HomeMy WebLinkAboutAGENDA REPORT 1993 1117 CC REG ITEM 11ATo: The Honorable City Council ITEM I is Loo 0
From: Scott 'Montgomery
�.Crrorv:
Date: October 11, 1993 �O
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Subject: Shopping Cart Theft Ordinance
Over a year ago a petition from downtown residents requested a number of relief measures for
their area including something that would 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
nest of these, I feit, is Oxnard's. Concequentiy, I have taken the iiberty It) compose a draft of
an ordinance I believe our city should consider to help improve the condition in the downtown
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.
Any recommendation is that the council concur with the necessity for an ordinance like this and
provide direction to staff to refine the attached hinguage into the form appropriate for our codes.
Of course, I would be happy to answer any cluestions you may have.
cc: Steve Kueny Cf
Attachment I , I I ), vTloN: h �� la ► ts;3
.C71COIN:
4
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)
PACE 01
161
ORDINANCE NO. 1281
AN ORDINANCE OF THE CITY or OXNARD ADDING SECTIONS
20 -33, 20 -34 AND 20 -35 AND AMENDING SECTIONS 26 -1
AND 26 -2 OF THE CODS OF THE CITY OF OXNARD RELATING
TO THE REGULATION OF SHOPPING CARTS AND THE DISPOSAL
Or 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 -31
and 20 -35 and Chapter 26 is amended by the amendment of Sections 26 -1
and 26 -2 to read an 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 those premises without written consent is prohibited
by Section 20 -31 of the Code of the City of Oxnard`. The
I
owner or operator of the promises also shall post conspicu-
ously an 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 -31. Shopping Carts - Removal of Prohibited.
It shall be unlawful for any person to
remove 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 establiahment and containing the
words "Removal from these premises without written
permission is prohibited ", and if there is also posted
conspicuously on said premises a sign containing the words
"Removal of ihoppinq carts from these premise& without
written permission is unlawful'.
Post -It" brats Yx UaMmMlral mstno 7671 � r'yr .
• 5' ( s��i
t62
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 vl
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 Propertyl 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 1,
Chapter 4, Part 4, Division Third (sections 2080 at 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 1S 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 5, 1970, and finally adopted on May 12, 1970, to
become effective thirty days thereafter.
Attest s
61 Dale, City Clerk
OCT 11 '93 10 =31
-2-
Salvatore Senches, Jr.
PAGE. 002
CITY OF MOORPARK
OFFICE OF THE CITY MANAGER
INTEROFFICE MEMORANDUM
TO: Honorable City Council
FROM: Steven Kueny, City Manager
), Xe
DATE: October 18, 1993
SUBJECT: Shopping Carts
Councilmember Wozniak brought to my attention sections of the
"Business and Professions Code" addressing removal and retrieval
of shopping carts. Enclosed are the pertinent sections of the
code.
SK:db
Enclosure
cc: Cheryl Kane, City Attorney
Lt. Geoff Dean
Richard Hare, Deputy City Manager
Jim Aguilera, Dir. of Community Development
c: \wpwin \citymgr \shoppng.crt
I - ATIoNs .
Div, g t
installed '
a motor
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11, 1977.) .
le; viola.
sold, or
i ment, in
tment in
nanufac-
cans any
state, or
ceive an
,,sued by
i ification
may be
junction
v district
nia upon
mows or
t will be
920, § 1,
SHOPPING AND LAUNDRY CARTS
Ch. 19
False Personation a- -I et seq.
CJ.S. False Personation §§ 1, 2.
Library References
Chapter 19
SHOPPING AND LAUNDRY CARTS
§ 22435.1
Article Section
1. Identification of Shopping and Laundry Carts ................ ......... 22435
2. Shopping Cart or Laundry Cart Retrieval Services ............ ...... 22435.10
Chapter 19 was added by Stats.1981, c. 687, p. 2496, § 1.
