HomeMy WebLinkAbout50A - SHOPPING CARTS
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
REQUEST FOR
COUNCIL ACTION
SEPTEMBER 18, 2006
TITLE:
ADOPT AN ORDINANCE ADDING ARTICLE
IX TO CHAPTER 33 OF THE SANTA ANA
MUNICIPAL CODE RELATING TO
SHOPPING CART CONTAINMENT AND
RETRIEVAL
APPROVED
o As Recommended
o As Amended
o Ordinance on 15t Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
~~~
CONTINUED TO
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CITY MANAGER
FILE NUMBER
RECOMMENDED ACTION
Adopt an ordinance of the City of Santa Ana adding Article IX to Chapter
33 of the Santa Ana Municipal Code relating to shopping cart containment
and retrieval.
DISCUSSION
In recent years, the number of abandoned shopping carts observed along
the residential and commercial streets of Santa Ana has increased
significantly. Residents express concern that abandoned carts are being
left on public and private property in such proportions so as to cause
neighborhood blight, obstructions to pedestrians including disabled
persons when carts are abandoned on and block sidewalks and safety
hazards to motorists when carts are abandoned in the public right of way.
The proliferation of lost, stolen, wrecked or abandoned shopping carts on
can create conditions that reduce property values, and promote blight and
deterioration of the city neighborhoods, tending to lead to increases in
crime. Additionally, they have been found in local storm drains trapping
debris and trash and creating flooding hazards.
Given the growth of this problem, the Neighborhood Improvement/Code
Enforcement Council Committee (NICE) began a comprehensive review in the
Fall of 2005 in an effort to find solutions. The NICE Committee
concluded its principal review in July 2006, after conducting numerous
public meetings and considering testimony from residents, representatives
of the California Grocers Association, neighborhood organizations and
individual businesses operating in Santa Ana.
Additionally, at these hearings City staff presented and detailed
discussions ensued regarding surveys of approaches used in other
50A-1
Shopping Cart Containment
and Retrieval Ordinance
September 18, 2006
Page 2
communities such as Glendale, Buena Park, and Long Beach, as well as a
review of applicable state law. Further, City staff presented survey
data regarding all businesses in Santa Ana that use shopping carts.
Derived from interviews of the store representatives, these data
included: the number of carts they use; a merchant-provided estimate of
how many carts are removed each day; a review of the merchants current
containment system; and, a review of the merchants current retrieval
system for carts that are taken off-site.
After the survey data was compiled and analyzed, a series of
informational meetings occurred. The first was with a representative of
the California Grocer's Association. Containment and retrieval were the
primary discussion issues and the representative was advised that new
regulations would shortly be proposed. A second meeting was held with
representatives of affected merchants in Santa Ana to discuss the
problem. Additionally, a special NICE Committee meeting was held to
further consider the input of merchants, the California Grocer's
Association and neighborhood representatives, as well as to discuss
potential approaches to address the problem. This meeting was attended
by a number of merchants and residents. The extent of the abandoned
shopping cart problem throughout the City was discussed and several
options were presented. The residents claimed the present retrieval
system was ineffective and abandoned carts were left in their
neighborhoods for days. The merchants expressed concern regarding the
cost of complying with the proposed regulations, the impact on their
business of an effective containment system and potential legal issues
associated with preventing individuals from removing carts from their
store property. Notwi thstanding these concerns, the merchants agreed
with the nature of the problem and expressed an interest in participating
in its solution, including complying with the type of regulations that
had been discussed.
In response to NICE Committee direction, City staff presented to the City
Council at its August 21, 2006, meeting an overview of the problem,
public comments that had been considered and the Committee's recommended
approach. In brief, this approach was to focus on containment of
shopping carts.
The ordinance as presently proposed will have five specific elements:
· All shopping carts must have the name of the business permanently on
the cart. It will be illegal to use an unmarked cart.
. All businesses must submit and have approved a plan for containment
of the carts on their premises, either fully wi thin the store or
restricted to the parking areas.
50A-2
Shopping Cart Containment
and Retrieval Ordinance
September 18, 2006
Page 3
· All businesses must submit and have approved a plan for scheduled
retrieval of carts removed from their premises. The retrieval plan
will require submission of scheduled pick-up routes, the
contractor's name and contact number.
· The ordinance will require all new businesses that intend to utilize
shopping carts to submit and have approved a containment and
retrieval plan.
· All businesses must prepare and implement an educational plan for
their customers to include prominent signage within the business and
on each individual cart.
