HomeMy WebLinkAboutMC-1038
: Adopted: January 11, 1999
Effective: February 11, 1999
ORDINANCE NO MC-1038
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5,26 TO
ARTICLE I, TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
SHOPPING CARTS,
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.26 is hereby added to Article I, Title 5, of the San Bernardino
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Chapter 5.26
SHOPPING CARTS
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Sections:
5.26.010
5.26.020
5.26.030
5.26.040
5.26.050
5.26.060
5.26.070
Purpose.
Definitions.
Removal of shopping carts from public property.
Disposal.
Tag tampering prohibited.
Unauthorized removal or possession of shopping carts.
Impound appeal.
Sections:
5.26.010 Purpose. Abandoned shopping carts located outside the premises or parking areas
17 of retail establishments and on public or private properties and viewable from the public rights-of-
18 way are injurious to the public health, safety, and welfare and constitute a public nuisance. This
19 nuisance is caused by persons unlawfully removing shopping carts from the premises or parking
20 areas of retail establishments, by certain retail establishments failing to maintain adequate
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supervision of their premises and parking areas and failing to implement effective cart removal
22 prevention programs or cart retrieval programs. The purpose of this chapter is to establish
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reasonable regulations for the collection and impound of abandoned shopping carts and to
supplement provisions of state law regarding the unauthorized removal of shopping carts from the
premises and parking areas of retail establishments.
5.26.020
Definitions. "Authorized contractor" means a private company providing
shopping cart retrieval services, as designated by the City Council.
HTC:ca[ShopCart,Ord]
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KC-IOJ8 '
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5,26 TO
ARTICLE I, TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
SHOPPING CARTS.
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"City" means the City of San Bernardino or its designated representatives.
"Owner-identified shopping cart" means a shopping cart that has a permanently affixed
sign that identifies, in accordance with Business and Professions Code Section 22435.1 the owner
of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized
removal of the cart from the owner's premises; notifies the public that the unauthorized removal of
the cart from the cart owner's premises or parking area or the unauthorized possession of the cart,
is a violation of the state law; and lists a valid telephone number or address for returning the cart to
the owner or retailer.
"Person" means an individual or entity.
"Public property" means all real property in the City in which a public agency has a fee
simple, easement, lease-hold interest, or any possessory interest. This includes but is not limited to,
streets, sidewalks, parks and flood control facilities.
"Retail establishment" means any establishment utilizing shopping carts outside of the
establishment.
"Shopping cart" or "cart" means a basket that is mounted on wheels or a similar device
generally used in retail establishment by a customer for the purpose of transporting goods of any
kind.
"Unidentified shopping cart" means a shopping cart that is not an owner-identified shopping
cart.
5.26.030 Removal of shopping carts from public property. (a) Upon the discovery of an
unidentified shopping cart on public property, the City or its authorized contractor may remove the
cart. Such carts shall be tagged with dale and location and shall be impounded for thirty calendar
days at a location selected by the City. A claim for a cart shall be presented to the City
Administrator or his or her duly authorized representative, and shall be accompanied by proof of
ownership of the cart. A person demonstrating proof of ownership of a cart stored by the City shall
pay the City's tagging and retrieval fee, as set by City Council resolution, prior to the cart being
released.
(b)
Upon the diseovery of any owner identified shopping cart on public property, the City
28 or its authorized contractor may remove the cart and promptly return it to the owner or premises
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MC-1038
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5,26 TO
ARTICLE I, TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
SHOPPING CARTS,
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identified thereon, or impound the same for safekeeping and provide actual notice within twenty-four
(24) hours following such storage to the owner, or his or her agent, where it may be retrieved at no
charge or cost if so retrieved within three business days following the date of actual notice as
provided herein. Each such cart shall be tagged with the date and location of impoundment.
Pursuant to Business and Professions Code Seclion 22453.7(i), said actual notice given to the owner
of any owner-identified shopping cart which is impounded pursuant to this scction shall furthcr
specity the date and time of such impoundment, the cost of retrieval if not so retrieved within three
business days following date of actual notice, and that failure to retrieve such cart within thirty
calendar days of receipt of such notice may result in the cart being disposed of as permitted by law.
(c)
This section shall not apply to a cart attended by any person who can demonstrate,
to the satisfaction of the City or its authorized contractor, ownership of the shopping cart or written
permission of the owner, to have the cart in his/her possession.
5.26.040 Disposal. After the expiration of the thirty-day period specified in Section
526.030(a), the City or its authorized contractor with the City's approval, may sell an unclaimed
unidentified shopping cart at public auction or otherwise dispose of the cart.
