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HomeMy WebLinkAboutORD 1120ORD 1120pT3(퓬0 ORDINANCE NO.1120 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 98, UNATTENDED SHOPPING CARTS" TO THE BALDWIN PARK MUNICIPAL CODE WHEREAS, shopping cars in the public right-of-way obstruct the public right-of-way, ca using pedestrians and persons traveling on bicycles and in vehicles to divert from their course, and thereby risk collision and potential bodily injury and/or property damage; and WHEREAS, as a result of this obstruction, the existence of unattended or unauthorized shopping carts in the public right-of-way constitutes a nuisance which endangers the health and safety of people traveling upon the public rig right-of-way in the City; and WHEREAS, the California Legislature has adopted Government Code Section 38775 which grants to the City the power to prohibit and prevent encroachments upon and obstructions in or to any sidewalk, street, alley, lane, court, or other public place and to provide for the removal of such encroachments and obstructions; and WHEREAS, the City desires to remove unattended shopping carts from the public right-of-way so as to eliminate a dangerous and blighting condition; and WHEREAS, the California Legislature recently adopted certain amendments to State law which preempt to a certain extent city ordinances and fee resolutions regarding impoundment of shopping carts Stats. I 998, C. 291, effective January 1, 1997); and WHEREAS, the City Council desires to adopt the following provisions so as to conform the Baldwin Park Municipal Code to conform to the new requirements of State law. NOW, THEREFORE, the City Council of the City of Baldwin Park, California, hereby ordains as follows: SECTION 1: A new Chapter 98 is hereby added to the Baldwin Park Municipal Code City to read in its entirety' as follows: CHAPTER 98 UNATTENDED SHOPPING CARTS Sec. 98.01 Businesses providing Shopping Carts. Any Business prodding to its customers Shopping Carts as that term is defined in Section 98.02 of this Code shall permanently affix to the Shopping Cart a sign that identifies the Owner of the Shopping Cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the Shopping Cart from the premises; notifies the public that the unauthorized removal of the Shopping Cart from the premises or parking area of the retail establishment, or the unauthorized possession of the Shopping Cart, is a violation of state law; and lists a valid telephone number or address for returning the Shopping Cart removed from the premises or parking area to the Owner or retailer. Sec. 98.02 Z The following definitions shall apply to this chapter: BIB] 37643-U01 ORD-U02 1120-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4282-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1120-U05 FEB-U05 19-U05 1997-U05 ORD 1120pT3(퓬0Ordinance No.1120 Page 2 Shopping Cart" shall mean a non-motorized basket which is mounted on wheels or a similar device generally used in retail establishments by a customer for the purpose of transporting goods of any kind. Public Right-of-way" shall mean any sidewalk, street, alley, lane, court, park, or parkway on public property or other public place within the City of Baldwin Park. Owner" shall mean that person or entity whose name is required to appear on the Shopping Cart as provided in Section 98.01 of this Code. Sec. 98.03 Removal. A. Removal of Shopping Carts With Identification Signs. Any unattended Shopping Cart containing the sign required by Business and Professions Code Section 22435.1 which is located outside the premises or parking area of a retail establishment and within the public right-of-way may be removed by the City or its authorized agent at the Owner's cost if, prior to said removal, the City provides to the Owner or the Owner's agent a minimum of three 3) business days' actual notice of the Shopping Cart's discovery and location. Within forty-eight 48) hours after said removal, the City shall again attempt to notify either the Owner of the Shopping Cart or the Owner's agent, either by telephone or in writing, that the City has removed the unattended Shopping Cart from the public right-of-way and the address at which the Shopping Cart is then located. Any Owner wishing to recover a Shopping Cart removed pursuant to this subsection may' appear during normal business hours at the applicable location and, after paying the fifty dollar $50.00) fine authorized by Business and Professions Code Section 22435.7 sub. 1) the Fine"), if applicable, and the removal and storage fee established by City Council resolution, redeem the Shopping Cart. The Fine shall only be required to be paid if the Owner or the Owner's agent fails to retrieve one or more Shopping Carts within the applicable three 3) day period on three 3) separate occasions within any six 8) month period. B. Removal of Shopping Carts Without Identification Signs. Any unattended Shopping Cart not containing the sign required by Business and Professions Code Section 22435.1 which is located outside the premises or parking area of a retail establishment and within the public rig right-of-way may be immediately removed by the City or its authorized agent at the Owner's cost. Within forty-eight 