Enforcement of the proposed regulations will be comprehensive and city-
wide, including all appropriate city agencies, particularly the Planning
and Building Agency, the Public Works Agency and the Police Department.
Once the ordinance is adopted, existing businesses will be given a
schedule for submittal of plans so that all plans will be submitted by
March 1, 2007. However, the requirements for posting of signs at stores
and marking of shopping carts will have to met by all businesses within
90 days. Annual reports must be filed reporting on the effectiveness of
the plans, and the plans must be revised and updated every 5 years or
when there is a substantive change in the business or the premises.
FISCAL IMPACT
There is no fiscal impact associated with this action, in that fees will
be established to offset the costs of program administration.
.;ra M. Trevino
ecutive Director
Planning & Building Agency
KA:rb
rb\reports\Shopping Cart Containment Ord,cc
50A-3
Jf/bk 09/15/06
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADDING ARTICLE IX TO
CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE
RELATING TO SHOPPING CART CONTAINMENT
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Shopping carts are routinely abandoned on the streets and sidewalks of
the City. Data collected by the City indicates that perhaps as many as
100,000 or more abandoned shopping carts are being retrieved annually
from the City's streets and sidewalks.
B. While shopping carts are an important amenity to customers of many
business establishments, and the removal of these carts are damaging to
the business, the presence of these abandoned carts on the City's streets
and sidewalks is found to be a public nuisance.
C. These abandoned shopping carts are a prime illustration of the "broken
window theory" (e.g., Kelling and Coles. "Fixing Broken Windows:
Restoring Order and Reducing Crime in Our Communities"). As such, the
abundance of abandoned shopping carts on the city's streets and
sidewalks encourages additional crime and anti-social behavior. The also
tend to reduce property values and are a blight on the community.
Communities from Seattle to Lodi to San Bernardino have all identified
abandoned shopping carts as constituting classic instances of the broken
window theory.
D. Abandoned shopping carts also, as public testimony and the photos
presented to the City Council amply demonstrate, obstruct the free
passage of persons along public and private streets, sidewalks, parking
lots and other rights of way and/or interfere with pedestrian and vehicular
traffic on streets;
E. By blocking the City's streets and sidewalks, abandoned shopping carts
also impede emergency service needed to save lives.
Ordinance No, NS-XXX
Page 1 of 13
50A-4
F. Abandoned shopping carts also clog storm drain channels reducing their
ability to function properly, by trapping debris and trash and thereby
creating flooding hazards. Carts in the storm drains, if not removed
, promptly by the City, could well constitute violation of the City's waste
discharge requirements, and subject the City to tens of thousands of
dollars per day in administrative fines levied by the Regional Water Quality
Control District.
G. The City currently spends over $80,000 per year to retrieve abandoned
shopping carts. As the industry itself has testified to this City Council, it is
appropriate that regulatory measures be taken to reduce the burden on
the City's taxpayers and provide for those businesses that use shopping
carts to take a greater hand in controlling this problem by making efforts to
contain shopping carts used by their customers on their premises.
H. The staff reports and oral testimony before the Neighborhood
Improvement/Code Enforcement Committee (NI/CE) on June 28, 2005,
July 26, 2005, August 23, 2005, October 25, 2005, January 24, 2006,
June 27, 2006, and July 31, 2006, shall by this reference be incorporated
herein, and together with this ordinance, any amendments or supplements
and the oral testimony before the City Council, shall constitute necessary
findings for this ordinance.
I. The Request for Council Action for this ordinance dated September 18,
2006, shall by this reference be incorporated herein, and together with this
ordinance, any amendments or supplements and the oral testimony before
the City Council at this meeting as well the City Council meeting on
August 21, 2006 in which a work study session was held on the
Proposed Shopping Cart Regulations, shall additionally constitute the
necessary findings for this ordinance.
J. The City Council has considered all of the written and oral testimony
offered concerning whether to adopt this ordinance.
K. Based upon this record the City Council finds that the standards set forth
in this ordinance, and each of them, are necessary to protect the public
safety and welfare of the residents of the City of Santa Ana associated
with shopping carts.
L. The police power regulations, such as those employed in this ordinance,
are legitimate, reasonable means of accountability to help protect the
public safety and welfare of the residents of the City of Santa Ana
Section 2. Article IX is added to Chapter 33 of the Santa Ana Municipal Code
to read in full as follows:
Ordinance No, NS-XXX
Page 2 of 13
50A-5
Article IX - Shopping Cart Regulations
Sec. 33-210.
Definitions.
