Ordinance 17-01ORDINANCE NO. 2017-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EASTVALE, CALIFORNIA, ADDING CHAPTER 6.78 OF TITLE 6
ENTITLED "SHOPPING CARTS" TO EASTVALE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
1. The City Council finds that shopping carts are being removed from retail businesses and
abandoned throughout the City on public and private property, which blight the City of Eastvale, create
safety hazards for pedestrians, create potential safety hazards for motor vehicle operators, increase the
operating costs of retail businesses and cause the City to expend resources unnecessarily by deploying its
employees to retrieve and remove such shopping carts from public and private property. The City Council
also finds that the accumulation of such shopping carts on public and private property diminishes property
values and promotes blight throughout the entire City of Eastvale; and
2. The City Council finds that the conditions created by the removal of shopping carts from
retail business premises and the abandonment of such shopping carts throughout the City of Eastvale
constitute a public nuisance; and
3. The purposes of this Ordinance are to require business owners that provide shopping
carts to their customers to maintain such shopping carts on their business premises, to require business
owners to prevent persons from removing such shopping carts from their business premises, to make it
unlawful for any person to remove such shopping carts from any business premises, to make it unlawful
for any person to abandon such shopping carts onto any public or private property, and to reduce the cost
of retrieving such shopping carts from public and private property to business owners and the City of
Eastvale; and
4. Although Business and Professions Code §§ 22435 et. seq. occupy the field of the
retrieval by local government agencies of shopping carts, § 22435.8 does not invalidate an ordinance
of, or be construed to prohibit the adoption of an ordinance by a city which ordinance regulates or
prohibits the removal of shopping carts from the premises or parking area of a retail establishment
except to the extent any provision of such an ordinance expressly conflicts with any provision of the
provisions of §§ 22435 et. seq.
SECTION 2. CHAPTER 6.78 OF TITLE 6, BUSINESS REGULATIONS, IS
ADDED TO THE EASTVALE MUNICIPAL CODE TO READ AS FOLLOWS:
"SHOPPING CARTS"
Sections:
6.78.010
Definitions
6.78.020
Administration and Enforcement
6.78.030
Shopping Cart Containment and Retrieval Plan
6.78.040
Plan Submission and Approval
6.78.050
Penalties for Failing to Submit or Implement a Plan
6.78.060
Unauthorized Removal or Possession
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6.78.070 Abandoned Shopping Carts --Abatement, Removal and Storage
6.78.080 Shopping Cart Violations—Misdemeanor
6.78.090 Chapter not Exclusive
6.78.010 Definitions.
noted:
The following words and phrases shall have the meanings ascribed to them unless otherwise
"Abandoned shopping cart" means a shopping cart located outside the premises or parking lot or
facility of the business establishment which furnishes the shopping cart for use by its patrons.
"Code Enforcement Officer" means an Officer of the City of Eastvale Code Enforcement
Department or his or her designee.
"Planning Director" means the Planning Director of the City of Eastvale or his or her designee.
"Shopping cart" means any basket of any size, mounted on wheels or a similar device, including
parts thereof, provided by a store operator for the purpose of transporting goods of any kind
within a business establishment or designated parking or loading area of that business
establishment.
"Shopping cart owner" means the owner of the shopping cart, the agent of the owner of the
shopping cart, including individuals or business entities, or the business or retail establishment
which furnishes the shopping cart for use.
"Store premises" or "retail establishment" means the lot area, maintained and managed by the
business, that may include the building, parking lot and adjacent walkways, and where the
business' shopping carts are permitted.
6.70.020 Administration and Enforcement.
Except as otherwise provided in this Chapter, the provisions of this Chapter shall be administered
and enforced by the Code Enforcement Officer, Planning Director and Police Department of the City. In
enforcing the provisions of this Chapter, employees of the aforementioned departments may enter onto
public property to examine a shopping cart or parts thereof, or to obtain information as to the identity of a
shopping cart owner, and to remove, or cause the removal of a shopping cart, or parts thereof, declared to
be a nuisance pursuant to this Chapter.
6.70.030 Shopping Cart Containment and Retrieval 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 Planning Department in coordination with the City
Code Enforcement Department to prevent customers from removing shopping carts from the premises of
such business without authorization of the owner and to provide for the retrieval of removed or
abandoned shopping carts which have been removed from the premises of the retail establishment (the
"Plan"), and shall demonstrate compliance with all other purposes and provisions of this Chapter. The
Plan, at a minimum, shall include the following elements:
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(a) Owner information. The name of the owner; the physical address where the retail establishment is
conducted; and the name, address, and telephone number(s) of the owner and all on-site managers,
including any changes of such persons.
