9. Sections 8.30.150 and 8.30.160 update the language regarding notices of violation and the final disposition of unclaimed carts to be consistent with State law.
10. Section 8.30.170 - lists the various enforcement options available to address violations of the ordinance. This reflects a focus on administrative penalties and the $50 per abandoned cart fine allowed by the Business and Professions Code, as noted above, as opposed to emphasizing criminal penalties that are not as likely to gain compliance efficiently.
IMPACT ON CITY RESOURCES
No impact on budget appropriations.
ATTACHMENTS
1. Draft Ordinance
2. Redline of Draft Ordinance