The definitions set forth in this part shall govern the application and interpretation
of this article.
(a) "Abandoned shopping cart" means any shopping cart that has been
removed, without written consent of the owner, from the owner's business premises and
is left unattended or discarded on either public or private property other than the
premises of the business establishment from which the shopping cart was removed.
For purposes of this article, any shopping cart which is properly identified as required by
this article, located on any public or private property other than the premises of the retail
business establishment from which such shopping cart was removed, shall be
presumed to be abandoned, even if in the possession of any person unless such person
in possession is either (1) the owner, employee or agent of the owner, (2) the owner,
employee or agent of a shopping cart retrieval service hired to retrieve shopping carts
from the City, or (3) has written permission or consent to be in possession of the
shopping cart from the shopping cart's owner.
(b) "Shopping cart control plan" means a document submitted by the owner of
the shopping cart pursuant to section 33-216 of this article.
(c) "Agent" means the person or persons designated in the shopping cart
control plan who the owner of the shopping cart authorizes as the person(s) to perform
or provide retrieval services on behalf of the owner. The agent may be the owner if so
designated in the city approved shopping cart control plan.
(d) "Shopping cart" means a basket which is mounted on wheels or a similar
device generally used in a retail or commercial establishment by a customer for the
purpose of transporting goods of any kind. The word "shopping cart" includes laundry
carts, which are shopping carts used in a laundromat or retail dry-cleaning
establishment by a customer or attendant for the purpose of transporting textile goods.
(e) "Director" means the executive director of planning and building for the City
of Santa Ana, or such other director or officer designated by the city manager to
administer this article.
(f) "Owner" means any person or entity, who in connection with the conduct
of a business, owns, leases, possesses or makes a shopping cart available to
customers or the public. For the purposes of this article, owner shall also include the
owner's agent.
(g) "Plan" means the approved mandatory shopping cart control plan required
by this article.
Ordinance No. NS-XXX
Page 3 of 13
50A-6
(h) "Premises" means the entire area owned, occupied, and/or utilized by an
owner which provides shopping carts for use by customers or other persons, including
any parking lot or other property provided by or on behalf of the owner for customer
parking or use.
Sec. 33-211. Findings and purpose.
(a) Many retail establishments provide shopping carts for the convenience of
customers while shopping on the establishment's premises. However, shopping carts
removed from the premises of these establishments 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, wrecked or
abandoned shopping carts on public and private property:
(1) Create conditions that reduce property values, and promote blight and
deterioration of the city neighborhoods, tending to lead to declining
property values and increases in crime;
(2) Obstruct the free passage along public and private streets, sidewalks,
parking lots and other rights of way and/or interfere with pedestrian and
vehicular traffic on streets;
(3) Impede emergency service; and
(4) Clog storm drain channels reducing their ability to function properly, by
trapping debris and trash and thereby creating flooding hazards, and
constitute violation of the City's waste discharge requirements.
(b) For the above-referenced reasons, such lost, stolen, wrecked or
abandoned shopping carts are hereby declared to be a public nuisance, which shall be
subject to abatement in the manner set forth in this article or in any other manner
provided by law.
(c) The purpose of this article is to set forth regulations to ensure that
reasonable measures are taken by owners of businesses which provide shopping carts
on their premises for the convenience of their customers to prevent the removal of
shopping carts from business premises and parking lots, and, when removed despite
the owner's implementation of its control pan, to provide for the prompt retrieval of such
shopping carts.
(d) The purpose and intent of this article is additionally to ensure that
measures are taken by owners to prevent the removal of shopping carts from a
business premises, to make removal of shopping carts a violation of the law, and to
facilitate the retrieval of abandoned shopping carts in a manner that supplements and
complements state law, but is not preempted with state law.
Ordinance No. NS-XXX
Page 4 of 13
50A-7
Sec. 33-212.
Appl icabi I ity /Proh i bition
(a) This article shall apply to all owners of business establishments or other
commercial services within the City of Santa Ana that provide more than five (5)
shopping carts for customer use.
(b) It shall be unlawful for an owner and/or owner's agent to cause or permit
any shopping cart to be abandoned upon any sidewalk, street or other public place in
the City of Santa Ana or upon any private property other than the premises owner of
such shopping cart.
Sec. 33-213.
Shopping cart identification required
(a) Every shopping cart owned or provided by any owner must have a sign
permanently affixed to the shopping cart that contains all of the following information:
(1) Identity of owner, or owner's business establishment, or both;
(2) The address of the owner of the business establishment for shopping cart
return and a phone number at which a person may contact the owner to
retrieve the shopping cart; and,
(3) Notification to the public that the removal of the shopping cart from the
premises is a violation of state and local law.
