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Home My WebLink AboutAGENDA REPORT 1993 1020 CC REG ITEM 11L• f i To: The Honorable City Council From: Scott Monteornery `•::7iON:_� Date: October 11. 1993 Subject: Shopping Cart ?'heft Ordjmince ITEM I I _Joso • 1s;3 Over a year ago a petition from downtown residents requested a number of relief measures for their area including something that w:)uld alleviate a constant problem of shopping carts left in the neighborhood. Since then, members of the council have received regular contacts from residents in the downtown area regarding this problem. As a result, I have researched the way other cities approach this problem. I found many instances where ordinances were passed to prohibit removal of carts from shopping centers. Among the hest of these, I feit, is Oxnard's. Concequentiy. I have takt�n the iiberty to compose a draft of an ordinance I believe our city should consi;ler to Blip improve the condition in the downtcnVn area in particular. I took this action after exploring remedies available within our current environment and finding that we simply don't have much to help in this area now. For these reasons, I'm asking that consideration of a shopping cart removal ordinance be placed on our council agenda for our October 20 meeting. My recommendation is that the council concur with the necessity for an ordinance like this and provide direction to staff to refine the attached language into the form appropriate for our codes. Of course, I would be happy to answer any questions you may have. cc: Steve Kueny Attachment DRAFT (Needs Title, Sections, etc) Section 1. Each owner or operator of a business establishment using shopping carts or other similar wheeled devices for the convenience of customers shopping on the premises shall permanently affix to such cart or device a sign identifying it as belonging to such business establishment and containing the words "Removal from these premises without written consent is prohibited by Ordinance of the City of Moorpark." The owner or operator of the premises also shall post conspicuously on such premises a sign containing the words "Removal of shopping carts from these premises without written consent is unlawful by Ordinance of the City of Moorpark." Section 2. It shall be unlawful for any person to remove any shopping cart or other similar wheeled device from the premises, including parking area, of any business establishment if such cart or device has permanently affixed to it a sign identifying it as belonging to such business establishment and containing the words "Removal from these premises without written consent is prohibited by Ordinance of the City of Moorpark," and if there is also posted conspiculously on such premises a sign containing the words "Removal of shopping carts from these premises without written consent is unlawful by Ordinance of the City of Moorpark. Section 3. The city shall transport and collect for safekeeping any shopping cart or other similar wheeled device found in any city street, alley, parkway, sidewalk, public easement or public place. The city shall notify the owner, if their identity is reasonably ascertainable, that the city possesses the property and where it may be claimed by payment by the owner of a fee fixed by council resolution as the reasonable charge to defray costs of picking up, transporting and keeping the cart or device. Section 4. It shall be unlawful for any person to possess on public or private property a shopping cart or other similar wheeled device owned by a business establishment other than on the property of such business establishment. Section 5. (may need one or more sections dealing with penalty provisions for non - compliance with Section 1 and possession penalties of a shopping cart) PAGE 01 iu1 ORDINANCE NO. 1281 AN ORDINANCE OF THE CITY OF OXNARD ADDING SECTIONS 20 -33, 20 -34 AND 20 -35 AND AMENDING SECTIONS 26 -1 AND 26 -2 OF THE CODE OF THE CITY OF OXNARD RELATING TO THE REGULATION OF SHOPPING CARTS AND THE DISPOSAL OF UNCLAIMED PROPERTY. The City Council of the City of Oxnard does hereby ordain as follows: PARAGRAPH 1. That Chapter 20 of the Code of the City of Oxnard is hereby amended by the addition of Sections 20 -33, 20 -34 and 20 -35 and Chapter 26 ay amended by the amendment of Sections 26 -1 and 26 -2 to read as follows: Section 20 -33. Shopping Carts. Identification. Each owner or operator of a business establishment using shopping carts or shopping baskets or similar devices for the convenience of customers shopping on the premises shall permanently affix to such cart, basket or device a sign identifying it as belonging to such business establishment and containing the words "Removal from these premises without written consent is prohibited by Section 20 -34 of the Code of the City of Oxnard ". The owner or operator of the premises also shall post conspicu- ously on said premises a sign containing the words "Removal _ of shopping carts from these premises without written per- mission is unlawful. Section 20 -34, Code of the City of Oxnard." Section 20 -34. Shopping Carts - Removal of Prohibited. It shall be unlawful for any person to raMOVe any shopping cart, shopping basket or other similar device from the premises, including parking area, of any business establishment if such cart, basket or device has Permanently affixed to it a sign identifying it as belong- ing to such business establishment and containing the words "Removal from these premises without written permission 18 prohibited ", and if there is also posted conspicuously on said premises a sign containing the words "Removal of &hopping carts from these premises without written permission iv unlawful ". r. _ -- - - - PW -It' breed fax transmittal memo 7671 .- .. . 1 G r L MOW 0 YD •• 3�s-7YDr. l62 PACE 02 Section 20 -35. The City Street Department shall collect and transport to the City Equipment Yard for safekeeping any cart, shopping basket or similar device found in any City street, alley, parkway, sidewalk, public easement or public place. The City Police Department shall notify the owner, if his identity is reasonably ascertainable, that the City possesses the property and where it may be claimed by payment by the owner of a fee fixed by Council Resolution as the reasonable charge to defray costs of picking up, transporting and keeping the cart, shopping basket or similar device. Section 26 -1. Sale of Lost and Unclaimed Property; Procedure. The disposition of personal property found or saved on property subject to jurisdiction of the City of Oxnard shall be governed by the provisions of Article 11 Chapter 4, Part 4, Division Third (Sections 2080 et seq. of the Civil Code of the State of California. Section 26 -2, Impounding Lost and Unclaimed Property. The Police Department and the Street Depart- ment shall have the right to remove and store any property which appears to be lost or abandoned upon a street, side- walk or other public area. Neither this section nor Section 26 -1 shall be construed to apply to motor vehicles or trailers, the impounding of which is governed by state law. PARAGRAPH 2 That within 15 days after its passage, the City Clerk shall cause this ordinance to be published one time in a news- paper of general circulation, published and circulated in the City. Ordinance No. 1281 was first read on April 21, 1970, amended on April 28, 1970 and May S, 1970, and finally adopted on May 12, 1970, to become effective thirty days thereafter. 41 Salvatore Sanchez, Jr „ Attest: , el Dale, City Clerk -2- OCT 11 '93 10 =31 P+GE.002