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Home My WebLink About10773ORDINANCE NO. 10773 AN ORDINANCE CREATING AND RESERVING SECTIONS 7-3- 52 THROUGH 7-3-61 FOR FUTURE ADDITIONS TO THE PUEBLO MUNICIPAL CODE AND CREATING A NEW ARTICLE V CONTAINING SECTIONS 7-3-62 THROUGH 7-3-72 OF CHAPTER 3 OF TITLE VII OF THE PUEBLO MUNICIPAL CODE REGULATING THE USE AND MANAGEMENT OF SHOPPING CARTS WITHIN THE CITY WHEREAS, increased theft and abandonment of shopping carts within the City is a growing problem; and WHEREAS, such actions create or facilitate nuisance conditions that require subsequent abatement by the City, consuming limited available resources that would otherwise be available for other public services or projects; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Sections 7-3-52 through 7-3-61 of the Pueblo Municipal Code are hereby created and reserved for future additions to the Code as follows (brackets indicate matter being deleted, underscoring indicates new matter being added): Secs. 7-3-527-3-61. - Reserved. SECTION 2. Article V of Chapter 3 of Title VII of the Pueblo Municipal Code is hereby created, containing Sections 7-3-62 through 7-3-72 which shall read as follows (brackets indicate matter being deleted, underscoring indicates new matter being added): ARTICLE V - Shopping Carts Sec. 7-3-62. - Definitions For the purpose of this Article, the following words shall have the meanings herein set forth: (1) "Abandoned shopping cart" means a shopping cart that has been removed from the premises of a retail establishment and which cannot, because of its location or condition, reasonably be used by customers for the transportation of goods. (2) "Shopping cart" means a transport basket having wheels or similar means of mobility and which is used by a customer for the transportation of goods. (3) "Premises" means any real property upon which a shopping cart is located. (4) "Retail establishment" means any business enterprise that sells goods directly to the public, whether it be a store, market, or similar place of business. (5) "Person" means any individual, firm, partnership, corporation, company, association, joint stock company, or other legal entity. (6) supplies, or materials designed to prevent removal of a shopping cart from the premises of a retail establishment and unlawful abandonment on public or private property. By way of example, Shopping Cart Management Systems may include, but are not limited to, electronic and mechanical locking systems, shopping cart retrieval systems, containment systems, radio frequency identification (RFID) tags, global positioning system (GPS) tracking devices, security cameras and surveillance systems, or software and technology solutions. (7) establishment identifying with reasonable specificity the Shopping Cart Management System to be implemented, steps which shall be taken to implement and dates by which such steps will be accomplished. Any such plan must have scheduled steps which will implement a qualifying Shopping Cart Management System on or before December 31, 2026. Sec. 7-3-63. - Abandoned Shopping Carts. (1) It shall be unlawful for any person to deposit, drop, or throw out any shopping cart on any public or private property except upon the property of the retail establishment which owns said shopping cart. (2) It shall be unlawful for the owner or occupant of any real property to permit an abandoned shopping cart to remain thereon. Sec. 7-3-64. - Responsibility of Retail Establishments. (1) Retail establishments shall be responsible for the proper management of all shopping carts located on their premises or in the City, whether owned by the retail establishment or provided for customer use by a third-party cart provider. (2) Retail establishments shall properly maintain and secure all shopping carts on their premises to prevent their unauthorized removal. (3) Retail establishments shall be responsible for the prompt retrieval and return of any shopping cart that is removed from their premises and located within the City. (4) Retail establishments shall clearly and conspicuously post notice, in a location visible to customers, of their responsibility for the proper management of shopping carts on their premises and in the City. Section 7-3-65. - Prohibitions. (1) No person shall remove a shopping cart from the premises of a retail establishment without the express written permission of the retail establishment. (2) No person shall abandon a shopping cart on public or private property within the City, including but not limited to sidewalks, streets, parks, alleys, or drainage ways. (3) No person shall tamper with or damage a shopping cart. Section 