Post on 27-May-2020
BILL NO. B-15
ORDINANCE BILL NO. 2014-18
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIAAMENDING ARTICLE 31 OF CHAPTER 9 OF THEFRESNO MUNICIPAL CODE RELATING TO ABANDONEDSHOPPING CARTS.
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Article 31 of Chapter 9 of the Fresno Municipal Code is amended to read:
ARTICLE 31
ABANDONED SHOPPING CARTS
Section 9-3101 Title.9-3102 Findings and Purpose.9-3103 Definitions.9-3104 Unlawful Possession and Abandonment
of Carts.Cart Owner Requirements.City Retrieval of Carts.lmmediate ilmooundl by City ofldentified Carts.
9-3108 Possession of Carts by RecyclingCenters.
9-3109 Enforcement and Remedies.9-3110 Severability Clause.9-3111 Cumulative Remedy.
SECTION 9-3101. TITLE. This article shall be known as the "Abandoned
Shopping Cart Ordinance."
SECTION 9-3102. FINDINGS AND PURPOSE. The Council of the City
of Fresno finds that aþlbandoned sþlhopping eBlarts in the city create potential
hazard to the health and safety of the public, and interfere with pedestrian and
vehicular traffic and create a public nuisance. The accumulation of
Date Adopted: 03 12012014
Date Approved:03 I 25 I 2014Effective Date: 04 I 25 I 201 4
9-31059-31069-3107
Page I of20
Ordinance No.2014-18
aþlbandoned e[Ç]arts, sometimes wrecked and/or dismantled on public and
private property tends to create conditions that reduce property values, and
promote blight and deterioration and result in a public nuisance. This article is
intended to insure that measures are taken by the owners of s[$]hopping e[Ç]arts
to prevent the removal of the sþlhopping e[9arts from the lCartl elOlwner's
lBusinessl p[P]remises, to make removal of the [Q]eart a violation of the Code,
and to facilitate the retrieval of aþlbandoned s[$]hopping e[Q]arts in a manner
consistent with State law land to use an administrative citation proqram to
establish appropriate fines intended to act as a reasonable deterrent in
preventinq violations.l
SECTION 9-3103. DEFINITIONS. The definitions setforth in this section
shall govern the application and interpretation of this article.
(a) "Abandoned Cart" lor "Abandoned Shoppinq Cart"l shall
mean any Cart that has been removed, without the written consent of the
lCartl e[O]wner, from the [B]usiness p{Plremises or p[!]arking
aþlrea of the retail establishment of which the e[Ç]art elOlwner's
b{Blusiness p[!]remises are located and is located on either public or
private property. The lCart] elOlwner's b[E]usiness p[!]remises may
include a multi-store shopping center with shared areas of parking and
public access.
(b) "Abandoned Cart Prevention Plan" shall mean a document
submitted lin writinql by the [a Cartl elOlwner pursuant lto Section 9-
3105(c) ofl te this article that provides a plan for hew the
Page2 of 20
lPrevention of Cart removal
and for the recoverv of Off-site Carts.l
adequate; an implied premise by the ewner te eemply.with the plan'
[(c) "Business Premises" means the interior of a Cart Owner's
Parkinq Area. as defined herein. The Cart Owner's Business Premises
and public access.l
þ)-tßDl "Cart" or "Shopping Cart" means a basket which is
mounted on wheels or a similar device generally used in a retail or
commercial establishment by a customer for the purpose of transporting
goods of any kind, including a basket used in a t[]aundromat or similar
business. [A Cart sold bv a commercial establishment to a retail customer
for that customer's personal use is not a Shoppinq Cart for the purposes
of this article.l
[(e) "Cart ldentification Sign" means a siqn or enqraved surface
which is permanentlv affixed to a Shoppinq Cart containinq all of the
information specified in Section [9-31 05(a)..|
(f) "Cart Owne/' means the owner or operator of a commercial
establishment which provides Carts for use bv its customers for the
purpose of transportinq goods of anv kind.
(q) "Cart Removal Warninq" means a placard. siqn or painted
text which meets the requirements specified in Section [9-3105(cX4).1
Page 3 of 20
(h) "Cart Retrieval Companv" or "Cart Retrieval Service" means
Shoppinq Carts to the Cart Owner.l
(d)-lQl "Directod' means the Director of the Development and
Resource Management Department or his/her designees or such other
person designated by the City Manager to administer this article.
iness-ewning-€+-{Jsing
shepping earts in eenneetien with its business,
(il "Off-site" means not within the Business Premises.
