HomeMy WebLinkAboutCC ORD 2010-2335 NOT ADOPTEDNOT ADOPTED
ORDINANCE NO. 2010 - 2335
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AMENDING TITLE 7
OF THE NATIONAL CITY MUNICIPAL CODE
BY ADDING CHAPTER 7.34 PERTAINING
TO SHOPPING CART CONTAINMENT
This Ordinance was not adopted at the
City Council / Community Development Commission
Regular Meeting of April 20, 2010.
DATE: April 22, 2010
A, L
ichael R. Dalla, CMC
City Clerk
City of National City
ORDINANCE NO. 2010 — 2335
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING TITLE 7 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING
CHAPTER 7.34 PERTAINING TO SHOPPING CART CONTAINMENT
WHEREAS, the City Council of the City of National City finds that shopping carts
found in other than their intended locations on business premises are an eyesore, a potential
hazard, and a nuisance; and
WHEREAS, the City Council of the City of National City.2 nds "` the owners
of shopping carts should be held responsible for containing their sho ' `m shy their
respective business premises.
NOW THEREFORE, the City Council of the City. nak tty ordains as
follows:
BE IT ORDAINED by the City Council of thetity' tional City as follows:
Section 1. Title 7 of the National City Mun A$ • .b de is hereby amended, by adding
Chapter 7.34 to read as follows:
Sections:
7.34.010
7.34.020
7.34.030
7.34.040
7.34.050
7.34.060
7.34.070
7.34.080
7.34.090
734.100 •
Chap
SHOPPING C
Definitions.
Cart containuired; exception.
Cart removal;: 'gs.
Emplo ee traini >: Cart removal prevention.
Cart 'a tification gns for shopping carts.
Ca t° 'oval from business premises —written permission required.
tainment system.
e authorized.
ers not limited by this Chapter.
s.
NMENT
7.34.010 r ' 'itions. For purposes of this Chapter only, and unless the context
clearly req t meaning, the words, terms, and phrases set forth in this Section are
defined as fo
A. "cress premises" means the interior of a cart owner's commercial
establishment, adjacent walkways, any loading area, and the parking area, as defined herein.
B. "Cart owner" means the owner or operator of a commercial establishment that
provides carts for use by its customers for the purpose of transporting goods of any kind. Cart
owner includes the on -site manager or designated agent of the actual cart owner.
C. "Cart identification sign" means a sign or engraved surface which is permanently
affixed to a shopping cart containing all of the information specified in Section 7.34.050 of this
Chapter.
D. "Cart removal warning" means a placard, sign, or painted text which meets the
requirements of Section 7.34.030 of this Chapter.
E. "Individual cart identification number" means a number unique to each cart
owned or provided by a cart owner.
F. "On -site cart containment program" means one or more of the following
measures:
1. Disabling devices on all shopping carts which prevent them from being
removed from the business premises by locking the wheels or otherwise preventing the
movement of the carts.
2. An on -site security guard to deter customers who
from the business premises. .<
3. Bollards and chains around the business prerres;< rued by the
Fire Marshal, to prevent cart removal.
4. Obtaining a security deposit from'custome
shopping carts.
The rental or sale of utility carts that c_ a temrily or permanently
;port of goods. •
'arking area" means a parking lot or oth
Jr use by a customer for parking an au
pping center, "parking area" includes
le complex or center.
"Physical containment system"
velopment Services:
1. Disabling devices on all s
n the business premises by lo:,�
,f the carts.
2. Any other system
rich physically contains shoppin
"Qualified cart retie
paid by a cart owner to re
rent Services shall develop r
esignated as a qua.. -d cart
used for
.. r
estate
cor
Pa
DE
"Shoppin
on wheels or
ise of custo
rcial establi
1g cart for th
remove carts
vided by a commercial
or other vehicle. In a multi -store
parking area used by or
e following, as approved by the
rts which prevent them from being
Is or otherwise preventing the
nt approved by the Director of Development
on premises.
eans a commercial service, operated by a third
eturn shopping carts. The Director of
al service standards by which a cart retrieval service
eval service and maintain a list of all such service
metimes referred to herein as a "cart", means a basket that is
ce provided by the operator of a commercial establishment
e purpose of transporting goods of any kind. A cart sold by a
retail customer for that customer's personal use is not a
of this Chapter.
;:
20 a >'>;tainment system —Required; exception.
1 A. rqU uif„_...
� owner shall operate and maintain an on -site cart containment
im. A c++. Ver may be exempted from this requirement if he or she provides proof of
acting with a •9alified cart retrieval service, and submits an operations plan which
mstrates to the satisfaction of the Director of Development Services that the qualified cart
;vat service will both actively locate shopping carts within a one -mile radius of the cart
er's business premises and respond to complaints from the public in a manner which results
,e retrieval of shopping carts within twenty-four (24) hours after receiving notice.
B. Each cart owner must contain all shopping carts on the business premises at all
es.