(b) Shopping Cart inventory. The number of shopping carts to be used or located on the premises.
(c) Signs affixed to shopping carts. Every shopping cart made available for use by customers shall have a
sign permanently affixed to it that identifies the owner of the shopping cart; notifies the public that the
unauthorized removal of the cart from the premises of the retail establishment, or the unauthorized
possession of the cart, is a violation of state law, and lists a valid telephone number and address for
returning the shopping cart removed from the premises to the owner.
(d) Notice to customers. All business owners shall post a sign not less than eighteen (l 8) inches in width
and twenty-four (24) inches in height with block lettering not less than one-half (112) inch in width and
two (2) inches in height in a conspicuous place on the building within two (2) feet of all customer
entrances and exits stating, at a minimum, the following:
REMOVAL OF SHOPPING CARTS FROM THE PREMISES IS
PROHIBITED BY LAW. B & P Code Section 22435.2
(e) Prevention measures. A description of the specific measures that the business owner will implement
to prevent removal of any cart from the business premises. Such measures may include, but are not
limited to, electronic or other disabling devices on any cart so they cannot be removed from the business
premises; management practices; use of courtesy clerks to accompany customers and return shopping
carts to the inside of the business premises; use of security personnel to prevent removal; security deposits
for cart usage; and other demonstrably effective measures acceptable to the City that are likely to prevent
removal of shopping carts from the business premises.
(f) New development requirements. New developments and businesses of over 5,000 square feet in area
and having more than ten (10) shopping carts shall be required as a condition of approval to install a
wheel lock containment system, or similar device, to the satisfaction of the Code Enforcement Officer and
Planning Director prior to the issuance of a certificate of occupancy for the facility.
(g) Mandatory shopping cart retrieval operations. The procedure by which the business owner or
qualified shopping cart retrieval service will search, find and return shopping carts removed from the
business premises. The cart retrieval operation must demonstrate that shopping carts will be actively
located within one mile of the business premises and respond to complaints from the public or
notifications from City enforcement personnel in a manner which results in the retrieval of shopping carts
within 24 hours of receiving the notification. If a business owner contracts with a cart retrieval service,
the retrieval service must have a City business registration certificate and shall not place limits on daily
loads or days per week to retrieve shopping carts within the City. 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 estabiishment 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.
(h) 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
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requirements of the plan and the provisions of state law prohibiting the unauthorized removal of shopping
carts from the premises of the retail establishment. The plan shall expressly describe the employee
training program.
(i) Daily shopping 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 in the shopping cart confinement area, as designated in the approved 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 shopping 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, as designated in approved plan, at least once per calendar day between the hours of
9:00 p.m. and 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.
0) 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 plan.
(k) Additional information. Any other information deemed appropriate by the Planning Director to insure
compliance with this Chapter and specified within the plan application.
(1) Exemptions. The requirements of this Section 6.78.030 shall not apply to any retail establishment
which provides a total of ten (10) or fewer shopping carts for use by customers of such business.
6.78.040 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 with the City, shall
submit a proposed Plan complying with the requirements of Section 6.78.030 to the Code Enforcement
Officer and Planning Director, and obtain approval thereof by the City, prior to the issuance of a business
license or certificate of occupancy, whichever occurs first. Each proposed Plan shall be accompanied by a
processing and inspection fee in an amount as set by resolution of the City Council. No proposed Plan
shall be accepted for filing and processing by the Planning Director unless accompanied by the 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 6.78.030 to the
Code Enforcement Officer and Planning Director within 60 calendar days following the date of adoption
of this Chapter. Each proposed plan shall be accompanied by a processing and inspection fee in an
amount as set by resolution of the City Council. No proposed plan shall be accepted for filing and
processing by the Code Enforcement Officer and Planning Director unless accompanied by the fee as
established by the City Council.
(c) Plan review and approval.
(1) Upon the filing of any proposed Plan pursuant to 6.78.030 and receipt of the required
applicable processing fee, the Code Enforcement Officer and Planning Director shall review the proposed
plan and either approve, revise or deny the proposed plan within 30 calendar days following the receipt
thereof by the community development director.
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(2) If approved, the plan shall be implemented no later than 30 days from the date of notification
to the owner of the approval. An inspection by enforcement personnel shall be made of the premises to
confirm compliance at the conclusion of the 30 -day period.
(3) The decision of the Code Enforcement Officer and Planning Director shall be made in writing
and notice thereof shall be transmitted to the owner of the retail establishment by first-class mail, or by
personal delivery. 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.