(b) Any shopping cart found abandoned that does not have the identification
and information required by this section may be removed and disposed of by the city in
accordance with state law.
(c) No owner shall provide any shopping cart for customer use that does not
contain the signage required by this section.
Sec. 33-214.
Premises signage.
Signs shall be placed and maintained on the premises, at all customer store
entrances and exits, and in the parking area, warning customers that removal of
shopping carts from the premises is a prohibited by state and local law. Any and all
posting of signs shall comply with the provisions of the Code, except that the number
and placement of such signs shall be in excess of those limits found in Chapter 41
hereof.
Sec. 33-215.
Unauthorized removal prohibited.
It shall be unlawful for any person, either temporarily or permanently, to remove
a shopping cart from a premises or be in possession of a shopping cart that has been
removed from a premises which is properly marked in conformity with this article without
Ordinance No. NS-XXX
Page 5 of 13
50A-8
the written consent of the owner. This section shall not apply to shopping carts removed
as authorized by the owner for the purposes of repair, maintenance or disposal.
Sec. 33-216.
Mandatory shopping cart control plan.
(a) Every owner subject to this article shall prepare, submit, implement and
comply with the terms and conditions of a shopping cart control plan to prevent the
unauthorized removal of any shopping cart from the owner's premises and, if removed,
retrieval of the shopping cart within time periods set forth in subsection (b)(8), below.
The focus of the plan shall be on means to confine shopping carts to the owner's
premises.
(b) The shopping cart control plan shall be designed to effectively prevent the
removal of all shopping carts from the premises. The owner shall have the obligation to
provide demonstrable evidence to the director that the elements proposed will be
effective. The plan shall include the following elements.
(1) Sign affixed to cart. Every shopping cart shall have a sign permanently
affixed to it fully compliant with the requirements of section 33-213 of this
article.
(2) Premises signage. Signs shall be placed and maintained on the
premises, as required by section 33-214.
(3) Shopping cart inventory. The plan shall include a complete list of all
shopping carts maintained on or in the premises.
(4) Community education plan. A description of a community education and
outreach program to be carried out by the owner that will effectively inform
customers that the removal of shopping carts from the premises is
prohibited and is a violation of state and local law. This program may
include, but is not limited to, flyers distributed at the premises, warnings on
shopping bags, supplemental signage, direct mail, announcements using
intercom systems at the premises, web site or other means demonstrated
to be effective to the reasonable satisfaction of the director.
(5) Shopping cart identification. Signs and shopping cart identification
requirements which conform to state and local law.
(6) Shopping cart containment plan. The plan shall describe the specific
measures that the owner shall implement to prevent shopping cart from
being removed from the premises. These measures may include, but are
not limited to:
(i)
electronic or other disabling devices on the shopping carts
so they can not be removed from the premises; or,
Ordinance No. NS-XXX
Page 6 of 13
50A-9
(ii) bollards, chains or other physical barrier to prevent
transporting shopping carts out of the store or off the
premises; and/or,
(iii) effective management practices including use of
(A) courtesy clerks to accompany customers and return the
shopping carts to the store, (B) security personnel assigned
the responsibility to prevent removal; (C) or other measures
acceptable to the director that the owner can demonstrate
will effectively prevent shopping cart to be removed from the
premises.
Where physical improvements such as (i) and (ii) above are not proposed,
the plan shall include justification for such omission.
(7) Employee training. The plan shall include a description of an annual
ongoing employee training program that shall be implemented by the
owner designed to educate new and existing employees on the shopping
cart control plan and conditions contained therein.
(8) Mandatory shopping cart retrieval element. The plan shall include
provisions for retrieval of abandoned shopping carts. The plan shall
ensure that all of owner's shopping care removed from the premises shall
be recovered within 24 hours, or in the case of shopping carts abandoned
at or around a bus stop, within 12 hours.
The retrieval element shall identify the streets and bus stops which shall
be patrolled; the manner, frequency and times of such patrols; and the
procedures to be employed by the owner to retrieve abandoned shopping
carts, including but not limited to the number of trucks and hours of
operation of retrieval activities. In addition, the retrieval element shall
detail a telephone notification program, whereby persons may notify the
owner of an abandoned shopping cart and request retrieval of any
shopping cart properly identified as belonging to the owner; and provide
that each vehicle used to retrieve shopping carts shall bear conspicuous
signs identifying the name of the owner or the retail business name and, if
applicable, the name of the contract shopping cart retrieval service.
