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HomeMy WebLinkAboutORD 1314ORD 1314Ä—ÀHÄ—@¸—DƒÍ«ORDINANCE NO. 1314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 98.02 OF AND ADDING SECTIONS 98.07 and 98.08 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO SHOPPING CART CONTAINMENT APPLICANT: CITY OF BALDWIN PARK) WHEREAS, the City Council has expressed concern regarding the continued problem of abandoned shopping carts in the city; and WHEREAS, shopping carts are routinely abandoned on the streets and sidewalks of the City and more abandoned shopping carts are being retrieved annually from the City's street and sidewalks; and WHEREAS, the presence of abandoned shopping carts is found to be a public nuisance and contributes to a decline in the quality of life; and WHEREAS, the abundance of abandoned shopping carts on the City's streets and sidewalks encourages crime, tends to reduce property values and is a blight on the community; and WHEREAS, abandoned shopping carts also obstruct pedestrian access along City streets, sidewalks and parking lots and interfere with the pedestrian and vehicular traffic on streets; and in some cases these abandoned carts also impede emergency services; and WHEREAS, existing City ordinances which contain mechanisms permitted by State law to deal with abandoned shopping carts once they are off the premises of the owner are not adequate to address the problems created by such shopping carts; and WHEREAS, the City Council finds that the standards set forth in this ordinance are necessary to protect the public safety and welfare of the residents of the City of Baldwin Park; NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. Section 98.02 of the Baldwin Park Municipal Code, DEFINITIONS", is hereby amended by adding the following definitions in alphabetical order: BUSINESS PREMISES. The entirety of a commercial site upon which a cart provider conducts a commercial establishment, including, but not limited to, the interior of the cart provider's commercial establishment, adjacent walkways, any associated loading and parking areas provided on that site or provided on private property in conjunction with the commercial establishment. BIB] 39597-U01 ORD-U02 1314-U02 LI2-U03 FO8535-U03 FO117548-U03 DO117551-U03 C5-U03 ORDINANCES-U03 5/28/2008-U04 ROBIN-U04 ORD 1314Ä—ÀHÄ—@¸—DƒÍ«Ordinance 1314 Page 2 CART PROVIDER. The owner or operator of a business premises who provides carts for use by its customers for the purpose of transporting goods of any kind. PHYSICAL CONTAINMENT SYSTEM. Disabling devices on all shopping carts, which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the shopping carts off the business premises. SECTION 2. Section 98.07 PHYSICAL CONTAINMENT SYSTEM" and Section 98.08 PHASED ENFORCEMENT" are hereby added to the Baldwin Park Municipal Code to read as follows: 98.07 PHYSICAL CONTAINMENT SYSTEM Every cart provider shall install a physical containment system to the reasonable satisfaction of the Director of Community Development or his/her designee. 98.08 PHASED ENFORCEMENT A. Installation of the physical containment system required by Section 98.07 shall be completed prior to the issuance of a business license to any cart provider for any business opened after March 7, 2008 the Compliance Date"). B. For each cart provider whose business is legally in operation before the Compliance Date, an additional 6-month grace period will be provided to allow the cart provider time to evaluate its own rates of cart loss and to secure and install an appropriate containment system. Any such cart provider who has not installed a physical containment system at the conclusion of the 6-month period shall be in violation of Section 98.07. An extension may be given at the discretion of the city's Chief Executive Officer. SECTION 3. This ordinance shall go into affect and be in full force and operation from and after thirty 30) days after its final reading and adoption. SECTION 4. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in a manner prescribed by law. APPROVED, and ADOPTED this 6th day of Februry, 200 BIB] 39597-U01 ORD-U02 1314-U02 LI2-U03 FO8535-U03 FO117548-U03 DO117551-U03 C5-U03 ORDINANCES-U03 5/28/2008-U04 ROBIN-U04 ORD 1314Ä—ÀHÄ—@¸—DƒÍ«Ordinance 1314 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS Á]{·BS ss: CITY OF BALDWIN PARK I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk of the CityZWz¹fldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and V}]žc upon its first reading at a regular meeting of the City Council on January 9, 2008. Thatlîz[‰b after said Ordinance No. 1314 was duly approved and adopted at a regular meeting of the ©Q`GÛDouncil oo February 6, 2008 by the following vote: AYES: COUNCIL MEMBERS: Marlen Garcia, M[èx]š'Garcia, Ricardo Pacheco, Mayor Pro Tern Anthony J. Bejarano, and Mayor Manuel LoŽìQö NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COON I"EMBERS: NONE ¦ÂB{¶FI M" GUTRREZ CHIEF DEPUTY CITY CLERK BIB] 39597-U01 ORD-U02 1314-U02 LI2-U03 ºl¦È2-U03 FO117548-U03 DO117551-U03 C5-U03 ORDINANCES-U03 5/28/2008-U04 ROBIN-U04