82093.00001\43902996.6
Lease Agreement – WSC
3 etc.) and is for youth-related programming. Any sublessor shall be required to carry the same insurance as required below for WSC.
4.4 Property Maintenance and Repair. WSC shall obtain, provide, and maintain all necessary equipment to maintain the Property in good working order for the uses anticipated by this Agreement. WSC shall be responsible for keeping the Property in a clean and safe condition at all times. WSC shall be responsible for all repairs and maintenance to the Property as necessary, except for repairs caused by damage resulting from City use. WSC shall repair and maintain the Property in compliance with Exhibit C, attached hereto and incorporated herein by reference.
4.5 Security. Parking lot to the Property shall be locked when not in use by WSC. A copy of keys for any lock on the Property shall be provided to the City prior to locks being placed on the Property.
4.6 Staff. WSC may utilize a combination of volunteers, staff, and other agents in its execution of the task contemplated by this Agreement and use of the Property. WSC shall comply with all laws and regulations as to their utilization, including but not limited to Labor Code section 1720.4 related to volunteers, and remain solely responsible for all volunteers, staff and other agents actions, as further provided in the indemnification provided below.
4.7 Fees. WSC may charge a reasonable fee for its events.
4.8 Signage. WSC may install an entry sign at the entrance to the Property. The placement, size, wording and design of the sign must be approved by City Community Development Director, or designee, in writing prior to installation. No more than four (4) sponsorship banners at a time may be installed on the fence of the facility. The sponsorship banners must face the inside of the facility and have a single, solid color facing Sports Park Drive.
4.9 Storage Units. WSC may place up to two storage units on the Property. The location, size, and color of the storage unit must approved by City Community Development Director, or designee, in writing prior to placement. The storage unit must be a single solid color. The storage unit must be kept in good repair (painted, no graffiti, etc.).
4.10 Utilities. WSC shall pay for the cost of electric service and water service to the Property.
4.11 Solid Waste and Recyclables. Solid waste and recyclable services covered under the City’s franchise agreement will be extended to the Property. Any charges over the City’s regular, routine service charge under the franchise agreement will be billed to WSC (i.e. contaminated loads, excess trash). WSC shall be responsible for maintaining and amending trash/recycle containers for servicing by Waste Management, if necessary for routine service.
4.12 Portable Toilets. WSC will be responsible for the cost and placement of portable toilets. Portable toilets must be rented for all tournaments unless waived by the City in writing
82093.00001\43902996.6
Lease Agreement – WSC
4 prior to a tournament. If used, portable toilets must be safely secured to prevent tipping over.
Any sanitary sewer overflows must be cleaned up within two hours by WSC.
4.13 Alcohol Not Permitted. WSC shall not keep or permit the consumption of alcoholic beverages on the Property at any time, including in the parking lot.
4.14 Property Closure. City may close Property for emergency maintenance or repairs without prior notice to WSC, provided that the City shall provide notice as soon as reasonably practicable of any necessary emergency closure.
4.15 Food Sales. Food sales are generally permitted on the Property. No permanent food sale shall be allowed. No more than two food trucks/carts/stands are permitted at a time on the Property. Additional food trucks/carts/stands may be approved on a case-by-case basis so long as prior written approval is acquired by the City. Food trucks/carts/stands are prohibited from parking on Sports Park Drive unless prior approval is granted in writing by the City. Food trucks/carts/stands may be closed down at any time by the City without prior notice and at the City’s sole discretion (e.g. public complaint, illness concern). Snack bar sales by WSC are permitted and do not count in the food truck/cart/stand count. All vendors must have valid, active food vendor and business licenses, as applicable from the City and County.
4.16 Prohibited Uses on Property to be Enforced by WSC. Parties agree the following are expressly prohibited on the Property and it is the responsibility of WSC to enforce:
barbeques, portable heaters, any device that uses propane, pets, vehicles parked overnight, tobacco, cigarettes, e-cigarettes, cigars, chew, alcohol, glass bottles and glass containers.
4.17 WSC shall comply with all mitigation measures applicable to the Property pursuant to the City’s General Plan EIR (SCH 2013032015) and Annexation Initial Study, copy of which is available with the City Planning Department, as well as obtain a written clearance that the activities comply with the Yolo Habitat Conservation Plan. The City agrees to pay any applicable Habitat Conservation Plan fees.
5. PROPERTY IMPROVEMENTS.
5.1 Parties agree that an integral factor in City’s agreeing to provide exclusive and priority use of the Property to WSC is the improvements WSC agrees to make to the Property.
Any and all improvements and construction to the Property made pursuant to the terms of this Agreement shall become fixtures to the Property and the City’s property at Lease termination, unless Parties mutually agree otherwise.
5.2 Improvements. Parties agree WSC shall make the improvements generally outlined in EXHIBIT B, attached hereto and incorporated herein by reference (“Improvements”). The designs provided in Exhibit B have not been thoroughly reviewed by the City and City expressly reserves the right to require changes to the plans. Exact plans and specifications for the Improvements shall be submitted to the City no later than one hundred and eighty (180) calendar days from the Effective Date. The plans and specification shall be subject to City approval via the City’s established encroachment permit process, which such approval shall not be unreasonably withheld. WSC shall be responsible for paying any City plan check
82093.00001\43902996.6
Lease Agreement – WSC
5 and inspection costs and fees related to the design and construction of the improvement plans.
Any modifications to the Property not approved by the City through the encroachment process and with the City’s express written consent shall be at WSC’s sole expense and risk/expense of modification or removal.
5.3 Well Construction and Maintenance. Prior to installation of the Improvements, City shall design and construct a replacement well or rehabilitate the existing well. WSC’s obligations to construct any irrigation-related Improvements shall be conditioned on City completing the well improvements. The cost share of the well will be 50% paid for by the City, 25% paid for by the WSC (not to exceed $50,000) and 25% paid for by the Woodland Recreation Foundation. The well cost shall include the costs for well design, demolition of the existing well (if required), staff project management and well construction or rehabilitation. Within thirty (30) days from the Effective Date, WSC shall pay $25,000 towards the well costs. The City shall not initiate well design until this payment has been made to the City. Prior to initiating public bidding for the well construction contract, WSC shall pay for its estimated 25% cost share based on the City’s design estimates at that time. Prior to Council contract award, WSC shall pay the revised 25% cost based on the actual bid amounts, or be refunded if the estimate was beyond the revised cost. The City shall not bid the well project unless the Improvement plans are complete and approved by the City. If costs go over $400,000 City will reevaluate the well construction and may amend or cancel the work at its sole discretion. City shall be responsible for maintenance and repair of the well, once constructed. Should the well be constructed, WSC shall pay an annual fee of $10,000.00, with no reconciliation, to the City to cover the cost of maintenance and such payment shall be made with 180 days of well completion and, thereafter, annually on or before February 1 each year.