Article 1
IDENTIFICATION OF SHOPPING AND LAUNDRY CARTS
Section
22435. Definitions.
22435.1. Application; permanently affixed sign required; contents.
22435.2. Unlawful acts.
22435.3. Violations; misdemeanor; application of other laws.
22435.4. Consent from owner.
22435.5. Presumption and inference; ownership of carts.
Article 1 was added by Stats.1981, c. 687, p. 2496, § 1.
K § 22435. Definitions
As used in this article:
(a) "Shopping cart" means a basket which is mounted on wheels or a
similar device generally used in a retail establishment by a customer for the
purpose of transporting goods of any kind.
(b) "Laundry cart" means a basket which is mounted on wheels and used in
a coin - operated laundry or drycleaning retail establishment by a customer or
an attendant for the purpose of transporting fabrics and the supplies neces-
sary to process them.
(c) "Parking area" means a parking lot or other property provided by a
retailer for use by a customer for parking an automobile or other' vehicle.
(Added by Stats.1981, c. 687, p. 2496, § 1.)
Library References
Statutes X179, 199.
C.J.S. Statutes §§ 315, 338.
Words and Phrases (Perm.l:d.)
§ 22435.1. Application; permanently affixed sign required; contents
The provisions of Section 22435.2 shall apply when a shopping cart or a
laundry cart has a sign permanently affixed to it that identifies the owner of
759
§ 22435.1 SPECIAL REGULATIONS
Div. 8
the cart or the retailer, or both; notifies the public of the procedure to be
utilized for authorized removal of the cart from the premises; notifies the
public that the unauthorized removal of the cart from the premises or parking
area of the retail establishment, or the unauthorized possession of the cart, is
a violation of state law; and lists a telephone number or address for returning
the cart removed from the premises or parking area to the owner or retailer.
(Added by Stats.1981, c. 687, p. 2496, § 1.)
Library References
Larceny c=5.
C.J.S. Larceny §§ 2, 3.
§ 22435.2. Unlawful acts
It is unlawful to do any of the following acts, if a shopping cart or laundry
cart has a permanently affixed sign as provided in Section 22435.1:
(a) To remove a shopping cart or laundry cart from the premises or
parking area of a retail establishment with the intent to temporarily or
permanently deprive the owner or retailer of possession of the cart.
(b) To be in possession of any shopping cart or laundry cart that has been
removed from the premises or the parking area of a retail establishment, with
the intent to temporarily or permanently deprive the owner or retailer of
possession of the cart.
(c) To be in possession of any shopping cart or laundry 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.
(d) To leave or abandon a shopping cart or laundry 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.
(e) To alter, convert, or tamper with a shopping cart or laundry cart, or to
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.
(f) To be in possession of any shopping cart or laundry 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.
(Added by Stats.1981, c. 687, p. 2496, § 1. Amended by Stats.1983, c. 436, § 1.)
Historical Note
The 1983 amendment added subd. (f).
Library References
Larceny q-12, 17, 18.
CJ.S. Larceny §§ 4 et seq., 33 et seq., 46 to
49.
760
L REGULATIONS
SHOPPING AND LAUNDRY CARTS § 22435.5
Div. 8
Ch. 19
ie procedure to be
§ 22435.3. Violations; misdemeanor; application of other laws
rnises; notifies the
Any person who violates any of the provisions of this article is'.guilty of a
)r-emises or parking
misdemeanor. •'
ssion of the cart, is
The provisions of this section arc not intended to preclude the application
dress for returning
of any other laws relating to prosecution for theft.
owner or retailer.
(Added by Stats.1981, c. 687, p. 2496, § 1.)
Cross References
Penalties, misdemeanors, see Penal Code 6 19.
Llbrary References
Criminal Law x13(2). C.J.S. Criminal Law §§ 1, 24(1).
Larceny a-2, 86 et seq. C.J.S. Larceny §§ 1, 82, 158.