After the expiration of the thirty-day period specified in Section 526.030(b), the City may
sell or otherwise dispose of any unclaimed owner-identified shopping cart as authorized by Business
and Professions Code Section 22435.7(g)
5.26.050 Tag tampering prohibited. (a) It shall be a misdemeanor for any person to
19 remove any tag aftixed by the City or its authorized contractor to any shopping cart with the intent
20 of interfering with the enforcement of this chapter or evading any of its provisions.
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(b)
It shall be a misdemeanor for any person to obstruct, impede or interfere with any
22 representative of the City or its authorized contractor who is engaged in tagging, removing or
23 transporting a shopping cart in accordance with this chapter.
24 5.26.060 Unauthorized removal or possession of shopping carts. It shall be a misdemeanor
25 to do any of the following acts with respect to an owner-identified shopping cart:
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(I)
Remove a shopping cart from the premises or parking area of a retail establishment
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(2)
Be in possession of any shopping cart that has been removed from the premises or
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KC-lOJ8
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5,26 TO
ARTICLE I, TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
SHOPPING CARTS.
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the parking area of a retail establishment, with the intent to temporarily or permanently deprive the
owner or retailer of possession of the cart;
(3)
Be in possession of any shopping cart with serial numbers removed, obliterated, or
altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of
the cart;
(4) Leave or abandon a shopping cart at a location other than the premises or parking area
of the retail establishment with the intent to temporarily or permanently deprive the owner or retailer
of possession of the cart;
(5)
Alter, convert, or tamper with a shopping cart, or remove any part or portion thereof
or to remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or
permanently deprive the owner or retailer of possession of the cart; and
(6)
Be in possession of any shopping cart while that cart is not located on the premises
or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the
owner or retailer of possession of the cart.
This section shall not apply to any person who can satisfactorily demonstrate ownership of
the shopping cart, or to any person having written permission of the owner to have the cart in his or
her possession.
Any such shopping cart in the possession of any person found to be in violation of Business
and Professions Code Section 22435.2 may be returned to the owner or premises identified thereon
by the City or its authorized eontractor, or may be impounded for safekeeping provided actual notice
within twenty-four (24) hours following such storage is given to the owner, or his or her agent,
where said cart may be retrieved at no charge or cost if so retrieved within three business days
following the date of actual notice as provided herein. Each such cart shall be tagged with the date
and location of impoundment. Pursuant to Business and Professions Code Section 22453.7(i), said
actual notice given to the owner of any such shopping cart which is impounded pursuant to this
section shall further specify the date and time of such impoundment, the cost of retrieval if not so
retrieved within three business days following date of actual notice, and that failure to retrieve such
cart within thirty calendar days of receipt of such notice may result in the cart being disposed of as
permitted by law.
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KC-lOJ8
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5,26 TO
ARTICLE I, TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
SHOPPING CARTS.
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5.26.070 Im~lOund appeal. (a) Any person who can demonstrate that he or she is a cart
owner may appeal the imposition of a tagging and retrieval fee by presenting evidence that the cart
2 removal and storage was not performed substantially in accordance with the provisions of this
3 chapter. Appeals shall be made in writing to the Mayor or the Mayor's duly authorized
4 representative within ten calendar days of notification of such assessed fee. An office hearing will
5 be held within thirty calendar days of the receipt of such appeal request. The shopping cart owner
6 or authorized representative may appear and be heard on the matter. If the Mayor or the Mayor's
7 duly authorized representative determines that the shopping cart was not removed and stored in
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substantial accordance with the provisions of this chapter, the tagging and retrieval fee shall be
9 waived and the shopping cart shall be returned.
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(b) The Mayor or the Mayor's duly authorized representative shall, within ten working days
after the eonclusion of the hearing, give written notice of his or her decision to the party or parties
12 who filed the appeal. The notice shall contain the decision and the reasons therefor. The decision
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of the Mayor or the Mayor's duly authorized representative shall be final and conclusive and shall
14 not be subject to any further appeal. Pursuant to Code of Civil Procedure Section 1094.6, any action
15 to review said decision shall be commenced not later than the ninetieth day after the date of the
16 written notice of decision.
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KC-lOJ8 .
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.26 TO
ARTICLE I, TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
SHOPPING CARTS,
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a ioint regular meeting thereof, held
2 on the ~ day of January , 1999, by the following vote, to wit:
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3 Council Members:
4 ESTRADA
5 LIEN
6 VACANT
7 SCHNETZ
8 DEVLIN
9 ANDERSON
10 MILLER
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AYES
NAYS
ABSTAIN
ABSENT
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The foregoing Ordinance is hereby approved this
January , 1999.
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16 Approved as to form
17 and legal content:
18 JAMES F. PENMAN
City Attorney
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20 By: \~ ?!e~
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