5.4 WSC shall pay for and construct the Improvements, once approved. WSC is aware that work to complete the Improvements may be subject to prevailing wage and WSC is solely responsible for ensuring that the Improvements are completed in compliance with prevailing wage, the Labor Code, and any law or regulations related to the same. WSC expressly holds harmless and will indemnify and defend the City from any claims related to such. The WSC is responsible for providing power to the well location prior to the City bidding the well construction work.
5.5 WSC acknowledges that the City’s storm drainage master plan includes modifying the Improvements’ location to construct a future storm drainage pond. This plan would include excavation of the entire Improvements’ plan site. It is anticipated that the City or a cooperating developer will construct the storm drainage pond 10-20 years from the Effective Date of this Agreement. At the City’s discretion, the storm drainage pond may be designed to allow for the use of Property soccer fields at the bottom of the pond.
6. INSURANCE.
6.1 WSC shall obtain or require all contractors it directly engages pursuant to this Agreement to obtain and maintain insurance of the types and in the amounts described below in a form and with carriers satisfactory to City during the term of this Agreement.
82093.00001\43902996.6
Lease Agreement – WSC
6 (a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a limit of not less than one million dollars ($1,000,000.00) (or such lesser amount as may be approved in writing by City). If such insurance contains a general aggregate limit, it shall apply separately to construction work authorized by this Agreement or be no less than two times the occurrence limit and shall also name City, its officials, officers, employees, agents, and volunteers as additional insureds by endorsement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additional insureds.
(b) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a limit of not less than one million dollars ($1,000,000.00) each accident shall be maintained. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall contain the same provisions regarding additional insureds as set forth in Section 6.1.a. above.
(c) Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than one million dollars ($1,000,000.00) each accident. (d) Property Insurance. All-risk property insurance covering the Property in the full value of the completed work.
6.2 Other insurance requirements. WSC shall:
(a) Prior to taking any actions authorized by this Agreement, furnish City with properly executed certificates of insurance and endorsements or copies of insurance policies that evidence all insurance required in this section and that such insurance may not be canceled, allowed to expire, or be materially reduced in coverage except with thirty (30) days’ prior written notice to City.
(b) Replace or require the replacement of certificates, policies, and endorsements for any insurance required herein expiring prior to substantial completion of the work contemplated by this Agreement. (c) Maintain all insurance required herein through termination of this Agreement.
(d) Place all insurance required herein with insurers licensed to do business in California and reasonably acceptable to City.
7. INDEMNIFICATION. WSC agrees to indemnify, defend (with counsel reasonably approved by City), and hold harmless the City, its authorized officers, agents, employees, members, volunteers, and participants from any and all claims, actions, losses, damages, and/or
82093.00001\43902996.6
Lease Agreement – WSC
7 liability arising out of WSC’s obligations under this Agreement including the acts, errors, or omissions of any person and for any costs or expenses incurred by the City on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. WSC’s indemnification obligation applies to the City’s "active" as well as "passive" negligence but does not apply to the City’s "sole negligence" or "willful misconduct" within the meaning of California Civil Code Section 2782.
8. NOTICE. Any notice, demand, request, consent, approval, or communication required by this Agreement or law shall be delivered at the following addresses. Whenever reasonably possible, Parties shall provide courtesy email copies of any communication. Either Party may change its address by notifying the other Party of the change of address.
CITY
City of Woodland
c/o City Manager
300 First Street
Woodland, California 95695
Courtesy Copy:
Best Best & Krieger LLP
c/o Woodland City Attorney
500 Capitol Mall, Ste. 2500
Sacramento, California
WOODLAND SOCCER CLUB
Woodland Soccer Club
c/o Shawn Seyk, Club President
2779 Garrett Place
Woodland, Ca 95776
[email protected]
9. NO WAIVER. The delay or failure of either Party to require performance, compliance, or enforcement of any provision of this Agreement will not be deemed a waiver of those rights to require performance, compliance, or enforcement.
10. AMENDMENT. No provision of this Agreement may be amended or added to except by express written agreement of both Parties.
11. NO ASSIGNMENTS OR SUBCONTRACTS. WSC may not transfer, assign, or subcontract the provisions of this Agreement without the express written consent of City up to an including, as expressly written above, any lease or other use of the Property by any organization besides WSC.
12. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be construed to create any rights in third parties and the Parties do not intend to create such rights.
13. SEVERABILITY. If any word, phrase, clause, sentence, paragraph, section, article, part, or portion of this Agreement is or shall be invalid for any reason, the same shall be deemed
82093.00001\43902996.6
Lease Agreement – WSC
8 severable from the remainder hereof and shall in no way affect or impair the validity of this Amendment or any other portion thereof.
14. INTERPRETATION AND VENUE. The headings used herein are for reference only.
The terms of the Agreement are set out in the text under the headings. This Agreement shall be governed by the laws of the State of California. Any legal action shall be commenced in the Superior Court for the County of Yolo of the U.S. District Court for the Eastern District of California.
15. ATTORNEYS' FEES AND COSTS: If any legal action is instituted to enforce or declare any party's rights hereunder, each Party, including the prevailing party, must bear its own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly arising from any third party legal action against the City.
16. PUBLIC RECORDS DISCLOSURE, CONFIDENTIALITY. WSC expressly acknowledges that all City records are public records and subject to disclosure upon request, unless exempt, pursuant to the Public Records Act, Government Code section 7290.000 et seq. In the case of such a request for records related to the Agreement or WSC, City shall endeavor to give WSC reasonable notice and opportunity to justify withholding.
17. INDEPENDENT CONTRACTOR. WSC agrees that WSC, its officers, agents, employees, members, docents or volunteers while performing services pursuant to this Agreement will be acting as independent contractors and not as agents or employees of City.
