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HomeMy WebLinkAboutORDINANCE 3759 - SHOPPING CART CONTAINMENT AND RETRIEVAL PROOF OF PUBLICATION STATE OF CALIFORNIA) UrY OF NUMMOTON ss. LEGM NOTICE COUNTY OF ORANGE ) ORDRr1ANCE1110.3759 ,M*9dbytieCW1Could an DECEMBER4,2006 I am a Citizen of the United States and a. THE CIORDINANCE Y OF HUCI TINE TON BEACH AMENDING resident of the County aforesaid; I am THE HUNTINGTON BEACH MUNICIPAL over the age of eighteen years and not a CODE. ADDING CHAP- 0, TER 580 TITLED'SHOP- PING CART CONTAIN- party to or interested in the below entitled MENT AND RETRIEVAL matter. I am a principal clerk of the BSYNoPS,S, HUNTINGTON BEACH INDEPENDENT, THE PURPOSE OF ' THE THIS CHAPTER IS TO SET FORTH REG- TO a newspaper of general circulation, TH TONREASONABLE printed and published in the City of B 'THE OWAMi S TAKEN Huntington Beach, County of Orange, NESSEES WHICH PRO- VIDE SHOPPING CARTS State of California, and that attached FOR THE CONVENIENCE OF CUSTOMERS TO EI- Notice is a true and com lete cO as THER PREVENT RE- ' comp py MOVAL OF SHOPPING CARTS M was printed and published in the PREMISS AND'BUSINESS Huntington Beach issue of said FO LOTS,OR PROVIDE g RE- TRIEVAL OF LOST,STO- LEN, OR ABANDONED newspaper to wit the Issues of. SHOPPING CARTS. THE ORDINANCE IN-, CLUDES A SECTION MAKING IT UNLAWFUL FOR ANY PERSON TO REMOVE A CART FROM THE PREMISES OR PARKING AREA OF THE BUSINESS, LEAVE OR DECEMBER 14,2 0 0 6 ABANDON A CART AT- A LOCATION OTHER THAN THE. BUSINESS, OR TO BE IN POSSES- SION- OF ANY SHOP- PING CART WHILE THE CART IS NOT-LOCATED 'ON THE PREMISES OF THE BUSINESS. I declare, under penalty of perjury, that DICNANCE ARE ALL- the foregoing is true and correct. ABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City-of Nceg untington Beach at, a Executed on DECEMBER 14 2 0 0 6 gular,meeting held De- mber 4, 2006 by the l vote: at Costa Mesa, California. AYES:in hr, Carchio, Cook, Coe per,, Green, Hansen,Hardy- NOES:None ABSENT:None . This ardlrnince is ef- fedl. 30 days after i adoppttitn. Signature CITY OoF HUNTINGTQN BEACH, 20M MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 j JOAN L FLYNN,CITY CLERK Published Huntington Beach Independent De- camber 14, 2006 122-1 898_ i 2006 9 -9 A Council/Agency Meeting Held` I i Deferred/Continued t � �a�,/ �(o e �t. y # ° ' Cif Reproved Conditiona ly pp�ed ❑ Denied City Clerk's S' ature C ncil Meeting Date: 11/20/2006 Department ID Number: PL06-24 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE``MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: P NE 'CULBR�-GT, CITY ADMINISTRATOR PREPARED BY: SCOTT HESS, ACTING PLANNING DIRECTO SUBJECT: APPROVE SHOPPING CART CONTAINMENT AND RETRIEVAL ORDINANCE Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is an ordinance to amend the Huntington Beach Municipal Code by adding Chapter 5.80, titled Shopping Cart Containment and Retrieval by Owners. The purpose of this chapter is to set forth regulations to ensure that reasonable measures are taken by the owners and operators of businesses which provide shopping carts for the convenience of customers to either prevent removal of shopping carts from business premises and parking lots, or provide for prompt retrieval of lost, stolen, or abandoned shopping carts. Funding Source: Not applicable Recommended Action: Motion to: "Approve Ordinance No. 35� an Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code By Adding Chapter 5.80 Titled Shopping Cart Containment and Retrieval by Owners (ATTACHMENT 1). Alternative Action(s): The City Council may take the following alternative action(s): A "Not approve Ordinance No, " B. "Continue Ordinance No. and direct staff accordingly." REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/20/2006 DEPARTMENT ID NUMBER: PL06-24 Analysis: A. OVERVIEW In response to several complaints from residents regarding abandoned shopping carts littering their neighborhoods, Code Enforcement staff met with Mayor Sullivan in July, 2006 to discuss the feasibility and necessity of adopting an ordinance regulating shopping carts. Code Enforcement staff has determined that there is a need to address the issue of abandoned shopping carts throughout the City and based upon the precedents established by other cities (Anaheim, Buena Park, Costa Mesa, etc.), the City Attorney's Office has determined that such an ordinance is feasible. B. BACKGROUND Shopping carts have been in use since the 1930's and serve as a convenience to customers while shopping. They are frequently used to transport merchandise from the store to an automobile in the parking lot. Unfortunately, shopping carts have also evolved into a device that enables store customers to transport their purchases to off-site destinations (usually bus stops or residential neighborhoods). After the destination is reached, the shopping cart is abandoned. These abandoned carts constitute a nuisance, create potential hazards to health and safety of the public, and interfere with pedestrian and vehicular traffic. Wrecked, dismantled, abandoned, and vandalized carts also tend to create conditions that reduce property values and promote deterioration and blight in the City. In the past, the City contracted with California Shopping Cart Retrieval Service to retrieve carts belonging to businesses that did not have an established cart retrieval plan or business relationship with a cart retrieval service. The City was charged per cart and provided a monthly report listing the number of carts retrieved. However, there was no effective process available to verify the validity of the monthly billing statements received from the retrieval service, as staff only received an invoice with the total number of carts serviced. Furthermore,the City was paying an average of$2,000 to $3,000 per month for the retrieval service, which benefited those businesses that did not have an established cart retrieval plan. Due to these issues, the City terminated the contract in 2003 and has attempted to work directly with businesses to retrieve their carts from the neighborhoods and bus stops. C. ANALYSIS; In order to more comprehensively address abandoned shopping carts, staff is proposing that an ordinance regulating shopping carts be considered. The ordinance is envisioned to provide measures that regulate the containment and retrieval of shopping carts city-wide. The ordinance presented to council has been drafted similarly to ordinances enacted by the cities of Buena Park and Anaheim, both of which were supported by businesses and the -2- 11/7/2006 3:49 