(k) "On-site Cart Containment Proqram" means one or more of
the followinq measures:
(1) Disablinq devices on all Shoppins Carts which
prevent them from beinq removed from the Business Premises bv
lockino the wheels or othenruise preventinq the movement of the
Carts.
(2) An on-site securitv quard to deter customers who
attempt to remove Carts from the Business Premises.
(3) Posts and chains around the Business Premises to
prevent Cart removal, if permitted bv the applicable zoning and the
site plan. and if approved bv the fire marshal.
(4) Obtaininq a securitv deposit from customers for the
on-site use of Shoppinq Carts.
Page 4 of 20
(5) The rental or sale of Carts that can be temporarilv or
permanentlv used for the transport of qoods.
(6) Anv other measure approved bv the Director as a
means to contain Carts on the Business Premises.
(l) "Parkinq Area" means a parkinq lot or other propertv
controlled bv the complex or center.
(m) "Phvsical Containment Svstem" means one of the followinq.
as approved bv the Director:
(1) Disablinq devices on all Shoppinq Carts which
prevent them from beinq removed from the Business Premises bv
lockinq the wheels or othenvise preventinq the movement of the
Carts.
(2) Anv other svstem of equipment approved bv the
Director which phvsicallv contains Shoppinq Carts on the Business
Premises.l
(n) "Recvclinq Center" means anv facilitv that is used in the
process of collectinq. sortinq. cleansinq. treating. processinq.
reconstituting. or storinq materials that would otherwise become solid
waste and returninq them to the economic mainstream in the form of raw
Page 5 of 20
standards necessarv to be used in the marketplace.l
SECTION 9-3104. UNLAWFUL POSSESSION AND ABANDONMENT
OF CARTS. Any person who violates any prohibition of this section is guilty of a
misdemeanor as provided in California Business and Professions Code Section
W 12243s.31. This section shall not apply to Carts removed as authorized
by the tCartl elOlwner, pursuant to Business and Professions Code Section
22435.4, including for the purposes of maintenance, repair or disposal.
ilt is unlawful to do anv of the followinq acts. if a Cart has a permanentlv
affixed siqn as provided in Business and Professions Code Section 22435.1:
(a) lt shall be unlawful fer any persen te remeve a shepping eart
er laundry eart frem the premises er parking area ef a retail establishment
with the intent te temperarily er errantly deprive the ewner er retailer ef
pessessie+e+tne-ea+
the parking area ef a retail establishment; with the intent te temperarily ere
permanently deprive the ewner er retailer ef pessessien ef the eart,
shepping eart er laundry eart with serial numbers remeved; ebliterated; er
Page 6 of 20
shepping eart er laundry eart at a leeatien-ether than the premises er
permanenUV Oeprlv
with a shepping eart er laundry eart' er te remeve any part er-pertien
intent te temperarily er permanently deprive the ewner er retailer ef
pessessien-e++ne-ea+
er laundry eart while that eart is net leeated en the premises er parking let
(a) To remove a Cart from the Business Premises of a retail or
commercial establishment with the intent to temporarilv or permanentlv
deprive the Cart Owner of possession of the cart.
(b) To be in possession of anv Cart that has been removed from
the Business Premises of a retail or commercial establishment with the
of the Cart.
(c) To be in possession of anv Cart with serial numbers
permanentlv deprive the Cart Owner of possession of the Cart.
PageT of 20
r abandon a Cart at a location other than the
Business Premises of the retail or commercial establishment with the
of the Cart.
(e) To alter. convert, or tamper with a Cart or to remove anv
part or oortion thereof or to remove. obliterate or alter serial numbers on a
or retailer of the possession of the Cart.
(f) To be in possession of anv Cart while that Cart is not
located on the Business Premises of the retail or commercial
establishment which owns the Cart, with the intent to temporarilv or
SECTION 9-3105. CART OWNER REQUIREMENTS. All owners of
Carts shall comply with the requirements of this Sþection.
(a) Cart ldentification Required.
ef the ewner; and a netiee that prevides that the-remeval ef the eart frem
the premises ef the ewner is a vielatien ef State law. Everyewner ef mere
than twenty five (25) shepping earts shall alse mark er eause the eart te
number er a party that is respensible fer retrieval ef the eart, [All Carts
Page I of 20
notifvinq the public of the procedure utilized for authorized removal of the
Cart from the Business Premises and that unauthorized removal or
Owners. shall be responsible for complving with this section and
continuouslv maintaining. or causing to be maintained. the Cart
(b) Daily Cart Retrieval. All lCart] elOlwners, regardless of the
number of Carts owned, shall lretrieve all Carts dailv tol ensure tha+-all
Ithel e[Ç]arts are secured from public access after close of business
hours.