WSC is responsible for and must secure, at its own expense, any and all payment of wages, benefits, and taxes, including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, and any other payroll deductions for WSC. This Agreement does not create an agency, employee, partnership, or joint venture between the City and WSC.
18. MATERIAL MISREPRESENTATION. If during the course of the administration of this Agreement, the City determines that the WSC has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the City, and the City has relied upon the information, this Agreement may be immediately terminated without notice. If this Agreement is terminated according to this provision, the City is entitled to pursue any available legal remedies.
19. COMPLIANCE WITH LAWS & NON-DISCRIMINATION. WSC shall comply with all state, federal, and local laws, orders, regulations, and ordinances including, but not limited to laws related to minimum hours and wages, occupational health and safety, fair employment and employment practices. WSC must not engage in, nor permit its officers, agents, employees, members, docents or volunteers to engage in discrimination of persons based upon their actual or perceived race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender, sexual orientation, veteran status, or any other status protected by law.
20. AUTHORIZATION. Parties to this Agreement represent that the signators executing this document are fully authorized to enter into this Agreement on behalf of the Party they represent.
82093.00001\43902996.6
Lease Agreement – WSC
9 [SIGNATURES ON FOLLOWING PAGE]
82093.00001\43902996.6
Lease Agreement – WSC
10 IN WITNESS WHEREOF, this Agreement was executed by the Parties hereto on the Effective Date first above written.
CITY OF WOODLAND,
a California municipal corporation
__________________________________
Ken Hiatt, City Manager
APPROVED AS TO FORM
__________________________________
Ethan Walsh, City Attorney
WOODLAND SOCCER CLUB
a California nonprofit public benefit corporation
__________________________________
Shawn Seyk, President
82093.00001\43902996.6
Lease Agreement – WSC
11 EXHIBIT A
Property Description
Northeastern section of APN 041-080-002 as shown in Exhibit B. Leased area is approximately 6.5 acres.
82093.00001\43902996.6
Lease Agreement – WSC
12 EXHIBIT B
Anticipated WSC Property Improvements
82093.00001\43902996.6
Lease Agreement – WSC
13 EXHIBIT C
Maintenance Standards
WSC shall perform maintenance of the Property, and ensure that a safe, sanitary, and clean environment is always maintained so that the Property, including all surfaces and contents may be used to the fullest extent, and for the longest duration possible. WSC shall be responsible for maintaining the Property in accordance with the following standards. This is a non-exhaustive list of WSC’s maintenance responsibilities:
1) Property Soccer Fields. Property soccer field maintenance includes all actions reasonably necessary to keep the Property in safe and working condition for soccer activities including, but not limited to, grass watering management, fertilization, and pest and disease control on a regular basis. The fields shall be mowed weekly during the spring and summer, and as-needed during other months.
2) Trash. All trash receptacles shall be emptied by WSC on a regular basis. Trash shall be disposed of as needed during the week and daily on the weekends when there are games and/or tournaments. Extra fees incurred from Waste Management for improper trash disposal shall be billed to WSC.
3) Recyclable Goods. Containers for recyclables shall be maintained for mixed paper, cans, plastic, and glass. Containers for liquid material containers (such as soda cans and water bottles) shall have liners or bags inside of them and shall be emptied twice a week.
Recyclable materials shall be disposed of in the recycling bins located at the Property.
Cardboard boxes shall be broken down prior to disposal. Extra fees incurred from Waste Management for improper recycling disposal shall be billed to WSC. 4) Supplies. All Property marking chalk used shall be non-toxic. All chemicals used on the Property shall conform to industry standards for the type of application being used. All state requirements for pesticide and herbicide use shall be followed. City shall be provided with a Material Safety Data Sheet (MSDS) for each chemical used on the fields. 5) Property Security. The Property shall be closed, locked, and secured whenever the Property is vacant or unused.
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND
APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF WOODLAND
AND WOODLAND SOCCER CLUB REGARDING THE USE OF CITY PROPERTY
WHEREAS, the City Council wishes to provide adequate recreation facilities for residents of the City; and
WHEREAS, the City has available land but does not have sufficient funding to construct additional soccer fields; and
WHEREAS, the Woodland Soccer Club has the resources available to construct and maintain additional soccer fields; and
WHEREAS, the Woodland Soccer Club has worked with staff to negotiate an agreement to lease the existing land and construct new soccer fields; and WHEREAS, the Agreement includes provisions for the City to design and construct a well at the Sports Park and there are funds approved in the capital budget for this purpose in CIP 26-05; and
WHEREAS, execution of this Agreement and the underlying project requires no further environmental review or mitigation pursuant to the California Environmental Quality Act, Public Resources Code section 21000 et seq., where all potential environmental impacts from the use of and improvement to the Property were previously analyzed and mitigated in the environmental impact report for the City’s 2035 General Plan (SCH 2013032015) and further analyzed and mitigated in the initial study for the City’s annexation of the Property, copy of which is available at the City Planning Department, parties will comply with all such underlying mitigation measures including but not limited to obtaining Yolo Habitat Conservation Plan clearance, and no substantial changes to the project, no substantial changes to the circumstances, and no new information has come to light meriting further environmental review thereby it is exempt under Section 21166 and, in the alternative and for the same reasons, is also exempt under CEQA Guidelines section 15183; and
WHEREAS, the City Council wishes to approve the Lease Agreement between the City of Woodland and Woodland Soccer Club regarding the use of City Property through adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodland as follows:
SECTION 1. The City Council hereby approves the Lease Agreement between the City of Woodland and Woodland Soccer Club regarding the use of City Property and authorizes the City Manager to execute the Lease Agreement.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 20th day of January 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Tom Stallard, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Marissa Kersey, City Clerk Ethan Walsh, City Attorney
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: January 20, 2026
ITEM #: J.15
SUBJECT: Introduce and Waive the First Reading of an
Ordinance Revising Sections within Chapter 9.48,
“Camping within City Limits,” to Title 9 of the
Woodland Municipal Code
Recommendation for Action: Staff recommends that the City Council introduce and waive the first reading of an ordinance of the City Council of the City of Woodland, California revising sections within Chapter 9.48, “Camping within City Limits,” to Title 9 of the Woodland Municipal Code.