(9) Daily cart confinement. A plan for storing shopping carts during non-
business hours, for any business which is not open 24 hours per day, to
prevent theft when closed.
(10) Collaboration with other businesses. Two or more retail establishments
located within the same shopping or retail center or sharing a common
Ordinance No. NS-XXX
Page 7 of 13
50A-1 0
parking area may collaborate and submit a single shopping cart control
plan.
(11) Monthly reports. The owner shall provide a written report to the director
specifying the number of abandoned shopping carts retrieved on the
owner's behalf during the preceding calendar month. The report may be
provided by an owner's contract shopping cart retrieval service
Sec. 33-217. Fees.
Every owner subject to this article shall submit with its initial proposed plan and
thereafter annually with its annual report a fee in the amount set forth by resolution of
the city council adopted from time to time. The fee shall not exceed the city's
reasonable cost to administer and manage the activities mandated by this article, and
shall not include the City's cost of retrieving shopping carts, except as provided for in
Business and Professions Code section.
Sec. 33-218.
Plan approval or denial and penalties.
(a) Upon this article becoming effective, all owners shall submit a shopping
cart control plan in compliance with section 33-216 to the director. For the initial plans,
the director shall establish a schedule for approval of plans. The director shall give
written notice to each owner of its deadline for submittal of a plan, provided that all
plans must be submitted no later than March 1, 2007. The schedule shall provide at
least 60 days from notice to submit a plan. The director may approve or deny the
proposed plan and shall notify the owner of such decision. If approved, the shopping
cart control plan shall be implemented by the owner no later than time specified in the
approval, which shall not be thirty (30) days less than the date of the director's notice.
(b) Notwithstanding the foregoing, the obligations imposed by this article in
sections 33-213 and 33-214 shall be fully implemented no later than ninety (90) days
from the effective date of this article.
(c) Thereafter, each owner must amend or update its plan at the earlier of (i)
any substantial modification of an owner's business or premises that would adversely
affect an approved plan or (ii) on the fifth (5th) anniversary of approval of its initial plan,
and each fifth (5th) year thereafter. All new businesses established after January 1,
2007 must file a plan prior to issuance of a business license for that new business.
(d) The director may deny a plan based upon any of the following grounds:
(1) Implementation of the plan violates any provision of the building, zoning,
health, safety, fire, police or other provision of this code or any county,
state or federal law which substantially affects public health, welfare, or
safety;
Ordinance No. NS-XXX
Page 8 of 13
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(2) The plan fails to include all of the information required by this article;
(3) The plan is insufficient or inadequate to prevent removal of shopping carts
from the premises;
(4) The plan fails to address any special or unique conditions due to the
geographical location of the premises as they relate to shopping cart
retention and prevention efforts.
(5) Implementation of the plan violates a term or condition of a plan or other
requirement of this Code;
(6) The owner knowingly makes a false statement of fact or omits a fact
required to be revealed in an application for the plan, or in any
amendment or report or other information required to be made.
(e) If the plan is rejected as incomplete or inadequate, the director shall
indicate areas of incompleteness or inadequacy, and the owner shall have an additional
thirty days in which to resubmit a complete and adequate plan.
(f) An owner who fails to submit a complete plan to the satisfaction of the
director, or fails to implement approved plan measures or fails to comply with the
approved plan measures will be subject to enforcement of these requirements through
any lawful means available to the city, including without limitation institution of the
administrative remedies process pursuant to Chapter 1 of the Code.
(g) The director's decision shall be final.
Sec. 33-219.
Plan modification and annual report.
(a) At any time after the director's approval of any abandoned shopping cart
plan, the owner may submit to the director a modification of the previously approved
plan to address a change in circumstances, address an unanticipated physical or
economic impact of the plan, or modify an inadequate or ineffective plan.
(b) Each year, on or before the anniversary of the director's approval of the
plan, each owner (or multiple businesses that have collaborated on a single approved
plan) shall submit an annual report to the director (1) certifying its compliance with the
approved plan and each item specified in section 33-215, (2) detailing compliance with
each provision of its approved plan over the prior year, and (3) summarizing its monthly
cart retrieval statistics for the prior year. The director may, based upon review of the
annual report, initiate modification or revocation proceedings.
Sec. 33-220.
Modification or revocation of plan.
