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HomeMy WebLinkAbout16417Docusign Envelope ID: A678F306-1 95C -8B32 -82B E-1 6359A026079 RESOLUTION NO. 16417 A RESOLUTION ESTABLISHING A SCHEDULE OF FEES FOR THE IMPOUNDMENT AND STORAGE OF ABANDONED SHOPPING CARTS PURSUANT TO SEC. 7-3-67 OF THE PUEBLO MUNICIPAL CODE WHEREAS, the Pueblo City Council adopted Ordinance No. 10773 on September 9, 2024, creating Article V of Chapter 3, Title VII of the Pueblo Municipal Code regulating the use and management of shopping carts within the City; and WHEREAS, Section 7-3-67(1) of the Pueblo Municipal Code authorizes the City to impound abandoned shopping carts and to assess a fee for the impoundment and storage of such carts, with the schedule of fees to be adopted by separate Resolution of City Council; and WHEREAS, the fees established herein are intended to reasonably recover the City's costs of recovery, transportation, storage, and disposal of abandoned shopping carts, and to create a financial incentive for retail establishments to implement effective Shopping Cart Management Systems as contemplated by the Ordinance; and WHEREAS, Section 7-3-67(1)(a) of the Pueblo Municipal Code provides that fees assessed prior to December 31, 2026, may be waived by the City License Officer or other designee of the Mayor upon written application demonstrating implementation of a Shopping Cart Management System or a qualifying Shopping Cart Management System Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The following schedule of fees for the impoundment and storage of abandoned shopping carts is hereby adopted pursuant to Section 7-3-67 of the Pueblo Municipal Code: Fee Category Amount Application Base $35.00 per cart Assessed per cart at the time of impoundment; Impoundment covers recovery, tagging, and transport to City Fee storage Daily Storage $2.00 per cart per day Assessed for each day a cart remains in City Fee storage, beginning the day after impoundment, up to a maximum of thirty (30) days Disposal $15.00 per cart Assessed if a cart is not retrieved within thirty (30) Administrative days of impoundment and is disposed of by the City; Fee accrues in addition to, and does not replace, any outstanding Base Impoundment Fee or Daily Storage Fee Repeat $50.00 per cart Applies to the fourth and each subsequent cart Impoundment (assessed in lieu of the impounded from the same retail establishment within Surcharge Base Impoundment any rolling thirty (30) day period Fee) Docusign Envelope ID: A678F306-1 95C -8B32 -82B E-1 6359A026079 SECTION 2. The maximum combined Base Impoundment Fee and Daily Storage Fee assessed for any single impounded cart, exclusive of any applicable Disposal Administrative Fee or Repeat Impoundment Surcharge, shall not exceed ninety-five dollars ($95.00). .qFrTInnl Consistent with Section 7-3-67(1)(a) of the Pueblo Municipal Code, any fee assessed under this Resolution for an impoundment occurring prior to December 31, 2026, may be waived by the City License Officer or other designee of the Mayor, upon written application by the retail establishment demonstrating either: 1. The implementation of a qualifying Shopping Cart Management System; or 2. The adoption of a Shopping Cart Management System Plan meeting the requirements of Section 7-3-62(7) of the Pueblo Municipal Code. SECTION 4. All fees assessed pursuant to this Resolution shall be payable by the retail establishment prior to retrieval of an impounded shopping cart, and outstanding or past -due fees shall be subject to the business license renewal restrictions set forth in Section 9-1-5 of the Pueblo Municipal Code. SECTION 5. All revenues collected pursuant to this fee schedule shall be deposited into the City's General Fund. .qFrTInnl R This Resolution shall become effective immediately upon adoption by City Council. SECTION 7. City staff shall review this fee schedule no later than January 31, 2027, following expiration of the waiver period established in Section 7-3-67(1)(a) of the Pueblo Municipal Code, and shall report to City Council any recommended adjustments. INTRODUCED: August 24, 2026 Docusigned by: I 'i" ATTESTED BY: CITY CLERK BY: Roger Gomez MEMBER OF 9iIcQJ3ClL I v APPROVED: (i(( PRESIDENT OF CITY COUNCIL Docusign Envelope ID: A678F306-1 95C -8B32 -82B E-1 6359A026079 City Clerk's Office Item # 05 COUNCIL MEETING DATE: August 24, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: A RESOLUTION ESTABLISHING A SCHEDULE OF FEES FOR THE IMPOUNDMENT AND STORAGE OF ABANDONED SHOPPING CARTS PURSUANT TO SEC. 7-3-67 OF THE PUEBLO MUNICIPAL CODE SUMMARY: This Resolution establishes a fee schedule related to the impoundment and storage of abandoned shopping carts in accordance with the provisions of Sec. 7-3-67 of the Pueblo Municipal Code. PREVIOUS COUNCIL ACTION: City Council passed Ordinance No. 10773 on September 9, 2024, creating a new Article V of Chapter 3 of Title VII of the Pueblo Municipal Code regulating the use and management of shopping carts within the City. BACKGROUND: Ordinance No. 10773 established requirements regarding the use and management of shopping carts within the City, including provisions for retail establishments offering shopping carts for customers and for individuals using those carts. The updated Code authorizes the City to impound shopping carts abandoned on public or private property within the City. Sec. 7-3-67 of the Pueblo Municipal Code also authorizes the City to assess a fee for the impoundment and storage of abandoned shopping carts and requires that schedule of fees be adopted by a separate resolution of City Council. The purpose of this Resolution is to recover the resources consumed by abatement while creating a financial incentive for retailers to install cart management systems. FINANCIAL IMPLICATIONS: Upon approval of the Resolution, the following fee schedule will be adopted Docusign Envelope ID: A678F306-1 95C -8B32 -82B E-1 6359A026079 Fee Category Amount Application Base $35.00 per cart Assessed per cart at the time of impoundment; Impoundment covers recovery, tagging, and transport to City Fee storage Daily Storage $2.00 per cart per day Assessed for each day a cart remains in City Fee storage, beginning the day after impoundment, up to a maximum of thirty (30) days Disposal $15.00 per cart Assessed if a cart is not retrieved within thirty Administrative (30) days of impoundment and is disposed of Fee by the City; accrues in addition to, and does not replace, any outstanding Base Impoundment Fee or Daily Storage Fee Repeat $50.00 per cart Applies to the fourth and each subsequent cart Impoundment (assessed in lieu of impounded from the same retail establishment Surcharge the Base within any rolling thirty (30) day period Impoundment Fee) BOARD/COMMISSION RECOMMENDATION: Not applicable to this Resolution. STAKEHOLDER PROCESS: Not applicable to this Resolution. ALTERNATIVES: Failure to approve this Resolution will preclude the adoption of the fee schedule required under Sec. 7-3-67 of the Pueblo Municipal Code. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: None