Staff Contact:
Ryan L. Kinnan, Chief of Police, 530-661-7813, [email protected] Victoria Danzl, Special Services Lieutenant, 530-661-7860, [email protected]
Background:
Recent guidance and actions at the state and judicial levels have expanded the authority of local jurisdictions to regulate camping and related activities within city limits. Specifically, actions issued by Governor Gavin Newsom, along with relevant court decisions, have clarified and, in some cases, broadened the scope of permissible local regulation in this area.
In response to these developments, City of Woodland staff initiated a review of the City’s existing ordinance governing camping within city limits to determine whether additional amendments could be implemented consistent with current legal standards. This review focused on evaluating opportunities to enhance regulatory clarity, improve enforceability, and ensure that the City’s ordinance aligns with updated state guidance and applicable court rulings.
The proposed ordinance changes reflect the results of this review and are intended to provide the City with clearer authority to manage camping activities within city limits while balancing public health, safety, and welfare considerations.
Discussion:
The proposed amendments to Chapter 9.48 are intended to strengthen the City’s ability to regulate camping within City limits by addressing limitations in the current ordinance and aligning local regulations with updated state guidance and applicable court decisions. While the existing ordinance provides authority to regulate camping activities, its application is limited to nighttime enforcement.
Staff has identified opportunities to improve effectiveness by expanding the ordinance to allow for enforcement during daytime hours, providing clearer regulatory authority and more consistent application.
A central component of the proposed amendments is the removal of the nighttime-only limitation, allowing camping regulations to apply regardless of the time of day. This change is designed to address ongoing impacts associated with camping that may occur during daylight hours, including public health concerns, obstruction of public spaces, fire hazards, and impacts to public and private
property. By enabling daytime enforcement, the City can respond more promptly to these issues rather than deferring action until nighttime hours.
The amendments also improve regulatory clarity and enforceability by more clearly defining the City’s authority to manage camping activities within its jurisdiction. Establishing a consistent enforcement framework reduces ambiguity for both the public and enforcement personnel, supports fair and uniform application of the ordinance, and enhances compliance. These changes are intended to be consistent with recent state-level guidance and judicial rulings that have clarified the scope of permissible local regulation in this area.
Overall, the proposed amendments represent a measured and legally informed update to the City’s existing camping ordinance. By expanding enforcement authority, improving clarity, and strengthening the City’s ability to protect public spaces, the updated ordinance is intended to balance public health, safety, and welfare considerations while providing the City of Woodland with effective tools to manage camping activities within City limits.
Conclusion:
Staff recommends that the City Council introduce and waive the first reading of an ordinance of the City Council of the City of Woodland, California revising sections within Chapter 9.48, “Camping within City Limits,” to Title 9 of the Woodland Municipal Code.
Prepared by: Victoria Danzl, Lieutenant
Reviewed by: Ryan L. Kinnan, Chief of Police
Attachments:
1. Proposed Ordinance - Camping Ordinance Revision
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WOODLAND AMENDING CHAPTER 9.48 OF THE WOODLAND MUNICIPAL CODE RELATING
TO CAMPING WITHIN CITY LIMITS
WHEREAS, the City of Woodland is committed to protecting the public health, safety, and general welfare as well as public and private property; and WHEREAS, regulation of camping, generally meaning use of undeveloped land for the purpose of living and sleeping, is important for the orderly conduct and maintenance of public and private property for all and, in this vein, the City adopted regulations pertaining to camping within the City limits codified at City Municipal Code chapter 9.48; and WHEREAS, as drafted, Chapter 9.48 only applies to nighttime camping and, in order to effectively protect the public health, safety, and general welfare as well as public and private property related to camping, staff propose amendments to Chapter 9.48 to allow daytime enforcement, specifically the amendments shown in EXHIBIT A, attached hereto and incorporated herein by reference; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Woodland does hereby ordain as follows:
SECTION 1. Incorporation of Recitals. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
SECTION 2. California Environmental Quality Act (CEQA). The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) because this Ordinance will not cause a change in any of the physical conditions within the area affected.
SECTION 3. Code Amendment/Adoption. Chapter 9.48 of the Woodland Municipal Code is hereby amended as set forth in the attached EXHIBIT A, attached hereto and incorporated by this reference.
SECTION 4. Severability. If any provision or clause of this ordinance or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect other provisions of this ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are declared to be severable.
SECTION 5. Effective Date and Notice. This ordinance shall take effect thirty (30) days after its adoption and shall be published by summary in a newspaper of general circulation published and circulated within the City of Woodland in accordance with applicable law.
INTRODUCED at a regular meeting of the City Council of the City of Woodland, California on the 20th day of January 2026 and PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 3rd day of February 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Tom Stallard, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _______________________________ Marissa Kersey, City Clerk Ethan Walsh, City Attorney
EXHIBIT A
Redline of Proposed Changes to Woodland Municipal Code Chapter 9.48 CHAPTER 9.48
CAMPING WITHIN THE CITY LIMITS
§ 9.48.010. Authority and purpose.
The purpose of this chapter is to protect public and private property within the City from the destruction that accompanies camping. It also is enacted to ensure that proper health and safety accommodations be provided to those who do camp. It is enacted to prevent degradation of public and private lands and assure that such lands can be utilized for their intended purpose. The City Council enacts the ordinance codified in this chapter in accordance with the authority granted to cities by Article XI, Section 11 of the California Constitution. (Prior code § 7-1)
§ 9.48.020. "Camping" defined.
For purposes of this chapter, "camping" is defined as residing on or using any City-owned public or private property at night for living accommodation purposes, such as sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping); or storing personal belongings (including, but not limited to, clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material); or making any fire or using any tents; regularly cooking meals; or living in a parked vehicle. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person(s) is using public or private property as a living accommodation, with the intent to camp. (Prior code § 7-2)
§ 9.48.030. Camping on public property.
A. Except as may be permitted within parks by the Community Services Director, it is unlawful to camp upon any public property owned by the City, including, without limitation, streets, easements, parks, dump sites, creek beds, sidewalks, alleyways, drainage channels, storm drain ponds, well sites electric utility substations, parking lots, corporation yards, and buildings, including the curtilage of such buildings. No person shall set up upon any City property at any time during nighttime hours tents, shacks, house trailers, motor homes, campers, or any other temporary or permanent shelter for the purpose of camping, nor shall any person leave in any such place any movable structure or special vehicle to be used for the purpose of camping, such as a house trailer, tent, automobile, or the like. It is a violation of this section to set up provisions for the purpose of camping such as a house trailer, tent, automobile, or similar structure.