Ordinance No. NS-XXX
Page 9 of 13
50A-12
An approved plan may be revoked by the director, or modified in lieu of
revocation in the exercise of the director's sound discretion, upon any of the following
occu rrences:
(a) The owner is operating, or is permitting operation, of the retail business in
violation of one or more provisions of the plan and has failed to correct such violations
for a period of at least fifteen (15) calendar days following date of receipt of written
notification of such violation(s) from the city.
(b) The plan is inadequate to either reasonably prevent the removal of
shopping carts from the premises, or reasonably ensure the prompt retrieval of
abandoned shopping carts.
(c). Any of the owner's shopping carts is or has been abandoned on public
property, in a right of way or on private property for longer than three (3) business days
after notification by the city on three (3) occasions in any six-month period.
(d) The owner has failed to comply with any of the provisions of this article.
(e) The owner knowingly makes a false statement of fact or omits a fact
required to be revealed in an application for the exemption, or in any amendment or
report or other information required to be made.
Sec. 33-221.
Notice of intended decision.
(a) Upon determining the existence of any of the grounds for revocation of a
plan in accordance with section 33-220, the director shall issue to the owner a notice of
intended decision to revoke or modify the plan.
(b) The notice of intended decision shall state all the grounds upon which the
revocation or modification is based.
(c) The notice of intended decision shall advise the owner that the revocation
or modification shall become final unless the owner files a written request for hearing
before the director within ten calendar days of the date of service of the notice of
intended decision to revoke or modify the plan.
(d) The notice of intended decision shall specify the effective date of the
revocation or modification of the plan.
Sec. 33-222.
Procedure for hearing before the director.
(a) The written request for a hearing before the director must be received by
the director within ten (10) calendar days of the date of the notice of intended decision
to revoke the plan or deny the renewal application for an exemption.
Ordinance No. NS-XXX
Page 10 of 13
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(b) Upon timely receipt of a written request for a hearing, the director shall
schedule a hearing which shall be held no later than thirty calendar days after receipt of
a timely request for hearing.
(c) The director shall serve a notice of hearing on the owner at least ten (10)
calendar days prior to the scheduled date of the hearing.
(d) At the hearing before the director, or before a hearing officer at the
director's option, the owner shall be given the opportunity to present witnesses and
relevant documentary evidence.
(e) The hearing will be conducted informally and the technical rules of
evidence shall not apply. Any and all evidence which the director or hearing officer
deems reliable, relevant and not unduly repetitious may be considered.
Sec. 33-223. Decision of the director.
(a) The director or hearing officer shall serve on the owner a written decision
sustaining, reversing or modifying the director's intended decision.
(b) The decision by the director or hearing officer after hearing shall become
final unless the owner files an appeal before the appeals hearing board within the time
period specified in section 33-224.
Sec. 33-224. Chapter 3 Appeal.
(a) If an owner is dissatisfied with the written decision of the director, the
owner may file a written appeal to the City.
(b) The appeal must be in writing on a form provided by the City and must be
received by Clerk of the Council within ten (10) calendar days of notification of the
director's decision.
(c) The appeal, including its hearing, shall be conducted in accordance with
Chapter 3 of this Code.
Sec. 33-225. Enforcement.
Every owner shall comply with the provisions of this article and every provision
of the owner's approved shopping cart control plan.
Any owner who violates any provision of this article or any provIsion of the
owner's approved shopping cart control plan shall be subject to enforcement procedures
for each violation through any lawful means available to the city, including without
limitation institution of administrative remedies in accordance with Chapter 1 of this
code.
Ordinance No. NS-XXX
Page 11 of 13
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I
Sec. 33-226. Retrieval notification.
The city may notify the owner of an abandoned shopping cart as identified on the
signage information permanently affixed to the shopping cart. The city notification shall
be documented and provided either by telephone or by written notice. The notification
shall require that the identified shopping cart(s) be retrieved pursuant to the conditions
for retrieval as set forth in the owner's abandoned shopping cart retrieval plan.
Section 3. Any new use or substantial expansion to a current use, of a use
that employs more than five (5) shopping carts shall, to the extent feasible, be required
to install an electronic wheel locking system as a condition of issuance of city
entitlement or building permit. Staff shall prepare and submit for council review any
ordinance or resolution necessary to implement this statement of City policy.
Section 4. 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 portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this
day of
,2006
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES:
Councilmembers
NOES:
Councilmembers
Ordinance No. NS-XXX
Page 12 of 13
50A-15
ABSTAIN: Councilmembers
NOT PRESENT: Council members
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
Page 13 of 13
50A-16