(c) Abandoned Cart Prevention Plan. Every lCartl elOlwner
wne-previAes lofl more than twenty-five (25) Carts te their eustemers shall
develop, implement and comply with the terms and conditions of an
Abandoned Cart Prevention Plan to prevent the unauthorized removal by
any-persen of any Carts from the lBusinessl p[!]remises and, if
removed, to retrieve the e[Ç]art within ø*feight-(48) lthree (3) business
davsl h€u{€ of the removal or notice of the removal. The Abandoned Cart
Prevention Plan shall be submitted lto the Director in writinql on a
renewable annual basis and shall include the following elements:
(1) Name of Business/Owner. The name of the owner
and the business Ra+Re, the physical address where the business is
Page 9 of 20
conducted, land thel name, address and ltelelphone numbers(s) ef
lwherel the en-site and eff site ewner if different lall notices and/or
citations are to be sent.l
(2) lnventory of Carts.
. [The number of Carts owned.l
(3) Community Outreach. A description of a community
outreach process under which the lCartl elOlwner shall cause
notice to be provided to customers that the removal of e[Q]arts from
the [Business] p[!]remises is prohibited and is a violation of state
and local law. This notice may include, but is not limited to, flyers
distributed at the premises, warnings on shopping bags, direct mail,
announcements using intercom systems at the [Businessl
plPlremises, þl web site or other means demonstrated to be
effective to the reasonable satisfaction of the [p]director.
(4) Signs. Multi-lingual signs shall be placed prominently
and conspicuously at all entrances and exits to the eBlart
elOlwner's [Businessl p[!]remises, including the p[!]arking
alAlreas, that provide a notice e+--sugstan+¡ally lcontaininql the
following information: "REMOVAL OF SHOPPING CARTS FROM
THESE PREMISES IS PROHIBITED BY STATE LAW (B & P
s22435.2) AND WILL SUBJECT THE VIOLATOR TO A MAXIMUM
FINE OF $1OOO.OO AND/OR ONE YEAR IN JAIL.''
Page 10 of 20
(5) Physical [Containment Svstem.l tess Preventien
Measures, lEverv Cart Owner shall providel Aþ] description of the
specific measures that the lCartl e[Q]wner shall implement to
prevent e[Ç]art removal from the lBusinessl p[P]remises [which
meets the requirements specified in Section 9-3103(m).1 These
measures may include, but are not limited to, lanl electronic or
other disabling devices on the þ] e[Q]arts so they ean--net tit
cannotl be removed from the [Business] p[!]remises, e#e€tive
@iees lrental or sale of utilitv carts that can be
temporarilv or permanentlv used to transport purchasesl, security
personnel to prevent removal, security deposit for use of [a] eBlart,
or other demonstrable measures acceptable to the Director that are
likely to prevent Cart removal from the lBusinessl p[!]remises.
(6) Employee Training. A description of an ongoing
employee training program that shall be implemented and designed
to educate new and existing employees on the Abandoned Cart
Prevention Plan and conditions contained therein no less frequently
than annually.
(7) Multiple Businesses. [A Cart Owner who has two (2)
or more businesses mavl
and submit a single plan lAbandoned Cart Prevention Plan.l
Pagel1of20
(d) Administration of the Abandoned Cart Prevention Plan. The
Abandoned Cart Prevention Plan shall be administered under the
provisions of this subsection.
(1) At the time the lCartl elOlwner submits the
Abandoned Cart Prevention Plan, the lCartl elOlwner shall pay a
fee for the review and administration of the plan as set forth in the
Master Fee Schedule.
(2) The Director must approve or deny the Abandoned
Cart Prevention Plan within forty-five (45) days of its submission.
The plan may be denied on the grounds that it fails to include the
elements required under this se€t¡€n larticlel or the plan is
inadequate or insufficient to fulfill th€se lthel required elements. lf
the plan is denied, the Director shall do so in writing and provide an
explanation for the basis of his or her decision. The lCartl elOlwner
has twenty (20) days, subject to an extension by the Director, to
submit a new plan or appeal the Director's decision to the
Administrative Hearing Officer pursuant to the Administrative
Hearing Ordinance in Article 5 of Chapter 1.