Setting up any provision or structure with the intent to camp, regardless of whether a full night is actually spent at the location, shall constitute a violation of this section.whether or not a full night is actually spent at the location.
A.B. It is unlawful for any person to obstruct, or otherwise interfere with the free passage of pedestrians or motorists from ingress and egress on any public street, sidewalk, alleyway, or
other public property within the City by camping or placing stored personal property thereon. (Prior code § 7-3; Ord. 1725, 11/5/2024)
§ 9.48.040. Camping on private property.
A. Except as otherwise provided in this section, it is unlawful to camp upon private property within the City. No person shall set up upon any private property at any time during nighttime hours tents, shacks, campers or any other temporary or permanent shelter for the purpose of camping, nor shall any person leave upon any private property any movable structures or special vehicle to be used for such a purpose, such as a tent or automobile or similar structurethe like. Violation of this section shall be charged as a misdemeanor.
B. Exceptions. This section shall not apply to persons camping upon their own land or camping with the owner of the land, or to persons camping with the written consent of the owner of the land; provided, that such written consent is in their possession at the time and is shown upon demand of any peace officer; and provided that all local zoning ordinances of the City and County are met and all Health Code sections of the State are complied with. This section shall not apply to persons lawfully camping within campgrounds or trailer parks specifically designated and/or approved for such use pursuant to the Zoning Ordinance of the City.
(Prior code § 7-4)
§ 9.48.050. Campfires.
No person shall kindle or maintain an open campfire, bonfire, or flame.
Nothing in this chapter shall be construed to permit fires otherwise prohibited by law or to negate the requirement for burning permits otherwise required by law. (Prior code § 7-5; Ord. 1725, 11/5/2024)
§ 9.48.060. Unlawful storage of personal property on public and private property.
It is unlawful and a public nuisance for any person to deposit, leave, or maintain stored personal property on public property or private property without the consent of the property owner.
Stored personal property left on public or private property in violation of this section may be impounded pursuant to the provisions of this chapter.
(Ord. 1725, 11/5/2024)
§ 9.48.070. Impounding stored property.
A. The Police Chief, or his or her designee, is authorized to impound stored personal property located on public property or private property pursuant to the provisions of this chapter. The Police Chief is authorized to adopt written policies and procedures to implement provisions of this chapter. Nothing in this chapter shall be construed to limit or otherwise interfere with State law regarding the impounding of evidence related to a crime.
B. Stored personal property may be impounded and disposed of without notice if there is a cause to reasonably believe that the stored property is:
1. Perishable;
2. Contaminated with feces, urine, or bodily fluid;
3. Infested with insects;
4. Contaminated with mold or mildew;
5. Intentionally discarded/abandoned;
6. An immediate threat to public health or safety.
C. Actual notice shall be deemed provided by placing on or near the stored personal property a writing containing the following information:
1. Description of the stored personal property;
2. Location of the stored personal property;
3. Date and time of notice;
4. Notification that the stored personal property is done so in violation of Section 9.48.060 of the Woodland Municipal Code and will be impounded by the City if the stored property is not removed within the compliance period of the notice.
D. Posted notice shall be deemed provided by erecting at least one sign in a conspicuous place providing notice that any stored personal property found in a described area may be removed, and impounded if not claimed and removed within the stated compliance period. The sign shall provide contact information where a person may retrieve their personal property impounded.
E. After the notice period has expired, the stored personal property shall be deemed abandoned and may be impounded. Prior to impounding stored personal property, the City will provide notice in a conspicuous place at or near where the stored personal property was located with the following information:
1. A general description of the stored personal property;
2. The location of the stored personal property;
3. The date and time the notice was placed; and
4. A statement that the stored personal property has been impounded by the City and the process to re-claim.
(Ord. 1725, 11/5/2024)
§ 9.48.080. Storage of impounded personal property.
A. Stored personal property that is impounded pursuant to this chapter shall be stored by the City for a period of 90 days. If the owner of the stored personal property is reasonably ascertainable, the Police Chief, or his or her designee, shall make best efforts to promptly notify the owner of the procedure to claim his or her personal property.
B. The Police Chief, or his or her designee, shall return the stored personal property to its owner upon presentation of satisfactory evidence of ownership.
C. In the event the stored personal property is not claimed within 90 days, it may be subject to disposition per Police Department policy.
(Ord. 1725, 11/5/2024)
§ 9.48.090. Violations.
Notwithstanding any other provision of this code, any person in violation of any section of this chapter shall be guilty of a misdemeanor.
(Ord. 1725, 11/5/2024)
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: January 20, 2026
ITEM #: J.16
SUBJECT: Introduce and Waive the First Reading of an
Ordinance Revising Sections within Chapter 9.12,
"Regulation of Shopping Carts" to Title 9 of the
Woodland Municipal Code.
Recommendation for Action: Staff recommends that the City Council introduce and waive the first reading of an ordinance of the City Council of the City of Woodland, California revising sections within Chapter 9.12, “Regulation of Shopping Carts,” to Title 9 of the Woodland Municipal Code.
Staff Contact:
Ryan L. Kinnan, Chief of Police, 530-661-7813, [email protected] Victoria Danzl, Special Services Lieutenant, 530-661-7860, [email protected]
Background:
The purpose of this agenda item is to present proposed amendments to Chapter 9.12, Regulation of Shopping Carts, of Title 9 of the Woodland Municipal Code. Upon the Community Enhancement Specialist’s commencement of employment with the City of Woodland, it was identified that the handling of commercial shopping carts left within the city limits was not effective. This prompted a comprehensive review of existing procedures and enforcement practices.
As part of this effort, staff conducted research on ordinances and best practices implemented by other municipalities to address similar issues. The proposed revisions to Chapter 9.12 are informed by this research and are intended to align the City’s regulations with effective, current practices while improving consistency in enforcement.
Discussion:
The proposed amendments to Chapter 9.12 are intended to strengthen the City’s approach to preventing the removal and abandonment of shopping carts from retail properties through a more coordinated and accountable framework with local businesses. While the existing ordinance provides general authority to regulate shopping carts, staff has identified opportunities to improve effectiveness by clearly defining expectations for businesses and establishing consistent follow- through when carts are not properly managed.
