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Home My WebLink AboutORD NO 5097ORDINANCE NO. 5 0 9 7 ORDINANCE ENACTING CHAPTER 9.29 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO SHOPPING CARTS - CONTAINMENT. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 9.29 of the Bakersfield Municipal Code is hereby enacted to read as follows: Chapter 9.29 Shopping Carts -Containment 9.29.010 On -Site Shopping Cart Containment- Purpose. 9.29.020 Definitions. 9.29.030 Application. 9.29.040 Shopping Cart Containment Requirement. 9.29.050 Containment Methods. 9.29.060 Penalty. 9.29.010 On -Site Shopping Cart Containment- Purpose. It is the purpose of this Chapter to prevent or reduce the accumulation of abandoned shopping carts in the City. 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 throughout the City of Bakersfield. Therefore, the following development standards apply to property owners of retail establishments that provide shopping carts on -site for use by its patrons. 9.29.020 Definitions. Notwithstanding any provisions of this Code to the contrary, the following definitions shall apply to this Chapter: (a) Shopping Cart. A basket of any size, mounted on wheels, rollers or a similar device, including parts, provided by a retail establishment for the purpose of transporting groceries or merchandise of any kind within a retail establishment or parking area of that retail establishment. Ordinance Enacting Chapter 9.29 to the BMC Relating to Shopping Carts - Containment Page I (b) Abandoned Shopping Cart. A shopping cart left unattended, discarded or abandoned upon any private or public property other than the premises of the business establishment from which such shopping cart was removed, regardless of whether the shopping cart was removed with permission or consent of the owner. (c) Retail Establishment. Any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer. (d) Premises. The area maintained, managed or used by a retail establishment that provides shopping carts for its patrons, including the building, parking area, and adjacent walkways. (e) Parking Area. The parking lot or other property provided for use by its retail establishment patrons for parking automobiles or other vehicles. (f) Shopping Cart Containment Program. A prevention plan for purposes of preventing unauthorized removal of shopping carts by any person from the premises of a retail establishment. (g) Bollard. An upright post consisting of apiece of timber, concrete, metal or similar material fixed firmly in an upright position that creates a narrowed passageway restricting the removal of shopping carts from the premises. (h) Code Enforcement. The Code Enforcement of the City of Bakersfield or successor agency. 9.29.030 Application. The development standards and containment methods set forth herein to contain shopping carts on premises shall apply to all existing property owners of retail establishments that provide shopping carts on -site for use by its patrons 180 days after the effective date of this ordinance. All subsequent property owners of retail establishments shall comply immediately. 9.29.040 Shoppina Cart Containment Requirement. All property owners of retail establishments that provide shopping carts on -site for use by its patrons shall develop, implement and comply with a shopping cart containment program. Ordinance Enacting Chapter 9.29 to the BMC Relating to Shopping Carts - Containment Page 2 r (�;� OFIK-3UNAL Q-) 9.29.050. Containment Methods. A containment program shall include at least one of the following permitted methods to contain shopping carts on the premises: (a) Bollards. Installation of bollards; (b) Wheel Locking or Stopping Mechanisms. Equipping shopping carts with a wheel locking or stopping mechanism that is used in conjunction with an electronic or magnetic barrier along the premises of the retail establishment. The wheel locking or stopping mechanism must activate when the shopping cart crosses the electronic or magnetic barrier; (c) Customer Service. Designation of certain employees tasked to prevent the removal of shopping carts from the premises by assisting patrons with transporting groceries or merchandise to patrons' vehicles and then returning shopping carts to the location where the retail establishment keeps the shopping carts for its patrons; (d) Shopping Cart Deposit. Obtaining a security deposit from customers for the on - site use of shopping carts; (e) Other Methods. Other methods for onsite containment so long as Code Enforcement has approved the system or method which would effectively contain or control shopping carts on the premises. 9.29.060 Penalty. Violation of any provision of this Chapter may be punishable as an infraction, or misdemeanor pursuant to Bakersfield Municipal Code Section 1.40.010, an administrative citation pursuant to Bakersfield Municipal Code Section 1.40.020, an abatement of public nuisance pursuant to Bakersfield Municipal Code Chapter 8.80 or any other available remedies allowed by law. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ---------- 00000 ---------- Ordinance Enacting Chapter 9.29 to the BMC Relating to Shopping Carts - Containment Page 3 d. ()NGNAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by 1!1 9�fcil of the City of Bakersfield at a regular meeting thereof held on 2 , by the following vote: COUNCILMEMBER NPYff�� E S COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER V V V ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER APPROVED: JUL 13 2022 02/ By: IZAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attompy 10.1 VIRIDIAN -A GALLARDO-KING Deputy City Attorney 11 il'ULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield VGK/vlg S:\COUNCIL\Ords\21-22\9.29ShoppingCarts-Containment.Ord.Final.docx Ordinance Enacting Chapter 9.29 to the BMC Relating to Shopping Carts - Containment Page 4 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern JULIE DRIMAKIS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 15th day of July, 2022 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5097, passed by the Bakersfield City Council at a meeting held on the 13th day of July, 2022 and entitled: ORDINANCE ENACTING CHAPTER 9.29 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO SHOPPING CARTS - CONTAINMENT. JULIE DRIMAKIS, MMC City Clerk and Ex Officio of the Council of the City of Bakersfield UTY-City Clerk SADOCUMEWRFORMS�AORORD.wpd