Ig cart or laundry
22435.1:
§ 22435.4. Consent from owner
the premises
This article shall not apply to the owner of a shopping cart or laundry cart
or
temporarily or
or to a retailer, or to their agents or employees, or to a customer of a retail
the cart.
establishment who has written consent from the owner of a shopping cart or
art that has been
laundry cart or a retailer to be in possession of the shopping cart or laundry
tablishment,
cart or to remove the shopping cart or laundry cart from the premises or the
with
parking area of the retail establishment, or to do any of the acts specified in
ier or retailer of
Section 22435.2.
cart with serial
(Added by Stats.1981, c. 687, p. 2496, § 1.)
o temporarily or
Library References
the Cart.
Larceny 4-3(4), 15, 26, 27.
+
a location other
CJ-S. Larceny §§ 27, 28, 30 et seq., 43 to 45
it with the intent
et seq., 71, 72.
of possession of
u,
§ 22435.5. Presumption and Inference; ownership of carts'
undry cart, or to
(a) In any civil proceeding, any shopping cart or laundry cart which has a
'e or alter serial
sign affixed to it pursuant to Section 22435.1 shall establish a rebuttable
:ntly deprive the
presumption affecting the burden of producing evidence that tbq prgperty is
that of the person or business named in the sign and not aband Aned,.by the
-t while that cart
person or business named in the sign.
tblishment, with
(b) In any criminal proceeding, it may be inferred that any shopping cart
•r or retailer of
or laundry cart which has a sign affixed to it pursuant to Section 22435.1 is
the property of the person or business named in the sign and has not been
183, c. 436, § 1.)
abandoned by the person or business named in the sign.
(Added by Stats.1983, c. 436, § 2.)
Library References
Evidence aa84. C.J.S. Evidence § 120 et seq.
Larceny e-41. C.J.S. Larceny § 104 et seq.
761
November 4, 1993
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
K -Mart Corporation
ATTN: Manager
397 W. Los Angeles Avenue
Moorpark, CA 93021
Dear Manager:
At its meeting of October 27, 1993, the City Council discussed
drafting an ordinance to address shopping cart theft and retrieval
services within the City.
The Council has directed staff to seek input from the California
Grocers' Association and the businesses within the City who use
shopping carts, (the proposed ordinance would not address hand held
baskets), by inviting your attendance at the November 17 City
Council meeting at which this matter will again be discussed. The
meeting is scheduled for 7 :00 p.m. at the Community Center, 799
Moorpark Avenue.
Please contact the City Clerk, Lillian Hare, at 805 - 529 -6864 ext.
213 to confirm your attendance or for additional information.
Sincerely,
Steven Kueny
City Manager
cc: Honorable City Council
c: \wpwin \citymgr \shopping.1tr
PAUL W. LAWRASON JR SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M PEREZ JOHN E WOZNIAK
Mayor Mayor Pro Tem Couriomemoer Co,,nulmember Counciimemoe,
lhriity Drug Stores
"
ATTN: Manager
ATTN: �, n`jei ATTN: `anl;e ;
155 W. Los Angeles Avenue
397 W. Los Angeles Avenue 175 Moorpark ,\v I.I:L
Moorpark, CA 93021 Hnurpark, CA y'H) `'oorprlrk, CA 93021
Barakat Liquor Market
ATTN: Manager
411 E. High Street
Moorpark, CA 93021
Moorpark Produce
ATTN: Manager
661 Walnut Street
Moorpark, CA 93021
Moorpark Ccntl:l' `;nrkrt
ATTN: Manage,
50 Poindexter :1'.•L uc
Moorpark, CA `+ i(). I
The Mayflower Market
ATTN: Manager
105 E. High Street
Moorpark, CA 4100
Hughes Markets, Inc.
ATTN: Manager
101 W. Los Angeles Avenue
Moorpark, CA 93021