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/20/2006 DEPARTMENT ID NUMBER: PL06-24 California Grocer's Association. Buena Park's ordinance applies to business with ten or more carts and Anaheim's ordinance applies to five or more carts. Staff has recommended that the proposed Huntington Beach ordinance apply to businesses with ten or more carts so as to effectively address shopping carts while not being overly burdensome to smaller - retailers. Prior to the presentation of the ordinance to Council,staff hand-delivered over 68 letters to businesses that utilize ten or more shopping carts, describing the purpose of the proposed ordinance and highlighting the key elements of the recommended regulations (Attachment No. 2). Staff also forwarded this information to Jennifer Forkish, Director of Local Government Relations for the California Grocer's Association, and sent a.notice to the Huntington Beach Chamber of Commerce. Staff followed-up with phone calls and in person visits with store directors/managers and answered questions, concerns, and provided clarification regarding the proposed ordinance. The majority of the comments made by businesses were supportive of the ordinance, but stressed that persons who remove carts illegally also be held accountable. The proposed ordinance includes a section making it unlawful for any person to remove a cart from the premises or parking area of the business, leave or abandon a cart at a location other than the business, or to be in.possession of any shopping cart while the cart is not located on the premises of the business. It is anticipated that the Code Enforcement Division will take the lead role in enforcement of violations of the cart retrieval and containment elements. Code Enforcement will work cooperatively with the Police Department for enforcement of the provisions relative to persons removing, leaving, or abandoning carts, or persons in possession of shopping carts. This ordinance also includes a process for appealing enforcement actions to the Planning Director for initial review and final decision by the Planning Commission, as provided by Huntington Beach Subdivision and Zoning Ordinance Section 248.20.D. Environmental Status: The proposed ordinance is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Attachmeggs): City Clerk's Page Number No. Description 1. Ordinance No. 2. Copy of Letters and Back-up Material Delivered to Retailers 3. Distribution Log of Letters to Businesses ... 4. PowerPoint Presentation -3- 11/14/2006 2:02 PM ATTACHMENT # 1 ORDINANCE NO. 3 7 5 9 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 5.80'TITLED SHOPPING CART CONTAINMENT AND RETRIEVAL BY OWNERS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That new Chapter 5.80 be, and is hereby added to Title 5 of the Huntington Beach Municipal Code,said chapter to read as follows: Chapter 5.80 SHOPPING CART CONTAINMENT AND RETRIEVAL BY OWNERS Sections: 5.80.010 Purpose. Declaration of Nuisance. 5.80.020 Definitions 5.80.030 Cart Containment Plana 5.80.040 Cart Retrieval Plan. 5.80.050 Plan Submission and Approval.. 5.80.060 Appears. 5.80.070 Unauthorized Removal or Possession of a Shopping Cart. 5.80.080 Unlawful Acts. 5.80.010 Purpose. Declaration of Nuisance. Many retail establishments provide shopping carts`, for the convenience of customers while shopping on the premises of such businesses. However, shopping carts removed from the premises of such businesses and left abandoned on public or private property throughout the City constitute a public nuisance and a potential hazard to the health and safety of the public. The proliferation of lost, stolen or abandoned shopping carts on public and. private property causes blighting conditions in the community, results in the obstruction of free access to public and private sidewalks, streets, parking lots and other ways, interferes with pedestrian and vehicular traffic on public and private streets, and impedes emergency services. For the aforesaid reasons, such lost, stolen or abandoned shopping carts are declared to be a public nuisance which shall be subject to abatement in the manner set forth in this chapter or in any other manner provided by law. The purpose of this chapter is to set forth regulations to ensure that reasonable measures are taken by the owners and operators of businesses which provide shopping carts for the convenience of customers to either prevent the removal of shopping;carts from business premises and parking lots, or provide for the prompt retrieval of lost, stolen or abandoned shopping carts, to complement and supplement provisions of state law, and to adopt local regulations to the extent not otherwise preempted by state statute. 5.80.020 Definitions. Except as otherwise expressly set forth herein, the following words and terms as used in this chapter shall have the following meanings: a) "City"means the City of Huntington Beach, California. b) "Director of Planning" means the Planning Director of the City and his 1 her designee(s): 06-525/5572 Ordinance No. 3759 c) "Enforcement personnel" means any police officer or code enforcement officer employed by the City. d) "Laundry cart" means a basket which is mounted on wheels and used in a coin-operated` laundry or dry-cleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them. e) "Lost, stolen or abandoned shopping cart" means a shopping cart which is either: (1) removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping 'cart or the retailer otherwise entitled to possession of such cart, or (ii) left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with the permission of the owner. For purposes of this chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen or abandoned, even if in the possession of any person, unless such person in possession thereof either: (i) is the owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart, (ii) is an officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts, (iii) is an enforcement officer retrieving, storing or disposing of the cart pursuant to the provisions of this chapter. f) "Owner" means any owner, manager, or operator of any retail establishment. g) "Parking area" means a parking lot or other property provided by a retail establishment for the use of customers of such retail establishment for parking of customer vehicles. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the multistore complex or shopping center. h) "Planning Commission" means the Planning Commission of the City. i) "Premises" means any building, property or other area upon which any retail establishment" business is conducted or operated in the City, including-the parking area provided for customers of such retail establishment. j) "Retail establishment"` means any business located in the City which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business,and regardless of whether such business is open to the general,public, or is a private club or business, or is a membership store. 06-525/5133 2 Ordinance No. 3759 k) "Shopping cart" or "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. The term shopping cart or cart includes a laundry cart. 5.80.030 Cart Containment Plan. Except as otherwise provided in this chapter, every owner who provides shopping carts to customers for use on the premises of any retail establishment shall develop, implement and comply with the provisions of a written plan approved by the City to prevent customers from removing shopping carts from the premises of such business without authorization of the owner (the "cart containment plan"). The cart containment plan, at a minimum, shall include the following elements` A. Sians Affixed to Carts. Every shopping cart made available for use by customers shall have a sign permanently affixed to it that identifies the owner of the cart of 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 of the business, or the unauthorized possession of the cart, is a violation of state law, and lists a valid telephone number or address for returning the cart removed from the premises to the owner or retailer. B. Notice to Customers. Written notice shall be provided to customers, both in English and Spanish, that removal of shopping carts from the premises is prohibited by state law. Such notice may be provided in the form of flyers distributed on the premises, warnings printed on shopping bags, direct mail, website notices or any other means demonstrated to be effective. The cart containment plan shall identify the specific measures to be implemented to comply with this notice requirement. In addition, conspicuous signs shall be placed and maintained on the premises near all customer entrances and exits and throughout the premises, including the parking area, warning customers that removal of shopping carts from the premises is prohibited by state law. C. Physical`'Measures. Specific physical measures shall be implemented and maintained by the owner to prevent, deter or impede the removal of shopping carts from the premises. Such physical' measures shall be specifically identified in the cart containment plan and may include, but are not limited to, the following: disabling devices installed and maintained on carts, maintaining one or more security guards assigned the responsibility to deter or stop customers from removing shopping carts from the premises, preventing any shopping carts to be taken outside the confines of building exits unless accompanied by an employee of the business, bollards and chains in locations between the business exits and the parking area which effectively prevent transporting shopping carts into the parking area or off the premises, requiring security deposits by customers for cart use, or rental or sale of carts to customers. D. Daily Cart Confinement. All shopping carts located on the premises of the retail establishment (other than an establishment open for business 24 hours per day) shall be collected at the end of each business day by employees of the retail establishment and shall be collectively confined in a secure manner at the cart containment area on the premises as designated in the cart containment plan until the commencement of the next business day. All shopping carts located on the premises of any retail establishment open for business 24 hours per day, other than carts then currently in use by a customer or patron, shall be collected by employees of the retail establishment and returned to the cart confinement area 06-52515133 j Ordinance No . 3759 on the premises as designated in the cart containment plan at least once per calendar day between the hours of 900 p.m. and 12:00 midnight on each day the retail establishment is open for business. The provisions of this subsection shall not apply to any shopping-carts located within an enclosed building. E. Employee Training. The owner of the retail establishment shall implement and maintain a periodic training program for its new and existing employees designed to educate such employees concerning the requirements of the cart containment plan and the provisions of state law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment. The cart containment program shall expressly describe the employee training program. F. Collaboration with Other Businesses. Two or more retail establishments located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single cart containment plan. G. Exemptions. The requirements of this Section 5.80.030 shall not apply to any retail establishment which provides a total of less than ten (10) shopping carts;'for use by customers of such business, or which retail establishment complies with the requirements of Section 5.80.040 of this chapter. 5.80.040 Cart Retrieval Plan. Except as otherwise provided in this chapter, every owner who provides shopping carts to customers to use on the premises of any retail establishment shall develop, implement and comply with the provisions of a written plan approved by the City to provide for the retrieval of lost, stolen or abandoned shopping which have been removed from the premises of the retail establishment (the"cart retrieval plan"). The cart retrieval plan,at a minimum shall include the following elements: A. Signs Affixed to Carts. Every shopping cart made available_for use by customers shall have a sign permanently affixed to it that identifies the owner,of the cart of 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 of the business, or the unauthorized possession of the cart, is a violation of state law, and lists a valid telephone number or address for returning the cart removed from the premises to the owner or retailer. B. Retrieval Personnel. The owner shall provide personnel for purposes of the retrieval of lost, stolen or abandoned shopping carts. Such personnel may be either employees of the business or one or more independent contractors hired by the owner to provide shopping cart retrieval services, or a combination of both.The cart retrieval plan shall either: (i) identify the number of employees who will be assigned such cart retrieval duties, the number of total hours per week that each assigned employee will perform such services(in addition to any on-premises retrieval duties to which such employee may be assigned, and the training each of such personnel has receive or will receive concerning the retrieval of lost, stolen or abandoned shopping carts, or (ii) include a copy of each contract with a cart retrieval service (other than confidential financial information which may be redacted from the contract). 