Safety, Wellness, and Youth Committee Memorandum
TO: SAFETY, WELLNESS, AND YOUTH COMMITTEE DATE: JULY 19, 2023 FROM: OFFICE OF THE CITY ATTORNEY WARDS: ALL
SUBJECT: REVIEW OF ORDINANCE RE ABANDONED SHOPPING CARTS; RECEIVE DIRECTION FOR POTENTIAL UPDATES ISSUE:
Consider proposed changes to Riverside Municipal Code (RMC) 9.58 regarding abandoned shopping carts.
RECOMMENDATION:
That the Safety, Wellness, and Youth Committee:
Direct City staff to amend Chapter 9.58 of the RMC relating to the retrieval, impound, and disposal of lost, stolen, or abandoned shopping carts.
BACKGROUND:
On January 18, 2017, the Public Safety Committee met with Chair Perry, Vice Chair Melendrez and Member Burnard present. After discussion, the Committee unanimously voted to recommend that City Council adopt an Ordinance to amend Chapter 9. 58 of the Riverside Municipal Code relating to the retrieval, impound, and disposal of lost, stolen, or abandoned shopping carts.
On February 28, 2017, the City Council unanimously voted to receive an update on the shopping cart retrieval program and adopt an ordinance to amend Chapter 9. 58 of the Riverside Municipal Code (RMC) regarding the retrieval, impound, and disposal of lost, stolen, or abandoned shopping carts.
DISCUSSION:
Abandoned shopping carts cause visual blight in neighborhoods, reduce property values in communities, obstruct pedestrian and vehicular traffic in the public rights-of-way, and constitute a hazard to the health, safety, and general welfare of the public.
California Business and Professions Code (Sections 22435 to 22435.13) permits cities to develop an ordinance with regulations to eliminate the accumulation of abandoned shopping carts within city limits.
In 2016, Public Works met with local retailers regarding potential changes and enforcement actions to prevent shopping carts from being stolen from their respective stores and abandoned on City streets. City staff revised the potential RMC changes to address retailer comments and incorporate ideas that resulted from the meetings:
All retailers utilizing shopping carts, whether they utilize City services or not, must submit a prevention plan stating how they will prevent carts from leaving the business premises;
2. Require the prevention plan to provide details on how the retailer will actively locate carts within one mile of the business premises and respond to complaints from the public or notifications from the City regarding abandoned carts;
3. Require the prevention plan to include an employee training program regarding the prevention plan and state law as they relate to shopping carts;
4. Require retailers who have a minimum of 20 carts and have more than 20% of their carts retrieved in a year to submit an annual evaluation report for that year;
5. Require retailers to install disabling devices if their prevention plan has been revoked more than three times in a four-year period. If the retailer already uses disabling devices, then they will be required to show proof of quarterly maintenance and repairs ensuring the devices are working properly;
6. Require retailers with carts already equipped with disabling devices to test and repair the devices on abandoned carts returned to the retailer by the City’s retrieval contractor prior to making them available to customers;
7. Require retailers to pull carts from circulation if disabling devices are not working properly;
8. Allow the City to revoke a retailers prevention plan and require more stringent prevention measures if they have more than 20 carts and more than 25% of their carts are retrieved in a 6 -month period;
9. Require retailers to lock up their carts at night; and
10. Require new construction projects that will accommodate stores with carts to install disabling devices.
Shopping Cart Retrieval Program
The City currently has a shopping cart retrieval program whereby the City has contracted to pick up abandoned shopping carts. This program has retrieved carts from 34 retailers this year. From January 1, 2023 to July 6, the program has retrieved 4,169 carts. Since the 2017 update, various stores—including Stater Bros. Markets, Northgate Gonzales Market, and Target-- have locking devices on their carts. Public Works has started to engage other retailers, but has not yet received a robust response.
Enforcement of RMC 9.58
The provisions of this chapter shall be enforced by any enforcement personnel. Enforcement personnel means any police officer, code compliance officer, or other designated City of Riverside employee designated by the Public Works Department. RMC Section 9.58.030.
There are limitations as to how and where shopping carts can be retrieved. For example, enforcement personnel would not generally enter onto private property for the sole purpose of retrieving, removing, storing or disposing of carts without consent or a nuisance abatement warrant. City staff could potentially become involved if retailers are not following retrieval program guidelines, but have not yet been engaged on any of those issues.
Given the continued, abundant use of the shopping cart retrieval program and carts found throughout the City, City staff seeks guidance on ways to strengthen the ordinance.
Other cities across the state have developed shopping cart containment plans and various ways of conducting enforcement.
In Moreno Valley, plans apply to all new businesses with more than 10 shopping carts and a strict liability fine.
In Bakersfield, the city included a subsidy program will cover the capital costs that local businesses would be required to spend to install the locking systems and other security features.
In San Luis Obispo, any owner failing to retrieve their shopping cart(s) within three days after being notified about their shopping cart(s) being off the owner's premises may be punished with an administrative fine of $50 for each occurrence in excess of three during a six-month period. Additionally, the owner is required to pay the City's actual costs for retrieving and storing the owner's shopping carts. These fines/penalties are waived if the cart(s) is/are picked up within three days.
STRATEGIC PLAN ALIGNMENT:
Equity – Project outcomes will benefit the entire community; project enhances services for an underrepresented neighborhood or population.
Innovation – Project utilizes innovative strategies; partnerships are leveraged with community members.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
Prepared by: Deputy City Attorney Mary Hanna
Approved as to form: Phaedra A. Norton, City Attorney
Attachments:
California Business and Professions Code Section 22435-22435.8 Presentation
Review of RMC 9.58 ● Page 2