A central component of the updated ordinance is the requirement for businesses to implement and maintain shopping cart loss prevention plans and containment systems. These measures are designed to proactively prevent carts from leaving store premises, rather than relying primarily on reactive enforcement once carts are abandoned in the community. By emphasizing prevention, the City seeks to reduce nuisance conditions, community blight, and safety hazards associated with displaced shopping carts.
The amendments also enhance accountability by clarifying enforcement mechanisms and penalties when businesses fail to comply with required loss prevention measures. Establishing clear consequences, along with defined actions and follow-through, ensures that the ordinance is
enforceable and applied consistently. This approach supports fair treatment of businesses while reinforcing their responsibility to manage shopping carts associated with their operations.
Overall, the proposed changes represent a collaborative strategy between the City and the business community. By setting clear standards, improving prevention requirements, and strengthening enforcement provisions, the updated ordinance is intended to reduce the number of shopping carts removed from retail sites, improve neighborhood conditions, and protect the public health, safety, and general welfare of the Woodland community.
Conclusion:
Staff recommends that the City Council introduce and waive the first reading of an ordinance of the City Council of the City of Woodland, California revising sections within Chapter 9.12, “Regulation of Shopping Carts,” to Title 9 of the Woodland Municipal Code.
Prepared by: Victoria Danzl, Lieutenant
Reviewed by: Ryan L. Kinnan, Chief of Police
Attachments:
1. Shopping Cart Plan (Draft)
2. Proposed Ordinance - Shopping Cart Ordinance Updates
City of Woodland
Shopping Cart Loss Prevention Plan & Annual Reporting
Woodland Municipal Code section 9.12.030(E) requires all retailers with 25 or more shopping carts to establish and maintain a Shopping Cart Loss Prevention Plan and annually report on the same on or before July 1 each year. The purpose of the plan and reporting is to have an effective means to manage, contain, and track down shopping carts in the City to avoid their abandonment, vandalism, or other misuse in the community. Failure to establish, update, and report on the plan is subject to penalty and fine starting at $100 per day, per cart.
Please annually complete all sections of this form, and attach any necessary documentation, then mail to City of Woodland, c/o _____________, 300 First Street, Woodland, CA 95695 or email to _________________.
General Information
Business Name
Primary Contact
Address
Email
Phone
City Business License No.: Expiration / / Annual Reporting
Carts In Use on July 1, Prior Year
Carts Lost/Abandoned Past 12m Recovered # Carts Vandalized Past 12m Repaired # Carts in Currently In Use
Business and Cart Signage
Every business that provides carts for customer use shall post conspicuous signs at or near each entrance to its parking lot and each public entrance to the premises notifying its customers that removal of carts from the premises is prohibited.
Every shopping cart provided by a business must have a sign permanently affixed to the cart that contains the following in English and Spanish (see, Bus. & Prof Code, § 22345.1)
1. Business name, address, and phone number;
2. Notice of the procedure for authorized removal of the cart from the premises; and
3. Notice that unauthorized removal of the cart from the premises or parking area of a retail establishment, or the unauthorized possession of the shopping cart, is a violation of state law and Chapter 9.12 of the City of Woodland Municipal Code.
Containment System – Barriers, Policies, Trainings
All retailers that offer shopping carts in the City are required to have a containment system that effectively prevents the removal of shopping carts from the business premises or parking lot and ensures carts are managed and contained during and after business hours. Explain, or attach a document detailing, your business’ containment system, including any physical barriers, wheel stops or other disabling devices, staff policies and trainings, community outreach, or vendors that aid in such. In the case of any lost, abandoned, or vandalized carts in the prior year, please explain additional measures to be implemented this year.
___________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________
Cart Retrieval: Please provide a detailed plan for retrieval of lost or abandoned carts within three business days of (1) knowledge of loss or abandonment or (2) express notice from the City of loss or abandonment.
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________
I, the undersigned, attest on behalf of the business first written above that the information provided herein is true and correct.
_________________________________________
Name:
Date:
ATTACHED
- Photo of business’ shopping cart identification sign
- Photo of business’ shopping cart warning signs
- Copy of all vendor contracts related to shopping cart management and confinement
ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WOODLAND AMENDING CHAPTER 9.12 OF TITLE 9 OF THE WOODLAND MUNICIPAL CODE
RELATING TO REGULATION OF SHOPPING CARTS
WHEREAS, the City of Woodland, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, the City finds that shopping carts abandoned, vandalized, used beyond the parking lots of retail centers, or otherwise used in ways beyond their intended purposes contributes to nuisance conditions and community blight and poses a threat to the public health, safety, and general welfare; and
WHEREAS, Chapter 9.12 of the Woodland Municipal Code “Regulation of Shopping Carts” regulates the possession and use of shopping carts in the City to the benefit of the public; and
WHEREAS, enforcement of Chapter 9.12 by authorized City agents, including but not limited to the Woodland Police Department, is ongoing; and
WHEREAS, City staff has identified that enforcement would be more effective, thereby further protective of the community, if certain changes are made to Chapter 9.12 specifically regarding shopping cart loss prevention plans, containment systems, and penalties, and those changes are shown in Exhibit A, attached hereto and incorporated herein by reference; and
WHEREAS, the proposed changes are exempt from environmental view under the California Environmental Quality Act, Public Resources Code section 21000 et seq. (“CEQA”), pursuant to CEQA Guidelines section 15061(b)(3) where it can be seen with certainty that regulations on the management of shopping carts have no potential to cause a significant effect on the environment and section 15308 where the regulation of shopping carts is for the protection of the environment to avoid abandonment, vandalism, or other misuse of shopping carts in the community; and
WHEREAS, the City Council wishes to memorialize the proposed changes to Chapter
9.12 to increase the effective enforcement of shopping cart regulation.
NOW, THEREFORE, the City Council of the City of Woodland does hereby ordain as follows:
SECTION 1. Recitals. The recitals set forth above, including definitions contained therein, are true and correct and are hereby incorporated herein as if set forth in full.
SECTION 2. Amendments. The following amendments are made to Chapter 9.12 “Regulation of Shopping Carts” of the City of Woodland Municipal Code.