7-3-66. - Enforcement. (1) Any person who violates any provision of this Article shall be subject to a fine of not more than one hundred dollars ($100.00) for each violation. (2) Each day that a violation continues shall be considered a separate violation. Section 7-3-67. - Impoundment. (1) The City may impound any shopping cart that is abandoned on public or private property within the City and may assess a fee for the impoundment and storage of the shopping cart. A schedule of fees shall be adopted by a separate Resolution of City Council. (a) Any fees assessed for the impoundment and storage of a shopping cart occurring prior to December 31, 2026, may be waived by the City License Officer or other designee of the Mayor subject to and conditioned upon written application of the retail establishment demonstrating either the implementation of a Shopping Cart Management System or a Shopping Cart Management System Plan. (2) The retail establishment shall be notified of the impoundment and shall have the right to retrieve the impounded shopping cart upon payment of the impoundment fee. (3) If the shopping cart is not retrieved within thirty (30) days of impoundment, the City may dispose of the shopping cart. (4) Disposal of any impounded shopping cart by the City shall not relieve the retail establishment of its obligation to pay any accrued impoundment fees. (5) In accordance with Section 9-1-5 of this Code, the City License Officer shall not authorize the renewal of the business license of any retail establishment with outstanding or past-due impoundment fees. Secs. 7-3-687-3-72. - Reserved. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 4. This Ordinance shall become effective thirty (30) days after the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on June 10, 2024. Final adoption of Ordinance by City Council on September 9, 2024. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # R1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 9, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: AN ORDINANCE CREATING AND RESERVING SECTIONS 7-3-52 THROUGH 7-3-61 FOR FUTURE ADDITIONS TO THE PUEBLO MUNICIPAL CODE AND CREATING A NEW ARTICLE V CONTAINING SECTIONS 7-3-62 THROUGH 7-3-72 OF CHAPTER 3 OF TITLE VII OF THE PUEBLO MUNICIPAL CODE REGULATING THE USE AND MANAGEMENT OF SHOPPING CARTS WITHIN THE CITY SUMMARY: This Ordinance will amend Chapter 3 of Title VII of the Pueblo Municipal Code to regulate abandoned shopping carts and provide City staff with procedures for enforcement, recovery, transportation, storage, and disposal of abandoned shopping carts within the City. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Many retailers within the City provide shopping carts for the convenience of customers while shopping at their establishments. Shopping carts are frequently removed from retail store premises, however, and abandoned on both public and private property around the City, creating nuisance conditions. These carts are frequently recovered by City crews who then notify the respective cart owners that their carts have been located and that they can be picked up. With limited exceptions, retailers have generally refused to pick them up citing labor shortfalls or other company policy reasons. This Ordinance will add abandoned shopping carts as a specific category of solid waste regulated under Chapter 3 of Title VII of the Pueblo Municipal Code and provide procedures related to their recovery, transportation, storage, and disposal. The Ordinance will also provide for the establishment of fees to be set by a separate resolution of City Council which would be assessed against the respective owners of abandoned shopping carts. The Ordinance also provides that, through December 31, 2026, a retail establishment impactedby said fees may apply to the City License Officer for a waiver of those fees by demonstrating that the retailer has installed a shopping cart management system or that they have a qualifying shopping cart management plan. By establishing a financial incentive to prevent shopping carts from leaving retail premises, retailers may also adopt innovative measures for securing their carts and become more active participants in the recovery process when abandoned carts are located. FINANCIAL IMPLICATIONS: Revenues generated from shopping cart impoundment fees would be deposited into the City's General Fund. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: If City Council does not approve this Ordinance, the procedures for recovery, handling, and disposal of abandoned shopping carts will remain uncodified. RECOMMENDATION: Approve the proposed Ordinance. ATTACHMENTS: 1. Shopping Cart Ordinance Amendments - final 2