Report Prepared by: Ellie Hamm, Intern, Planning Department and Scott McBride, Director of Development Services
Title
SUBJECT: Review and Discuss a Potential Ordinance Amendment to Chapter 8.30 Regulations of Shopping Carts
REPORT IN BRIEF
Review and discuss potential ordinance amendment to Chapter 8.30 of the City of Merced Municipal Code - Regulations of Shopping Carts.
RECOMMENDATION
Information only and possible Staff direction on revisions and/or next steps.
Body
CITY COUNCIL PRIORITIES
Quality of Life and City Policies - E. Update the City’s Shopping Cart Ordinance.
DISCUSSION
One of the Council’s goals and priorities for 2023-2024 is to “update the City’s Shopping Cart Ordinance” (Quality of Life and City Policies E.). The city’s municipal code currently has a Chapter - 8.30 under Title A - Health and Safety which relates to the regulation of shopping carts. As part of the City Council Goals and Priorities an update to this chapter was discussed.
The City Council previously discussed updates to the ordinance on October 18, 2021, as a Council Business Item. During that meeting Council Member Echevarria discussed the need to update the ordinance due to the number of abandoned carts located all over the community. The council supported this action, and a subcommittee was arranged including Council Member Echevarria and Mayor Serratto with the intent of outreach to local retailers and to return with findings.
A draft ordinance was prepared by the City Attorney’s office and is attached for review along with the current ordinance - chapter which is in effect. This version has not been reviewed by the council and is being presented now for discussion and feedback.
The intent of the ordinance is to protect against health and safety issues which may occur when shopping carts are abandoned. They may interfere with pedestrian and vehicular traffic to create a public nuisance. An accumulation of abandoned shopping carts may also lead to other issues such as blight and deterioration of property. The proposed ordinance is intended to ensure measures are taken by owners of the carts to prevent removal from the owner’s premises and to make removal a violation of the city’s municipal code.
The proposed ordinance relies on an “effective containment program” which would require all shopping cart owners to follow certain measures to ensure their carts remain on their premises. This includes disabling devices, security guards, or bollards and chains around the property. Other security measures are to be approved by the Public Works Director. The proposed ordinance sets a requirement of no more than five carts within a twelve-month period to be removed from the establishment location without their consent.
The “effective retrieval program” allows for no more than five shopping carts to be collected and returned by the City each year (per business). Abandoned carts will be stored at the Department of Public Works, or another location designated by the Public Works Director, for up to 30 days. A redemption fee is required. A fine will be designated to owners that fail to retrieve their carts more than 3 times in a 6-month period. The fee and fine would be considered by separate resolution by the City Council.
As part of the ordinance businesses must display signage notifying users that removal of shopping carts is prohibited without consent of the retail establishment. Businesses must also identify their shopping carts in accordance with California Business and Professions Code 22435.1. This allows the carts to be identified when retrieved. The proposed ordinance also includes provisions that possession of carts is unlawful without consent of the owner as well as removal or abandonment of the cart.
The effective shopping cart nuisance abatement program requires each business that allows shopping carts for customers to prevent removal of shopping carts, and, if unsuccessful, retrieve abandoned shopping carts within 48 hours of their removal. This includes submitting a plan for the implementation of this program. The plan shall include customer outreach and either an effective containment or retrieval plan. The proposed ordinance incudes other provisions related to immediate impoundment if necessary.
The proposed ordinance was partially based on the City of Turlock’s current ordinance. There are many similarities between the proposed and current ordinance. A couple of changes focus on removal prevention. The current ordinance requires a plan after an escalation of carts being removed from the business site. The new plan has that as a mandatory requirement. There are also differences in the penalties for noncompliance.
City Council Action
Provide staff with input and direction on the proposed draft ordinance.
ATTACHMENTS
1. Draft Chapter 8.30 - Regulation of Shopping Carts
2. Current Chapter 8.30 - Regulation of Shopping Carts
3. Presentation