Section 9.12.030 is hereby amended to read as shown in Exhibit A, attached hereto and incorporated herein for reference
Section 9.12.110 is hereby amended to read as shown in Exhibit A, attached hereto and incorporated herein for reference
SECTION 3. California Environmental Quality Act (CEQA). The City Council hereby finds the proposed changes to Chapter 9.12 of the City Municipal Code are exempt from environmental view under the California Environmental Quality Act, Public Resources Code section 21000 et seq. (“CEQA”), pursuant to CEQA Guidelines section 15061(b)(3) where it can be seen with certainty that regulations on the management of shopping carts have no potential to cause a significant effect on the environment and section 15308 where the regulation of shopping carts is for the protection of the environment to avoid abandonment, vandalism, or other misuse of shopping carts in the community.
SECTION 4. Severability. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
SECTION 5. Effective Date. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary thereof to be published in a newspaper of general circulation at least five (5) days prior to the meeting at which the proposed ordinance is to be adopted and shall post a certified copy of the proposed ordinance in the office of the City Clerk, and within fifteen (15) days of its adoption, shall cause a summary of it to be published, including the vote for and against the same, and shall post a certified copy of the adopted ordinance in the office of the City Clerk, in accordance with California Government Code Section 36933. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption
INTRODUCED at a regular meeting of the City Council of the City of Woodland, California on the 20th day of January 2026, and PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting on the 3rd day of February 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Tom Stallard, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Marissa Kersey, City Clerk Ethan Walsh, City Attorney
EXHIBIT A
PROPOSED, TRACKED CHANGES TO WOODLAND
MUNICIPAL CODE CHAPTER 9.12 REGULATION OF
SHOPPING CARTS
§ 9.12.010. Definitions.
As used in this chapter the following words and phrases shall have the meanings given in this section.
"Abandoned shopping cart" means any cart that is located outside the premises or parking lot of a retail establishment which provides the cart, except a cart that is in the physical possession of a person who has the written consent of the cart owner.
"Cart owner" means every person who, in connection with the conduct of a retail establishment owns, right-fully possesses or makes any cart available to patrons and/or the public. This shall include the owner's agent or authorized representative. "City" means the City of Woodland or its designated representatives. "City Manager" means the City Manager of the City or designee. "Contractor" means an authorized independent contractor approved by the City Council for the purpose of effecting the removal of abandoned shopping carts. "Identified cart" means a shopping cart that has a permanently affixed sign that identifies it, in accordance with Section 9.12.050 of this chapter.
"Parking area" means a parking lot or other property provided by a retail establishment for use by a customer for parking an automobile or other vehicle. In a multi-store complex or shopping center, "parking area" includes the entire parking area used by or controlled by the complex or center.
"Person" means a natural person, firm, association, organization, partnership, business, trust, corporation, limited liability company or other entity. "Retail establishment" means any trade establishment selling articles, commodities, services or any line of merchandise where shopping carts are made available for and used by its customers. "Shopping cart" or "cart" means a basket that 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. "Shopping cart" also includes a cart used in a coin-operated laundry or dry-cleaning retail establishment for purposes of transporting clothes and necessary cleaning materials. "Unidentified cart" means a shopping cart that is not an identified cart. § 9.12.020. Declaration of a public nuisance.
Any abandoned shopping cart is declared to constitute a public nuisance that could impede emergency services, interfere with pedestrian and vehicular traffic, reduce property values, promote blight and deterioration, comprise an attractive nuisance and create other hazards to the health, safety and general welfare of the community.
§ 9.12.030. Mandatory containment systems and loss prevention plan for shopping carts.
A. It is unlawful for any person owning a retail establishment located in the City where one or more shopping carts are available for customer use not to install and maintain an effective containment system to contain all shopping carts within the property boundaries of the business or adjacent parking area. The cart owner shall provide signage in a conspicuous location notifying shopping cart users that removal of shopping carts from the premises or parking area is prohibited without the written consent of the cart owner.
B. Containment systems shall be designed to effectively manage and contain the retail establishment’s shopping carts at all hours of the day, not only during business hours. The retail establishment shall ensure that all shopping carts are accounted for in the containment system at the close of business each day. Containment systems may include, but are not limited to, any one or combination of the following:
1. A physical barrier, such as bollards, restricting shopping carts from being removed from the business premises;
2. Shopping carts equipped with a protruding arm or similar device prohibiting the cart from being removed from the interior of the business;
3. Shopping carts equipped with a wheel-locking mechanism that is used in conjunction with an electronic barrier along the perimeter of the area shopping carts are allowed. The wheel-locking mechanism will activate when the shopping cart crosses the electronic barrier;
4. A system, which may be mechanical in nature, requiring a deposit to use a shopping cart. The deposit should be of a reasonable amount that would not deter the use of the cart, but would encourage the return of the cart. This system may include the rental or sale of carts that can be temporarily or permanently used for transport of purchases off-site;
5. Security guards posted to deter and stop customers who attempt to remove carts from the business premises.;
6. A policy mandating employees offer to escort customers to their vehicle, assist with unloading, and return the cart to a designated space; or
5.7. A policy designating a specific employee be responsible for management and control of all shopping carts during business hours and capture at the close of business.
C. In lieu of installing an effective containment system, a cart owner may obtain a waiver of this section from the City Manager by establishing, to the satisfaction of the City Manager, that
the cart owner maintains its own cart retrieval program that has been certified as effective by the City Manager. The City Manager will evaluate such programs according to a standard established by City Council resolution in order to ensure that cart retrieval programs achieve the goals of this chapter.
No enforcement action for violating this section may be taken against a cart owner who has a valid waiver pursuant to this subsection. The City Manager may revoke any waiver if the cart owner no longer qualifies for it.
D. For purposes of this section, "effective containment system" means a system that results in no more than five shopping carts being removed without the owner's consent from the business premises or parking area within any 12-month period. There is a rebuttable presumption that a cart found abandoned somewhere off the premises of the cart owner was removed from the premises without the cart owner's consent.
E. Each cart owner with twenty-five (25) or more shopping carts for use shall have a written shopping cart loss prevention plan detailing the containment systems and policies employed by the retail establishment to avoid the loss, stealing, abandonment, vandalism, or other misuse of shopping carts. On or before July 1 of each year, Eeach such cart owner must file with the City an annual evaluation of the cart owner's shopping cart loss prevention plan and a copy of the cart owner’s updated plan. Such annual evaluation shall include, at least, an inventory of carts in use, temporarily or permanently lost or stolen carts, repaired carts, and description of amendments to the owner’s shopping cart loss prevention plan to decrease adverse cart incidents. § 9.12.040. Removal of shopping carts from retail establishments prohibited.