06-525/5133 4 Ordinance No. 3759 For purposes of this Section 5.80.040, those persons identified in the cart retrieval plan as providing cart retrieval services, whether employees of the business or independent contract services, shall be referred to in this Section as"retrieval personnel." The owner shall provide written authorization to all retrieval personnel which authorization shall be carried by each such person while performing cart retrieval services on behalf of the owner and shall be provided to any enforcement personnel upon request. Each vehicle used by retrieval personnel shall bear conspicuous signs on the vehicle identifying either the name of the retail establishment for which such retrieval service is being performed or, if applicable, the name of the cart retrieval service with which the retail establishment has contracted for such services. C. Prompt Retrieval of Carts. The owner shall provide retrieval personnel in sufficient number to assure that all public streets within a minimum one mile radius of the premises of the retail establishment are patrolled not less often than every 48 hours, and all bus stops within a minimum one mile radius of the retail establishment are patrolled not less often than every 24 hours, and each lost, stolen or abandoned shopping cart owner or provided by the retail establishment that is found as a'result of such patrols,is immediately retrieved and removed from any public or private property upon which the cart is found. The cart retrieval plan shall identify the streets and bus stops which will be patrolled as required by this subsection;' the manner, frequency and t` h patrols; and the procedures to be employed b the Imes of'suc y q Y P p retail establishment to 'identify and retrieve any lost, stolen or abandoned shopping carts. The cart retrieval plan shall identify the number of trucks, hours of operation of the retrieval personnel,and such other information as reasonably required by the City to assure that the owner is devoting sufficient resources to cart retrieval operations to comply with the provisions of this Section 5.80.040 and the approved cart retrieval plan. D. Exemptions. The requirements of this Section 5.80.040 shall not apply to any retail establishment which provides a total of less than ten (10) shopping carts for use by customers of such business, or which retail establishment complies with the requirements of Section 5.80.030 of this chapter. 5.80050 Plan Submission and Approval. A. New or Relocated Retail Establishments. Unless otherwise expressly exempt hereunder, each new retail establishment, and any existing retail establishment relocating to a different location within the City, shall submit a proposed plan complying with the requirements of either Section 5.80.030 or Section 5.80.040 of this chapter to the Director of Planning, and obtain approval thereof by the City, prior to providing any shopping carts to customers of the retail establishment. Each proposed plan shall be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed plan shall be accepted for filing and processing by the Director of Planning unless accompanied by the processing fee established by the City Council. B. Existing Retail Establishments. Unless otherwise expressly exempt hereunder, each existing retail establishment shall submit a proposed plan complying with the requirements of Section 5.80.030 or Section 5.80.040 of this chapter to the Director of Planning within 120 calendar days following the date of adoption of this chapter. No such retail establishment existing on the date this chapter is adopted shall provide or continue to provide shopping carts for the use of its customers after the 180th calendar day following the date of adoption 06-525/5133 5 Ordinance No. 3759 of this chapter without a plan approved by the City as conforming to the requirements of either Section 5.80.030 or Section,5.80.040 of this chapter; provided, however, such date shall be extended for the period, if any,during which an appeal of the denial of such plan is pending pursuant to the provisions of this chapter. Each proposed plan shall be accompanied by a processing fee in an amount as by resolution of the City Council.. No proposed plan shall be accepted for filing and processing by the Director of Planning unless accompanied by the processing fee as established by the City.Council. C. Plan Review and Approval. Upon the filing of any proposed plan pursuant to either Section 5.80.030 or Section 5.80.040 of this chapter (collectively referred to herein as the "plan"), and receipt of the required processing fee;the Director of Planning or his/her designee shall review said proposed plan and either approve or deny approval of said proposed plan within 30 calendar days following the receipt thereof by the Director of Planning. If the proposed: plan complies with each of the applicable requirements of this chapter, the Director of Planning shall approve the plan, otherwise the proposed plan shall be denied. The decision of the Director of Planning shall be made in writing and notice thereof shall be transmitted to the owner of the retail establishment by the United States Postal Service, first-class mail, postage prepaid, or by personal delivery or fax transmission. The notice of decision of the Director of Planning shall be deemed given to the owner on the date of personal delivery or on the date of the fax transmission to the owner; notices given by the United States Postal Service, first-class mail, postage prepaid, shall be deemed given to the owner on the third day following the date of deposit in the course of transmission with the United States Postal Service, first-class mail, postage prepaid. If the proposed plan is denied, the notice of decision given to the owner shall state the grounds upon which the proposed plan was denied. A decision of the Director of Planning may be appealed by the owner in the time and manner provided in Section 5.80.060. D. Amendments by Owner. The owner of any retail establishment which has an approved plan conforming to the requirements of this chapter may, at any time, submit a proposed amendment to the approved plan amendment shall beprocessed in accordance wi th the procedure