C. Any instance in which a shopping cart owned or provided by a cart owner is
and off of the business premises shall be considered a violation by the cart owner of
rdinance No. 2010 — 2335
2 Shopping Cart Containment
Subsection (B) of this Section. A cart owner who, after receiving notice of the violation, fails to
cure such violation within twenty-four (24) hours is subject to an administrative citation. Each
twenty-four (24) hour period thereafter that the cart remains off premises shall be considered a
separate violation. Following the issuance of more.than ten administrative citations to the same
cart owner within a thirty (30)-day period, subsequent violations by that cart owner may be
prosecuted by the City Attorney's Office pursuant to Section 1.36.150 of the National City
Municipal Code.
7.34.030 Cart removal warnings.
A. Every cart owner shall post and maintain cart removal wa
the following minimum specifications:
1. Meet or exceed 18 inches in width and 24 inc
2. Using block lettering not less than one-half i
inches in height, contain a statement in two or more languages t
removal of a shopping cart from the business premises or pos
location other than on the business premises, is a violation o
Municipal Code.
3. List a local or toll -free telephone
4. Be affixed to an interior wall of t
prominently displayed within two feet (2') of all custo
B Cart removal warnings on the exter
for the purpose of calculating maximum allowabl
Municipal Code.
7.34.040 Em.lo ee trainin. - cart re
ongoing employee training to educate n
cart removal, including the operation of
7.34.050 Cart identification s
A. Each shopping cart o
and easily visible, a cart identification
following information: the na-, the sit
cart owner or commercial =:<-blishment
identification number; a
be followed to obtain pe
the public that unau
State law and the
B. It sh
this Section, a
so that all of
ich meet all of
d two (2)
at unauthorized
opping cart in a
the National City
retrieval.
ing or otherwise permanently and
nces and exits.
uilding are not considered "signs"
er Title 18 of the National City
Each cart owner shall conduct
ting employees about procedures to prevent
ainment system.
carts.
ed within the City shall have, permanently affixed
or engraved surface which includes all of the
ecific street address, and telephone number of the
o which the cart belongs or both; the individual cart
ee phone number for cart retrieval; the procedure (if any) to
emove the cart from the business premises; and a notice to
emoval of the cart from the business premises is a violation of
Municipal Code.
sponsibility of each cart owner to comply with Subsection (A) of
sly maintain, or cause to be maintained, the cart identification sign
d information is accurate and clearly legible.
7.34.060 e " , .removal from business premises —Written permission required. No person
shall be deemed e authorized to remove a cart from a business premises unless he or she
possesses written authorization from the cart owner. This Section shall not apply to the
possession of a shopping cart removed from the business premises at the direction of the cart
owner for the purposes of repair or maintenance.
7.34.070 Physical containment system.
A. A cart owner shall be required to install a physical containment system to the
satisfaction of the Director of Development Services when the cart owner establishes a facility
consisting of more than five thousand square feet (5,000 sq. ft.) of new construction.
Ordinance No. 2010 — 2335
3 Shopping Cart Containment
7.34.070 Physical containment system.
A. A cart owner shall be required to install a physical containment system to the
satisfaction of the Director of Development Services when the cart owner establishes a facility
consisting of more than five thousand square feet (5,000 sq. ft.) of new construction.
B. " A cart owner may be required to install a physical containment system to the
satisfaction of the Director of Development Services and the City Attorney following the
issuance of more than ten administrative citations in a thirty (30) day period.
7.34.080 Regulatory fee authorized. A regulatory fee shall be establi
regulation and to fairly apportion the cost of mitigating the negative effec
carts. A business that installs a physical containment system to the sa
Development Services, or which does not provide any shopping ca
exempted from this fee.
7.34.090 City powers not limited by this Chapter. Nothin
limit the ability of the City to remove or dispose of any cart to
not attached, or to remove or dispose of any cart which im
services, or which is an immediate threat to public healt
by State law.
7.34.100 Violations.
A. A violation of any provision of thi
mandatory requirements of this Chapter is subj
the National City Municipal Code and may be e
available by law. Penalties for violations o
misdemeanor citation for each day in vio
and a $1,000 fine, or both such fine an
B. Administering departments
services provided under this Chapt
personnel expenses incurred, inclu
d to enforce this
ite shopping
he Director of
.ers, shall be
er is intended to
dentification sign is
provision of emergency
the full extent permitted
ofailure to comply with any
cution in accordance with Title 1 of
ugh injunctive relief or other relief
of this Chapter may result in a
'shable by a maximum of six months in jail
nt.
uthorized to charge cost recovery fees for
ery may also be recovered for equipment and
pping cart return.
Section 2. Enfor°` ent oft Ordinance shall be held in abeyance until one
hundred eighty (180) day
ATTEST:
its effective date.
Michael R. Dalla
ADOPTED this 20th day of April, 2010.
Ron Morrison, Mayor
APPROVED AS TO FORM:
George H. Eiser, Ill
City Clerk City Attorney
Ordinance No. 2010 — 2335
4 Shopping Cart Containment