HomeMy WebLinkAboutCC ORD 2010-2342 Amend Title 7 Adding Chapter 7.34 Pertaining to Shopping Cart ContainmentORDINANCE NO. 2010 — 2342
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 intends that the owners
of shopping carts should be held responsible for containing their shopping carts on their
respective business premises.
NOW THEREFORE, the City Council of the City of National City ordains as
follows:
BE IT ORDAINED by the City Council of the City of National City as follows:
Section 1. Title 7 of the National City Municipal Code is hereby amended, by adding
Chapter 7.34 to read as follows:
Chapter 7.34
SHOPPING CART CONTAINMENT
Sections:
7.34.010 Definitions.
7.34.020 Cart containment system —Required; exception.
7.34.030 Cart removal warnings.
7.34.040 Employee training —Cart removal prevention.
7.34.050 Cart identification signs for shopping carts.
7.34.060 Cart removal from business premises —written permission required.
7.34.070 Physical containment system.
7.34.080 Regulatory fee authorized.
7.34.090 City powers not limited by this Chapter.
734.100 Violations.
7.34.010 Definitions. For purposes of this Chapter only, and unless the context clearly
requires a different meaning, the words, terms, and phrases set forth in this Section are defined
as follows:
A. "Business 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 attempt to remove carts
from the business premises.
3. Bollards and chains around the business premises, if permitted by the
Fire Marshal, to prevent cart removal.
4. Obtaining a security deposit from customers for the on -site use of
shopping carts.
5. The rental or sale of utility carts that can be temporarily or permanently
used for the transport of goods.
G. "Parking area" means a parking lot or other property provided by a commercial
establishment for use by a customer for parking an automobile or other vehicle. In a multi -store
complex or shopping center, "parking area" includes the entire parking area used by or
controlled by the complex or center.
H. "Physical containment system" means one of the following, as approved by the
Director of Development Services:
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. Any other system of equipment approved by the Director of Development
Services which physically contains shopping carts on premises.
"Qualified cart retrieval service" means a commercial service, operated by a third
party and paid by a cart owner to retrieve and return shopping carts. The Director of
Development Services shall develop minimal service standards by which a cart retrieval service
may be designated as a qualified cart retrieval service and maintain a list of all such service
providers.
J. "Shopping cart", sometimes referred to herein as a ''cart", means a basket that is
mounted on wheels or a similar device provided by the operator of a commercial establishment
for the use of customers for the purpose of transporting goods of any kind. A cart sold by a
commercial establishment to a retail customer for that customer's personal use is not a
shopping cart for the purposes of this Chapter.
7.34.020 Cart containment system —Required; exception.
A. Every cart owner shall operate and maintain an on -site cart containment
program. A cart owner may be exempted from this requirement if he or she provides proof of
contracting with a qualified cart retrieval service, and submits an operations plan which
demonstrates to the satisfaction of the Director of Development Services that the qualified cart
retrieval service will both actively locate shopping carts within a one -mile radius of the cart
owner's business premises and respond to complaints from the public in a manner which results
in the 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
times.
C. Any instance in which a shopping cart owned or provided by a cart owner is
found off of the business premises shall be considered a violation by the cart owner of
Ordinance No. 2010 — 2342
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 warnings which meet all of
the following minimum specifications:
1. Meet or exceed 18 inches in width and 24 inches in height.
2. Using block lettering not less than one-half inch in width and two (2)
inches in height, contain a statement in two or more languages to the effect that unauthorized
removal of a shopping cart from the business premises or possession of a shopping cart in a
location other than on the business premises, is a violation of State law and the National City
Municipal Code.
3. List a local or toll -free telephone number for cart retrieval.
4. Be affixed to an interior wall of the building or otherwise permanently and
prominently displayed within two feet (2') of all customer entrances and exits.
B Cart removal warnings on the exterior of the building are not considered "signs"
for the purpose of calculating maximum allowable signage under Title 18 of the National City
Municipal Code.
7.34.040 Employee training - cart removal prevention. Each cart owner shall conduct
ongoing employee training to educate new and existing employees about procedures to prevent
cart removal, including the operation of the cart containment system.
7.34.050 Cart identification signs for shopping carts.
A. Each shopping cart owned or used within the City shall have, permanently affixed
and easily visible, a cart identification sign or engraved surface which includes all of the
following information: the name, the site -specific street address, and telephone number of the
cart owner or commercial establishment to which the cart belongs or both; the individual cart
identification number; a valid toll -free phone number for cart retrieval; the procedure (if any) to
be followed to obtain permission to remove the cart from the business premises; and a notice to
the public that unauthorized removal of the cart from the business premises is a violation of
State law and the National City Municipal Code.
B. It shall be the responsibility of each cart owner to comply with Subsection (A) of
this Section, and to continuously maintain, or cause to be maintained, the cart identification sign
so that all of the required information is accurate and clearly legible.
7.34.060 Cart removal from business premises —Written permission required. No person
shall be deemed to be 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 — 2342
3 Shopping Cart Containment
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 established to enforce this
regulation and to fairly apportion the cost of mitigating the negative effects of off -site shopping
carts. A business that installs a physical containment system to the satisfaction of the Director of
Development Services, or which does not provide any shopping carts to its customers, shall be
exempted from this fee.
7.34.090 City powers not limited by this Chapter. Nothing in this Chapter is intended to
limit the ability of the City to remove or dispose of any cart to which a cart identification sign is
not attached, or to remove or dispose of any cart which impedes the provision of emergency
services, or which is an immediate threat to public health and safety, to the full extent permitted
by State law.
7.34.100 Violations.
A. A violation of any provision of this Chapter or a failure to comply with any
mandatory requirements of this Chapter is subject to prosecution in accordance with Title 1 of
the National City Municipal Code and may be enforced through injunctive relief or other relief
available by law. Penalties for violations of the provisions of this Chapter may result in a
misdemeanor citation for each day in violation, punishable by a maximum of six months in jail
and a $1,000 fine, or both such fine and imprisonment.
B. Administering departments will be authorized to charge cost recovery fees for
services provided under this Chapter. Cost recovery may also be recovered for equipment and
personnel expenses incurred, including for shopping cart return.
Section 2. Enforcement of this Ordinance shall be held in abeyance until one
hundred eighty (180) days after its effective date.
PASSED and ADOPTED this 22nd day o e, 2010.
7/4.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla George H. Eiser, III
City Clerk City Attorney
Ordinance No. 2010 — 2342 4 Shopping Cart Containment
Passed and adopted by the Council of the City of National City, California, on June 22,
2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
City National City, CaliforniaCity erk of the C y
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on April 6, 2010 and on June 22, 2010.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2010-2342 of the City Council of the City of National City, passed
and adopted by the Council of said City on June 22, 2010.
By:
City Clerk of the City of National City, California
Deputy