provided for a proposed plan as set' forth in subsection C above. Each proposed amendment shall_be accompanied by a processing fee in an amount as set by resolution of the City Council. No proposed amendment shall be accepted for filing and processing by the Director of Planning unless accompanied by the processing fee as established by the City Council_ E. Revocation or Amendment by City, 1. Grounds. An approved plan may be revoked by the City upon any of the following grounds: a. The owner of any retail establishment is operating, or is permitting operation of, the retail establishment in violation of one or more of the provisions of said approved plan and has failed to correct said violation(s) for a period of at least 15 calendar days following the date of receipt of written notice of such violation(s) from the City; or b. The owner of any retail establishment with an approved plan is operating, or is permitting the operation of, the retail establishment in violation of one or 06-525/5133 Ordinance No . 3759 more of the requirements of this chapter and has failed to correct said violation(s) for a period of at least 15 calendar days following the date of receipt of written notice of such violation(s) from the City; or c. The cart containment plan, as approved, is inadequate to reasonably prevent the removal of shopping carts from the premises of the retail establishment; or d. The cart retrieval plan, as approved, is inadequate to ensure the prompt retrieval of lost, stolen or abandoned shopping carts removed from the retail establishment. 2. Order to Show Cause. If at any time following the approval of a plan, the Director of Planning obtains information or evidence that any of the grounds set forth in paragraph E(l)'above may exist, the Director of Planning shall issue a written order to show cause as to why the approved plan should not be revoked and schedule a hearing thereon which hearing shall not be less than 15 calendar days nor more than 30 calendar days following the date such order to show cause is given to the owner of the retail establishment. The order shall state the grounds upon which it is proposed to revoke the approved plan and shall include the information and evidence, or a summary thereof, upon which such order was issued. 3. Notice of Hearing. Notice of the hearing on any order to show cause issued pursuant to this Section shall be given in the time and manner provided in subsection C above. 4. Conduct of Hearing. The hearing shall be conducted informally and the legal rules of evidence shall not be applicable. The owner and the City shall each have the opportunity to present evidence and witnesses. The parties may each be represented by legal counsel or other representatives of their choice. The City shall bear the burden of proof to establish, by a preponderance of the evidence, that grounds exist to revoke the plan. The Director of Planning, at his or her discretion, and as an alternative to revocation, may consider amendment of the plan if the grounds for the order to show cause are solely the inadequacy of the approved plan. 5. Decision of Director of Planning.'Within 15 calendar days following conclusion of the hearing, the Director of Planning shall render his or her decision in writing either dismissing the proceedings or revoking or amending the plan. If the plan is revoked or amended, the decision shall specify the findings of fact and the reasons for such action. If the plan is-amended, the decision shall also specify the amendment(s) to the plan. 6. Notice of Decision. Notice of the decision of the Director of Planning shall be given in the time and manner specified in subsection C above. 7. Appeal of Decision. The decision of the Director of Planning shall be subject to appeal by the owner within the time and manner specified in Section 5.80.060. In the absence of a timely appeal, the decision of the Director of;Planning shall be final and conclusive. 46-525/5133 7 Ordinance No. 3759 8. Use of Shopping Carts following Revocation Prohibited. No,owner of any retail establishment which is subject to the requirements of this chapter shall provide or make available shopping carts for the use of customers following the date any decision revoking a plan required and approved pursuant to this chapter becomes final unless and until a new proposed plan is approved by the City for such retail establishment. Notwithstanding any other provision of this chapter, an owner of a retail establishment shall not be eligible to submit a new proposed plan to the City" for processing for a"minimum of 180 days following the date any decision revoking the prior plan for such retail establishment becomes final. Any proposed plan submitted to the City for such retail establishment during said 180 day;period shall be returned to the owner of the retail establishment as untimely. 5.80.060 Appeals: A. Appeal of Decision. Any owner aggrieved by any adverse decision of the Director of Planning pursuant to this chapter may appeal such decision to the City Planning Commission within ten (10) calendar days following the date of giving of notice of such decision. The notice of appeal shall be in the form provided by Huntington 'Beach Subdivision and Zoning Ordinance Section 248.20 A and B, as the same now reads or may be hereafter amended, and shall be accompanied by the fee fixed by resolution of the City Council. The Director shall schedule the appeal for consideration by the Planning- Commission within thirty (30) calendar days and shall give the appellant ten(10) calendar, days notice of the time and place of the hearing. The hearing shall be conducted in the manner provided by Huntington Beach Subdivision and Zoning Ordinance Section 248.20.1), as the same now reads or maybe hereafter amended. B. Decision by Planning Commission. The Planning Commission shall render a decision on the appeal in conformance with Huntington Beach Subdivision and Zoning Ordinance Section 248.20.E within thirty (30) calendar days following the conclusion of said hearing. The Planning Commission's decision shall be final and conclusive on the date said decision is deemed given to the appellant as provided in Section 5.80.050.0 below. C. Notice of Decision. The notice of decision of the Planning Commission shall be deemed given on the date of personal delivery or on the date of the fax transmission to the appellant; notices given by the United States Postal Service, first-class mail, postage prepaid, shall be deemed given to the appellant on the third day following the date of deposit in the course of transmission with the United States Postal Service. 