(4) The Code Enforcement Officer and Planning Director may deny a plan based upon any of the
following grounds:
a. Implementation of the plan would violate provisions of the building, zoning, health, safety, fire,
police or other municipal codes, or any county, state, or federal law that substantially affects
public health, welfare or safety;
b. The plan fails to include all the information required by this Chapter;
c. The plan is insufficient or inadequate to prevent removal of carts from the owner's premises;
d. The plan fails to address any special or unique conditions, due to the geographical location of
the premises, as they relate to cart retention and prevention efforts;
e. Implementation of the plan would violate a term or condition of another City policy or
requirement of this Code;
f. The owner has knowingly made a false statement of fact, or omits a fact required to be revealed
in an application for a plan, or in any addendum or report or other information required to be
provided regarding the plan.
(5) If the Plan is rejected as incomplete or inadequate, the Code Enforcement Officer and
Planning Director shall indicate the areas of incompleteness or inadequacy, and the owner shall have an
additional fifteen (15) days in which to resubmit a corrected plan.
(d) Plan modification. At any time subsequent to the Code Enforcement Officer and Planning Director's
approval of a plan, the owner may request a modification of a previously approved plan to address a
change in circumstances, an unanticipated physical or economic impact of the plan, or a need to modify
an ineffective plan. 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 Code Enforcement Officer and Planning Director unless accompanied by the processing
fee as established by the City Council.
(e) Annual renewal. Every owner that is subject to the provisions of this Chapter shall annually update the
Plan on file with the Code Enforcement Officer and Planning Director, on or before the annual renewal of
the retail establishments' business registration. The update shall include any changes, additions or
modifications to the plan; or a declaration that the information contained in the plan is still accurate and in
full force and effect. Retail establishments that have installed a physical containment system, (such as
wheel locks or similar electronic devices), that has been found to prevent the removal of carts from the
premises and subsequently being abandoned on public and private property, will require renewal of the
plan once every three (3) years.
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6.78.050 Penalties for Failing to Submit or Implement a plan.
Any owner that fails to submit a Plan; implement the proposed plan measures, or implement any
required modifications to the Plan by the City within the time frames specified in this Chapter shall be
subject to enforcement proceedings and penalties pursuant to 1.01.200 et seq. of this Municipal Code.
6.78.060 Unauthorized Removal or Possession.
Procedures related to removal and possession of any shopping cants shall be pursuant to Business
and Professions Code; §§ 22435.2--22435.5.
6.78.070 Abandoned Shopping Carts --Abatement, Removal and Storage.
A. Procedures related to authorization for abatement, removal and storage of abandoned shopping
carts shall be pursuant to Business and Professions Code, Section 22435.7.
B. The administrative fees for the removal and storage of shopping carts shall be established or
modified by resolution of the City Council and shall include the actual cost of removal and
storage of any shopping cart, or parts thereof, plus the proportionate share of administrative costs
in connection therewith. The schedule for such fees shall remain on file and be available in the
finance department of the City. The Code Enforcement Officer shall review the fees charged for
such service at least once annually, and may, with the approval of the City manager, recommend
changes to the Council when the costs for such services make it appropriate.
6.78.080 Shopping Cart Violations—Misdemeanor.
Notwithstanding the provisions of Section 1.01.200 of this Code, whenever in this Chapter, any
act is prohibited or declared unlawful or the doing of any act is required, or the failure to do any act is
declared tope unlawful, it shall be a misdemeanor pursuant to Business and Professions Code § 224353.
6.78.080 Chapter not Exclusive.
This Chapter is not to be construed as the exclusive regulation of wrecked, dismantled or
abandoned shopping carts within the City. It shall supplement and be in addition to other regulatory
nodes, statutes and ordinances heretofore or hereafter enacted by the City, state or any other legal entity or
agency having jurisdiction.
SECTION 3. EFFECTIVE DATE: This Ordinance shall become effective 30 days from the
date of its adoption.
PASSED, APPROVED AND ADOPTED this 22nd day 41 arch, 2017.
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Approved as to form: ft
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John F� avanaugli, Crory Attorney'
100009-4 DOC G21
Jos 1 ` essari, Mayor
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Steven D. Agu h. r,' A-sistah1'City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I. Steven D. Aguilar, Assistant City Clerk of the City of Eastvale. do hereby certify that the
foregoing Ordinance Number 2017-01 was introduced at a regular meeting of the City Council of
the City of Eastvale held on the 8th day of March. 2017. and was adopted by the City Council of
the City of Eastvale at a regular meeting held the 22nd day of March, 2017, by the following
vote:
AYES: Council Members Rush, Plott, Rigby, Mayor Pro Tem Lorimore, Mayor Tessari
NOES: None
ABSENT: None
ABSTAIN: None
Steven D. A.gai'ar, A ssistWlt -k-ity Clerk
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