It is unlawful for any person, other than a cart owner or its authorized representative, to remove a cart from the premises of the cart owner's retail establishment, unless the cart owner expressly authorizes its removal in writing.
§ 9.12.050. Mandatory marking of shopping carts.
A. The cart owner shall mark all shopping carts used in its business by its customers as required by Business and Professions Code Section 22435.1. The cart owner shall permanently affix a sign to each cart that:
1. Identifies the owner of the cart or the retailer, or both;
2. Notifies the public of the procedure to be utilized for authorized removal of the cart from the cart owner's premises;
3. Notifies the public that the unauthorized removal of the cart from the cart owner's premises or parking area or the unauthorized possession of the cart is a violation of State law; and
4. Lists a valid telephone number or address for returning the cart to the cart owner.
If the cart owner operates more than one store, the sign shall identify the location of the store where the cart is used.
B. Each day during which all of the carts of a cart owner are not marked as required by this section shall constitute a separate violation.
§ 9.12.060. Impounding of abandoned carts.
A. Identified Carts. The City, or a contractor, may remove and impound any abandoned identified shopping cart from any public or private property.
1. The cart shall be marked with a tag indicating the date and location of its discovery and shall be stored for 30 calendar days at a location selected by the City that is reasonably convenient to the cart owner and is open at least six hours of each business day.
2. Within 24 hours following the cart impoundment, the owner of an identified cart or his or her representative shall be given actual notice of the location where the cart may be claimed.
B. Unidentified Carts. The City, or a contractor, may remove and impound any abandoned unidentified shopping cart from any public or private property.
1. The unidentified cart shall be marked with a tag indicating the date and location of its discovery and shall be stored for 30 calendar days at a location selected by the City that is reasonably convenient to the cart's owner and is open at least six hours of each business day.
2. If there is any reasonably credible evidence on the cart of the name and address of its owner, within five business days following the cart impoundment, the cart owner shall be given actual notice of the location where the cart may be claimed. § 9.12.070. Nuisance abatement administrative fees and fines.
A. Administrative Fees. Except as provided in Section 9.12.080 of this chapter, an administrative fee to cover the City's cost for the removal, tagging and storage of abandoned shopping carts and associated administrative activities performed by the City, or a contractor, may be established by resolution of the City Council and imposed upon the owners of abandoned carts. Such fee shall not exceed the City's reasonable estimate of actual cost for such services.
B. Fines. In addition to the payment of an administrative fee as set forth in subsection A of this section and except as provided in Section 9.12.080 of this chapter, the owner of an impounded cart shall also be subject to a fine in the maximum amount established by Business and Professions Code Section 22435.7(f), as may be amended from time to time. The fine for identified carts shall be based on each occurrence in excess of three during any six-month period for failure to reclaim identified carts in accordance with Section 9.12.080 of this chapter. An occurrence includes all identified carts impounded by the City, or a contractor, in a one-day period. The fine for unidentified carts shall be the same fine amount as for each occurrence set forth in this subsection for identified carts but imposed on each unidentified cart impounded, beginning with the first unidentified cart impounded.
§ 9.12.080. Recovery by owner.
Claims to recover an impounded shopping cart shall be presented to the City in accordance with the following:
A. A cart owner or authorized representative, may, by appointment, inspect impounded carts to determine if any of the owner's carts are present.
B. A cart owner may reclaim an impounded cart at any time during normal business hours prior to disposal or destruction by paying all applicable administrative fees and fines, except as provided in subsection C of this section.
C. The owner of an identified cart may reclaim it within three business days following the date of actual notice of impoundment at no charge whatsoever, including the waiver of any administrative fees and fines that would otherwise be applicable pursuant to Section 9.12.070 of this chapter. Any identified cart reclaimed by the owner or his or her authorized representative within the three business days shall not be deemed an occurrence for purposes of Section
9.12.070(B) of this chapter. Any impounded identified cart that is not reclaimed by the owner within three business days following the date of actual notice of impoundment shall be subject to any applicable administrative fees and fines imposed pursuant to Section 9.12.070 of this chapter, commencing on the fourth business day following the date of actual notice of impoundment.
D. No cart shall be released to a person seeking to reclaim it, unless such person submits to the City reasonably credible evidence of ownership or right to possession of the impounded cart.
There shall be a presumption that an identified cart is owned by the business establishment designated on the cart.
E. Any release of a cart to a person deemed by the City to be entitled thereto, shall be an absolute defense of the City against any other person claiming to be entitled thereto. § 9.12.090. Disposal.
Any identified or unidentified cart may be sold or otherwise disposed of by the City, or a contractor, if not reclaimed within 30 days of receipt by the cart owner of a notice of impoundment, or within 30 days from the date of impoundment if no notice was required by this chapter. In the event an unclaimed cart remains unclaimed and is disposed of or destroyed, the City retains the right to collect any applicable fees and/or fines from the cart owner. § 9.12.100. Appeals of cart impound.
A person who can demonstrate that he or she is the owner of an impounded cart may appeal the imposition of the nuisance abatement administrative fee and/or fine by presenting evidence that the cart removal and storage was not performed substantially in accordance with the provisions of this chapter. Appeals shall be made in writing to the City Manager within 10 calendar days of the receipt of a request for an appeal. The cart owner or authorized representative shall appear and be heard on the matter. If the City Manager determines that the shopping cart was not removed and stored in substantial accordance with the provisions of this chapter, the nuisance
abatement administrative fee and/or fine shall be refunded. The decision of the City Manager shall be final.
§ 9.12.110. Penalty for violation.
A. Any violation of the provisions of this chapter shall be subject to summary abatement pursuant to Section 9.04.110. Any violation of this chapter shall also be subject to administrative citation and fine pursuant to Chapter 9.20. Each day and each cart on which a violation of any provision of this chapter exists shall be a new and separate violation.
B. Notwithstanding any other enforcement action allowed under this code, the City Council may also prescribe the civil fine for any cart owner who is given a civil citation for not having established an effective containment system or shopping cart loss prevention plan pursuant to Section 9.12.030 of this chapter.