5.80.070 Unauthorized Removal or Possession of a Shopping Cart. It is unlawful for any person to do any of the following, if a shopping cart has a permanently affixed sign pursuant to Sections 5.80.030.A and 5.80040.A A. Remove a shopping cart from the premises or parking area of a business establishment. B. Leave or abandon a shopping cart at a location other than the premises or parking, area of the retail establishment. 06=525/5133 8 Ordinance No . 3759 C. Alter, convert, or tamper with a shopping cart, or to remove any part or portion thereof or to remove,obliterate or alter serial numbers on a cart. D. Be in possession of any shopping cart while that cart is not located on the premises or parking lot of a business establishment. 5.80.080 Unlawful Acts. A. Except as otherwise expressly provided in this chapter, it shall be unlawful for the owner of any retail establishment to provide or offer, or permit to be provided or offered, any shopping carts to customers of said retail establishment without an approved cart containment plan or cart retrieval plan as required by either Section 5.80.030 or Section 5.80.040 of this chapter; provided, however, this prohibition shall not apply to any retail establishment, or the owner thereof, which provides a total of less than ten (10) shopping carts for the use of customers of said retail establishment. B. It shall be unlawful for the owner of any retail establishment to provide or offer, or permit to be provided or offered, to customers of said retail establishment any shopping cart which does not have a sign permanently affixed thereto containing all of the information specified in Section 22435.1 of the Business and Professions Code of the State of California. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4 t h day of December , 200 6 ` a ATTEST: JP OVED AS TO FORM: Q"n)— 4 2(J�— nCity Clerk lCity Attorney �- n tp REVIEWED AND APPROVED: INITIATFjD AND APPROVED: L� t" Cit Administrator irector of flanning 06-525/5133 Ord. No. 3759 STATE OF CALIFORNIA ) COUNTY OF ORANGE j 'ss: CITY OF HUNTINGTON BEACH 1, JOAN L. FLYNN, the duly elected,qualified City Clerk of the City of Huntington Beach,and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 20th day of November,2006,and was again read to said City Council at a regular meeting thereof held on the 4th day of December,2006, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES: Bohr, Carchio, Cook, Coerper, Green,Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on December 14,2006. In accordance with the City Charter of said City Joan L. Flynn,City Clerk; CUy Clerk and ex-officio gerk Deputy City clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 �H DEPARTMENT OF PLANNING Phone 536-5271 Fax 374-1540 November 14,2006 SUBJECT: NOTICE OF CITY COUNCIL MEETING/PROPOSED SHOPPING CART ORDINANCE Dear Store S it e Director: Recently, a member of the City's Code Enforcement Division visited your store regarding a proposed City ordinance regulating the containment and retrieval of shopping carts. We appreciate the comments we have received to date and have enjoyed talking with many of you that have had questions and concerns. As a reminder,the City Council will be reviewing the proposed ordinance at their Monday, November 2Wh Council Meeting,at 6:00 p.m. If you would like to speak on this item at the meeting,you will have the opportunity to do so during the public comment period of the meeting. This is the time of the meeting for the Council to receive comments from the public regarding items of interest or agenda items. For those interested, copies of the proposed ordinance are also available and can be obtained from the City Clerk's Office on or after Thursday,November 16t'. I would encourage those of you who may still have questions and comments to contact me via e- mail at bzylla@surfcity-hb.org, by calling me at(714) 536-5274, or by meeting with me directly. Our intent is to work together with you, our Huntington Beach Businesses,to ensure that our City remains a great place to live,work, and play. Sincerely, LA- Bill Zylla Neighborhood Preservation Manager City of Huntington Beach s Jac' City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING Phone 536-5271 Fax 374-1540 374-1648 October 31, 2006 Dear Store Director: In response to several complaints from residents regarding abandoned shopping carts littering their neighborhoods,the City of Huntington Beach is proposing an ordinance to help resolve these issues.This ordinance is scheduled for a public hearing on November 20, 2006. Shopping carts are normally used to transport merchandise from the store to an automobile in the parking lot of the store they belong to. Unfortunately,shopping carts have also evolved into a device that enables customers to transport purchases to off-site destinations (usually bus stops or residential neighborhoods). After the destination is reached,the cart is abandoned. These abandoned carts are nuisances,creating potential hazards to health and safety, and interfere with pedestrian and vehicular traffic. Wrecked, dismantled, abandoned, and vandalized carts also create conditions that reduce property values and promote deterioration and blight in the City. The City realizes the important role that shopping carts play in providing a convenient service to your customers and would like to receive your input on the proposed ordinance. Attached, please find an outline of the key points of the proposed ordinance. The proposed ordinance is being developed based on existing ordinances in the cities of Anaheim and Buena Park,which were supported by businesses,city staff, and the California Grocer's Association. Please take some time to review the key points of the proposed ordinance and provide comments. Your comments can be sent to me via e-mail at bzylla@surfcity-hb.org, or by contacting me at (714)536-5274,or by meeting with me directly. Our intent is to work together with you, our Huntington Beach Businesses,to ensure that our City remains a great place to live,work, and play. Sincerely, Bill Zylla Neighborhood Preservation Manager City of Huntington Beach The key elements of the proposed ordinance include the following: 1. Declaration of Nuisance; declare lost, stolen or abandoned shopping carts a public nuisance subject to abatement. The carts should be declared a nuisance due to their causing of blight conditions in the community, obstruction of free access to public and private sidewalks,streets, parking lots and otherwise interfering with pedestrian and vehicular traffic on public and private streets, and impedes emergency services. 