(3) Once a plan is approved, the lCartl elOlwner has
thirty (30) days to begin implementation. lf, at any time after the
plan has been approved, the Director determines that the plan is
inadequate to fulfill the required elements of this seetien larticlel,
the Director may, in writing, require the lCartl e[Q]wner to modify or
Page 12 of 20
submit a new plan. such a modification may include, but is not
limited to, requiring the lCartl elOlwner to identify a new person to
retrieve abanC€ned e[Qarts or changing the physical loss
prevention measure. lf the Directorllrequires the lCartl e[Q]wner to
modify or submit a new plan, the lCartl elOlwner shall be given a
reasonable time to comply and shall be provided an appeal to the
Administrative Hearing Officer pursuant to Chapter 1, Article 5. A
new plan or modified plan is subject to a fee for its review as
provided in the Master Fee Schedule.
(e) On-Site Cart Containment Svstem Proqram Required.l
ineluding the requirements ef sub seetien (b)' and plans fer reeevery ef all
either a plan fer the ewner er the ewner's empleyees te retrieve the earts
i€es
that is appreved by the eity, The plan fer retrieval shall inelude previding
te the eity, the name and tell free phene number ef the party whe will be
lEverv
Cart Owner shall operate and maintain an On-Site Cart Containment
Proqram as defined in Section 9-3103(k). A Cart Owner mav be
with a qualified Cart Retrieval Service and submits information to the
Page 13 of 20
within a five-mile radius of the Cart Owner's Business Premises: and (ii)
respond to complaints from the public in a manner which results in the
retrieval of Shoppinq Carts within twentv-four (24) hours after receivino
complaints.l Whoever is identified by the tCartl elOlwner as the party
responsible for retrieval of the eBlarts shall be made available for e[Ç]art
retrieval six (6) days a week, eight (8) hours a day or during the lCartl
elOìwner's business hours, whichever is shorter.
(f) Violations. Violation of any provision of this section,
including, but not limited to, failure to submit a plan or comply with a plan
submitted, er failure te eenduet the required daily sweep; is a violation of
this article and the city may pursue any available remedy provided under
the Code for a code violation, including the issuance of an administrative
citation under Section 1-406.
SECTION 9-3106. CITY RETRIEVAL OF CARTS. The city may retrieve
an a[A]bandoned eBlart from public property (or private property with the
consent of the property owner) in the following circumstances:
(a) Where the location of the s{Slhopping eB}art will impede
emergency services.
(b) When the a[fbandoned e[Qart does not identify fþs e{¡únerE
ef+h€-€a# lCart Ownerl as required in Section 9-3105'
(c) When the city has contacted eithe+ the lCartl elQwner'-the
ewner's agent, er the entity eentraeted with by the ewner under the
Page 14 of 2O
and a€tuaily notified them him or her of
the a{Albandoned e[Qart and the e[Ç]art has not been
lreclaimedl within @ lthree (3) business davsl.
SEGTION 9 3107TA1. IMPOUNÐMENT; RETRIEVAT; PAYMENT OF
eos+g
ewner that the eity has impeunded their eart and previde infermatien as te
eart may result in the eart's sale er destruetien' that the ewner will be
eity has pieked up the ewner's earts mere than-three times. In the ease ef
if the erty ebtains aetual knewledge ef the ewner's identifts
in
thirty (30) days after the ewner has reeeived netiee ef the eart being
impeunded, er if the eart's ewner eannet be determined; within thirty (30)
Page 15 of 20
fifty dellars ($50), under the preeedures in Seetien 1 306; against any eart
ix-
s¡x (0) mentn per¡o
eifeumstanGes feun€l in Seetien 9-1 106 ro-2rrì^I, rrtn nna,rrranna ¡nal',¡lao
Sehedule=
sEcïoN 9-310e81. |MMEDTATE RETRTEVAt IMPOUND] BY CrrY OF
IDENTIFIED CARTS. Notwithstanding any other section of this article, the city
may immediately retrieve limpoundl a e[Q]art
lwithout complvinq with the
three (3) dav advance notice requirementl provided the city actually notifies the
lCartl elOlwner within twenty-four (2Ð hours that the city has impounded the cart
and provides information to the [Cartl elOlwner where and how the e[Ç]art may
be retrieved lreclaimedl. The eity may net eelleet a fee er impese a fine; ner
eeunt a retrieval fer purpeses ef a fine under Seetien I3107(d); if the eart
retrieved by the[ leity under this seetien, is eelleeted by the ewner within three (3)
[The Citv shall hold
Page 16 of 20
shall be released and surrendered to the Cart Owner at no charge. includinq a
Section 9-3109(a).|. lf the e[Q]art is not retrieved lreclaimed bv the Cart Ownerl
within three (3) business days Ofit+ewne+, the city may collect its actual costs[,]
and impose a finefi and dispose of the e[Ç]art consistent with the provisions of
Section 19-31 091. S€1€7ÍÊ[.