48) hours of said removal, the City shall attempt to notify the Owner if the identity of the Owner is known), either by telephone or in writing, that the City has removed the Shopping Cart from the public right-of-way and the address at which the Shopping Cart is then located. Any Owner wishing to recover a Shopping Cart removed pursuant to this subsection may appear during normal business hours within thirty 30) days of the date of notice or, if no notice is given because the identity of the Owner is not known, within thirty 30) days after removal) at the applicable location, and after paving the removal and storage fee established by City Council resolution, redeem the Shopping Cart. BIB] 37643-U01 ORD-U02 1120-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4282-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1120-U05 FEB-U05 19-U05 1997-U05 ORD 1120pT3(퓬0Ordinance No.1120 Page 3 C. Removal of Shopping Carts Which impede Emergency Services. Any unattended Shopping Cart located outside the premises or parking area of a retail establishment which impedes emergency services may be removed by the City or its authorized agent from public or private property at the Owner's cost consistent with Section 22435.7(c). Within forty-eight 48) hours of said removal, the City shall attempt to notify the Owner if the identity of the Owner is known), either by telephone or in writing, that the City' has removed the Shopping Cart from the public right-of-way and the address at which the Shopping Cart is then located. Any Owner wishing to recover a Shopping Cart removed pursuant to this subsection may appear during normal business hours within thirty 30) days of the date of notice or, if no notice is given because the identity of the Owner is not known, within thirty 30) days after removal) at the applicable location, and after paying the removal and storage fee established by City' Council resolution, redeem the Shopping Cart. Sec. 98.04 Hearing. Any Owner of a Shopping Cart who has been charged a fee or Fine to redeem a Shopping Cart shall be entitled to obtain a hearing as to whether the fee or Fine has been property charged by providing to the City' Clerk a written request for a hearing within fifteen 15) days of receipt of notice that the Shopping Cart has been removed. The hearing shall be held not later than thirty 30) days from the date of the hearing request and the Owner shall be notified of the time, date, and location of the hearing. The City Manager or his or her designee shall appoint a hearing officer. If the hearing officer determines that the City properly removed the Shopping Cart and the Owner has been charged the appropriate amount, the Owner shall pay all costs associated with the administrative hearing and, If he or she desires to redeem the Shopping Cart, pay any applicable fee and/or Fine. If the hearing officer determines that the Owner has been improperly charged a fee and/or Fine, the Owner shall be entitled to redeem the Shopping Cart at an adjusted fee and/or Fine or at no charge, whichever is applicable. Sec. 98.05 Location of Removed Shopping Carts Any Shopping Cart removed by the City from the public right-of-way pursuant to this Chapter shall be taken to a location which is: 1. Reasonably convenient to the owner of the Shopping Cart; and 2. Open for business at least six 6) hours of each business day. Sec. 98.06 Destruction of removed Shopping Carts. The City shall be permitted to destroy or otherwise dispose of any Shopping Cart removed by the City' from the public right-of-way pursuant to this Chapter in the following circumstances: 1. The Shopping Cart fails to contain a sign or other information that identifies the Owner, and the City is unable to locate the Owner with reasonable diligence; or 2. The Owner of the Shopping Cart or the Owner's agent has failed to reclaim the Shopping Cart from the City within thirty 30) days of receipt of notice that the Shopping Cart was removed by the City. BIB] 37643-U01 ORD-U02 1120-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4282-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1120-U05 FEB-U05 19-U05 1997-U05 ORD 1120pT3(퓬0Ordinance No.1120 Page4 SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrase, or portions of this Ordinance. Any federal or state law in conflict with any section, subsection, sentence, clause, phrase, or portion of this Ordinance shall take precedence over and supersede the conflicting portion(s) of this Ordinance. SECTION 3: The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law. SECTION 4: This ordinance shall become effective on March 19 1997 APPROVED, ADOPTED and SIGNED this I9TH day of February 1997 MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Ordinance No.1120 was regularly introduced and placed upon first reading at a regular meeting of the City Council of the City of Baldwin Park on February 5, 1997. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on February 19,1997 by the following vote: AYES LOZANO MUSE. LOWES AND MAYOR VARGAS NOES NONE ABSENT NONE ABSTAIN: NONE BIB] 37643-U01 ORD-U02 1120-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4282-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1120-U05 FEB-U05 19-U05 1997-U05