2. In conjunction with State law, the city code would require that all carts have a sign notifying customers that the unauthorized removal of the cart from store premises is a crime under state law. The sign would also identify the store name and address, and a telephone number for returning carts. 3. The owner of any business that provides more than ten.(10) shopping carts would be required to develop,implement, and comply with the provisions of a plan either to prevent the removal of shopping carts from the business premises (i.e. Cart Containment Plan) or promptly retrieve lost, stolen, or abandoned carts (i.e. Cart Retrieval Plan). Businesses would be required to submit either a Cart Containment Plan or Cart Retrieval Plan or both to city staff for review. These plans would be reviewed by staff to ensure provisions are sufficient to address abandoned shopping carts in the City. 4. The Cart Containment Plan would need to contain provisions requiring, at a minimum, the following measures:' a. Signs on each cart identifying the cart owner and notification that unauthorized removal of the cart is a crime under state law; b. Distribution of notices and posting of signs on the premises warning customers that removal of the carts from the premises is a violation of state law; c. Physical measures to prevent the removal of the cart from the premises, as chosen by the business owner, which measures could include, but are not limited to, disabling devices on the carts, physical barriers on the premises, security guards, security deposits for use of carts; d. Employee training programs 5. Two or more businesses from the same shopping center would be permitted to collaborate and submit a single Cart Containment Plan. 6. Any Cart Retrieval Plan would need to contain provisions requiring at a minimum, the following measures: a. Signs on each cart identifying the cart owner and notification that unauthorized removal of the cart is.a crime under state law; b. Identification and use of employees or contract cart retrieval services hired by business owner to ensure retrieval of lost, stolen, or abandoned shopping carts removed from the business premises; c. Retrieval personnel would be required to patrol all public streets within a minimum radius of one mile from the business premises at least once each 48 hours to search for lost, stolen, and abandoned carts removed from the premises; while bus stops within a one mile radius of the business premises would be required to be patrolled at least once each 24 hours: 7. New or relocated businesses would be required to obtain city approval of either a Cart Containment Plan or Cart Retrieval Plan prior to providing shopping carts for use by its customers. 8. 'Existing businesses would be required to submit either a proposed Cart Containment Plan or Cart Retrieval Plan to the city within 180 days following adoption of the ordinance. A fee could be required for processing the plan in an amount set by resolution by the City Council: 9. The Director of Planning or his designee would review any plan to determine if the requirements of the ordinance would be met within thirty (30) days of its filing. Additionally, the Director of Planning may initiate action to amend or revoke a plan if it is felt that the Plan is not working or the business is not complying with the terms of the plan. 10.Decisions of the Director of Planning would be subject to an initial appeal to the Planning Commission An appeal fee in an amount established by the City Council would accompany any appeal. 11.Following a noticed hearing, the Planning Commission, through an appeal, may revoke or condition an approved Plan if either: a. The business is operating in violation of any provisions of the Plan and continues to operate after fifteen (15) days from the Notice of Violation; b. The business is operating in violation of any requirement of the ordinance and continues to operate fifteen (15) days from the Notice of Violation; c. An approved cart containment plan is inadequate to prevent the removal of shopping carts from the premises; or d. An approved cart retrieval plan is inadequate to ensure prompt retrieval of shopping carts removed from the premises. 12.Following any decision of revocation becoming final, the business could not apply for a new plan, or provide shopping carts to customers, for a minimum of 180 days.. 13..It would be unlawful for any person to remove a shopping cart from the store property, leave or abandon a shopping cart at a location other than the premises of the retail establishment, tamper with a shopping cart, and/or be in possession of a shopping cart while the cart is not located on the store property. 14.The first violation of any of the code provisions would be an infraction only. Additional violations by the same person or entity could be punishable as a misdemeanor. It is the belief an ordinance incorporating the elements listed above would effectively reduce the number of abandoned carts throughout the City, in addition to reducing the amount of time an abandoned cart is left in a neighborhood, thus eliminating the nuisance. If you have any questions regarding this proposed ordinance, please feel free to contact Bill Zylla at (714) 536-5274, or via e-mail at bzylla@surfcity-hb.org. ATTACHMENT #3 Shopping Cart Ordinance Date Distributed:_// � Informational Letter Distribution Log Officer Distributing: Business NameStore Contact Info Business Name Store Contact Info and Address Director and Address Director 1 21 2 �11f/ �f�� c�� ,�C 22 W91 toma- / l1✓,EI -OPE o'M"'-: Z . 3 - 23 424 l�fi�s iePSAa3 ` C l 5 25 26 �S9(v1�j 7 j Plow �s �l�/ �1�"�Ss 27 s/a .A 16 a. 7 c / � $ 28yrrytr a 2912=S �l� �Us 31 IPI& >k 1159 a l 12 32 W/mot�d�.tT� LAjGxi�°T SmN 7iiI✓t' 13 IZ �Y 011 � 3334 t/ l/off G�/�i �o�✓c 15 /G� A(' 35 Lam+ � 2 p- 16 �l�N�y3T.e I3'ao 36 CC C / sf s �% 3 X, -,, .J �3;9 92 17 6$ZZ Ali - /li/ACI�NI� �/�1414 37 v < d 18 f, ,, � 1 /© � 38UN/J 19 ` wl,��� 39 � ZA 4/ 5lv/an A0-20 40 67e. 1 Shopping Cart Ordinance Date Distributed: ii- L--0 Informational Letter Distribution Log Officer Distributing: Business Name Store Contact Info Business Name Store Contact Info and Address Director and Address Director 21 6J 2 22 3 V� �, �,,�,i-� �1 v ea�cy 23 I-givi La M 4 yat q �X- 24 �y�s0 Jar 19�r �s 5 25 6 26 7 27 8 28 9 29 10 30 11 31 12 32 13 33 14 34 15 35 16 36 17 37 18 38 19 39 20 40 Shopping Cart Ordinance Date Distributed:° Informational Letter Distribution Log Officer Distributing: Business Name Store Contact Info Business Name Store Contact Info and Address Director I Ors Si- and Address Director ' 1 Owl 4M1�3- 3 21 2 yy ty'''Ph l�►'r /y 22 3 �`r �'�` ktv-eS 23 10 t t (� 4 S►,1�✓ h.] llYl liryi G 24 9 % V 5 a r -�' � w 25 - tgly 6 0CV wn'r Isrt'LJ' 26 —19 d 11 7 t � i�� ca.Ps1L�1 27 ll 'r see 1po 8 V L'o 6 a 28 9 $l� rLnll�Ac�OS� � 4� 29 k i3tu , 10 Tl-i4: J61 vv✓ 30 11 31 12 32 13 33 14 34 15 35 16 36 17 37 18 38 19 39 :20j- 40 Shopping in Cart Ordinance Date Distributed: ! j�,, Informational Letter Distribution Logy Officer Distributing; f Business Name Store Contact Info Business Name Store Contact Info and Address Director and Address Director 1, "- 21 2 O-U 22 f�91 3 'U 23 4 24 5 �7sa 25 y 26 � ? YyFl-%/-y 27 8Ayz �75-,3� � 28 &S y L aAl 9J 29 Vim`" 10 i✓�S - G� �- y5d 30 31 12 32 1�1"77 AWL s 13 o'�kr. .we � 33 14 34 15 35 16 36 17 37 18 38 19 39 20 40 ATTACHMENT #4 " SHOPPING DINANCER f; 1 PROJECT PROPOSAL ■ Ordinance to amend the Huntington Beach Municipal Code by adding Chapter 5 .80, titled Shopping Cart Containment and Retrieval by Owners ■ Sets forth regulations to ensure shopping carts are either: ■ Contained on the premises, or ■ Promptly retrieved if lost, stolen, or abandoned in the community 2 BACKGROUND ■ Initiated after numerous complaints from residents about shopping carts littering their neighborhood ■ Frequently used to transport items from the store to automobile in parking lot ■ Evolved into being used to transport items to off site destinations. ■ Once destination reached, cart is abandoned 3 BACKGROUND Consequences of abandoned carts : ■ Creation of a nuisance ■ Create potential hazards to public health and safety ■ Interfere with pedestrian and vehicular traffic ■ Wrecked, dismantled, abandoned, or vandalized carts create conditions which: )'w'- Reduce property values ➢ Promote deterioration and blight in neighborhoods 4 BACKGROUND ■ City used to contract with a shopping cart retrieval service: ■ Cost averaged $2,000 to $3,000 per month ■ No effective process to verify monthly billing statements ■ Benefited businesses that did not take the initiative to have a cart retrieval plan ■ City terminated the contract in 2002/03 due to these issues ■ Currently work directly with businesses to retrieve carts 5 SHOPPING CART ORDINANCE VYILL: ■ Provide measures that regulate containment and retrieval of shopping carts city-wide, specifically: ■ Declare lost, stolen or abandoned carts a public nuisance subject to abatement ■ Require all carts have a sign identifying the store name and address, and telephone number for returning carts ■ Require any business providing 10 or more carts to develop a cart containment plan or cart retrieval plan 6 SHOPPING CART ORDINANCE 0 WILL* ■ Allow for two or more businesses from the same center to collaborate and submit a single plan ■ Require businesses that choose to submit a cart retrieval plan to : ■ Assure all public streets within a minimum one mile radius of the business be patrolled at least once every 48 hours, and ■ All bus stops within a minimum one mile radius of the business be patrolled at least once every 24 hours SHOPPING CART ORDINANCE WILL: ■ Make it unlawful for any person to do any of the following: ■ Remove a shopping cart from the premises or parking lot of a business ■ Leave or abandon a shopping cart at a location other than the premises or parking lot ■ Alter, convert, or tamper with shopping cart or remove, obliterate or alter serial numbers ■ Be in possession of any shopping cart while that cart is not located on the premises or parking lot 8 ANALYSIS • The adoption of this ordinance will: ■ Eliminate/reduce the number of lost, stolen, or abandoned shopping carts littering our neighborhoods ■ Place all businesses on the same level in regards to shopping cart retrieval or containment ■ Provide for effective penalties to persons who remove shopping carts from businesses and to businesses who do not adopt a cart retrieval or containment plan 9 STAFF REGOMMENDATION • Adopt Ordinance No. , an ordinance amending the Huntington Beach Municipal Code by adding chapter 5 . 80 titled Shopping Cart Containment and Retrieval by Owners ::ems 10 RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING DEPARTMENT SUBJECT: SHOPPING CART CONTAINMENT AND RETRIEVAL COUNCIL MEETING DATE:' November 20, 2006 },5+. sb'^.ys :. -P`; K.'-*cs %� ,'k4 ff;N"'•,. '", a .veha.a wM.fi Ordinance (w/exhibits & legislative draft if applicable) Attached ® 74 Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (if applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report ('If applicable) Attached ❑ Not Applicable ED Find ings/Cond itions for Approval and/or Denial Attached ❑ Not Applicable l ITUC a, � 51 V IE µ TIN RWARDE Administrative Staff Deputy City Administrator (Initial) ) ( ' City Administrator Initial City Clerk ( ) ,. (Below SpaceFor Only) RCA Author: BZ Albers, Patricia From: Flynn, Joan Sent: Thursday, November 16, 2006 6:10 PM To: Lugar, Robin; Albers,Patricia Subject: Fw:-Shopping Cart Proposed Ordinance For late comm -----Original Message----- From: Zylla, Bill To: Flynn, Joan Sent: Thu Nov 16 10:08:49 2006 Subject: FW: Shopping Cart Proposed Ordinance Joan: Here is an e-mail correspondence I received yesterday regarding the proposed shopping cart ordinance. We are forwarding this to you as a "written" communication on the item. If you have any questions, please contact me. Thanks! Bill Z From: MoSimms@cs.com [mailto:MoSimms@cs.com] Sent: Wednesday, November 15, 2006 11:59 AM To: Zylla, Bill; zzm HBNewsl Cc: 1parton@djmcapital.com; Hess, Scott Subject: Shopping Cart Proposed Ordinance Dear Mr. Zylla: The Shopping Cart proposed Ordinance, at least to the extent that we have seen, is like using a rocket launcher to deal with a fruit fly problem We have been in the retail industry for a very long time. I myself for over 60 years. I own multiple stores in Southern California urban markets. . . . THERE IS NO PROBLEM of the magnitude to result in an Ordinance with this reach. 1. We oppose the passing of this Ordinance. 2. We respectfully request a delay so that those businesses affected can be invited in for a collective meeting to discuss and redraft for reasonable, sensible and goal accomplishing ends; 3. We formally request any log you maintain that tracks the alleged abuses this piece of legislation is supposed to curb. 4. Your notice to us .was insufficient 5. There are less punitive, less costly, more practical, and more financially productive ways to solve this issue. Thank you. Larry Lepson President/Owner PARTY CITY */o