ISECTION 9-310I8I. POSSESSION OF CARTS BY RECYCLING
this section as follows:
(a) Carts with ldentification Sions. Anv Recvclinq Center that
shall hold the Cart on its premises for three (3) business davs to ensure
that the Cart will not be sold or othenruise recirculated to the public. lf the
Cart is not reclaimed bv the Cart Owner within three (3) business davs
Department and arrange for the Citv to retrieve the Cart.
Page 17 of20
(b) Carts without ldentification Siqns. Anv Recvclinq Center that
Police Department and arrange for the Citv to retrieve the Cart. The
Recvclinq Center shall hold the Cart on its premises to ensure that the
Cart will not be sold or othenvise recirculated to the public.
SECTION 9-31191. ENFORCEMENT AND REMEDIES. The Citv mav
exercise the followinq remedies:
(a) Pursuant to Business and Professions Code Section
three (3) business davs after receivinq notice from the Citv. shall pav the
notification to the Cart Owner. Anv Cart Owner who fails to retrieve
Abandoned Carts in accordance with this Chapter in excess of three times
fine for each occurrence. An occurrence includes all Carts owned bv the
Cart Owner that are impounded bv the Citv for a one-dav period.
(b) lf a Cart is not retrieved bv its owner within thirtv (30) davs
after the Cart Owner has received notice of the Cart beinq impounded.
the Citv sees fit.
(c) Followinq the citv havinq retrieve more than ten (10) Carts in
anv thirty (30) dav period or the issuance of more than ten (10)
Page 18 of 20
require the Cart Owner to install a Phvsical Containment Svstem.l
SECTION 9-310q101. SEVERABILITY CLAUSE. lf any provision,
paragraph, word or section of this article is invalidated by any court of competent
jurisdiction, the remaining provisions, paragraphs, words, and sections shall not
be affected and shall continue in fullforce and effect.
SECTION 9-311q111. CUMULATIVE REMEDY. Nothing herein is
intended to limit the city from pursuing any other remedy available at law or in
equity against any person or entity maintaining, committing, or causing a public
nuisance or any other violation of the Code or State or Federal law.
SECTION 2. This ordinance shall become effective and in full force and effect at 12:01
a.m. on the thirty-first day after its passage.
**************
Page 19 of 20
COUNTY OF FRESNOCITY OF FRESNO
l, WONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoingordinance was adopted by the Council of the City of Fresno, at a regular meeting held
on the 20th day of March, 2014.
)
) ss.
)
AYESNOESABSENTABSTAIN
Mayor Approval:Mayor Approval/No Return:
: Brand, Caprioglio, Quintero, Xiong, Brandau: Baines, Olivier: None: None
March 25,2014N/A ,2014
Mayor Veto: N/A 2014Council Override Vote:
APPROVED AS TO FORM:CITY ATTORNEY'S OFFICE
N/A ,2014
WONNE SPENCE, CMCCity Clerk
By: f\Lf'/r\/ 4ul.|,n, Deputy
TNP:ns:elb [6310Ons/elb/tnp] - Ord. 2126114
Page20 of 20
March 21,2014 R[CEIVED councilAdoption: 3l2ol2ot4Mayor Approval:
TO: MAYOR ASHLEY SWEARENGIN î Mayor Veto:* tn T 31 override Request:
FROM: WONNE SPENCE, CMC \''
City ClerkRH, FRESIIO CA
SUBJECT: TRANSMITTAL OF COUI FOR APPROVAL OR VETO
At the Council meeting of 3120114, Council adopted the attached Ordinance No. 2014-18Amending Article 31, Ghapter 9 of the Fresno Municipal Code relating to abandonedshopping carts, ltem No. 1G1, by the following vote:
Ayes :
Noes :
Absent :
Abstain :
NO RETURN:
Brand, Brandau, Caprioglio, Quintero, XiongNoneBaines, OlivierNone
Please indicate either your formal approval or veto by completing the following sections andexecuting and dating your action. Please file the completed memo with the Clerk's office onor before March 31,2014. In computing the ten day period required by Charter, the first dayhas been excluded and the tenth day has been included unless the 1Oth day is a Saturday,Sunday, or holiday, in which case it has also been excluded. Failure to file this memo withthe Clerk's office within the required time limit shall constitute approval of the ordinance,resolution or action, and it shall take effect without the Mayor's signed approval.
Thank you.
VETOED for the following reasons: (Written objections are required by Charter; attachadditional sheets if necessary.)
Date:AyesNoesAbsentAbstain
COUNCIL OVERRIDE AGTION: