6189ORDINANCE NO. 6189
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SUBSECTION .050 OF SECTION 7.52.050 OF CHAPTER 7.52
TO TITLE 7 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO SHOPPING CART CONTAINMENT AND
RETRIEVAL.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1.
That subsection .050 of Section 7.52.050 of Chapter 7.52 of Title 7 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".050 Revocation or Amendment by City.
.0501 Grounds. An approved Plan may be revoked by the City upon any of the following
grounds:
.01 The owner of any retail establishment is operating, or is permitting operation of, the
retail establishment in violation of one or more of the provisions of said approved Plan and has failed
to correct said violation(s) for a period of at least fifteen (15) calendar days following the date of
receipt of written notice of such violation(s) from the City; or
.02 The owner of any retail establishment with an approved Plan is operating, or is
permitting the operation of, the retail establishment in violation of one or more of the requirements
of this chapter and has failed to correct said violation(s) for a period of at least fifteen (15) calendar
days following the date of receipt of written notice of such violation(s) from the City; or
.03 The Cart Containment Plan, as approved, is inadequate to reasonably prevent the
removal of shopping carts from the premises of the retail establishment; or
.04 The Cart Retrieval Plan, as approved, is inadequate to ensure the prompt retrieval of
lost, stolen or abandoned shopping carts removed from the retail establishment. For purposes of this
subparagraph .04, the word "inadequate" is defined to include the retrieval of twenty (20) or more
lost, stolen or abandoned shopping carts within the City, by any enforcement personnel of the City
pursuant to the provisions of Chapter 7.50 of this Code, within two consecutive thirty (30) day
periods.
.0502 Order to Show Cause. If at anytime following the approval of a Plan, the Community
Preservation Manager of the City obtains information or evidence that any of the grounds set forth in
paragraph .0501 above may exist, the Community Preservation Manager shall issue a written Order
to Show Cause as to why the approved Plan should not be revoked and schedule a hearing thereon
which hearing shall not be less than fifteen (15) calendar days nor more than thirty (30) calendar days
following the date such Order to Show Cause is given to the owner of the retail establishment. The
Order shall state the grounds upon which it is proposed to revoke the approved Plan and shall include
the information and evidence, or a summary thereof, upon which such Order was issued.
.0503 Notice of Hearing. Notice of the hearing on any Order to Show Cause issued
pursuant to this section shall be given in the time and manner provided in subsection .030 above.
.0504 Conduct of Hearing. The hearing shall be conducted informally and the legal rules of
evidence shall not be applicable. The owner and the City shall each have the opportunity to present
evidence and witnesses. The parties may each be represented by legal counsel or other
representatives of their choice. The City shall bear the burden of proof to establish, by a
preponderance of the evidence, that grounds exist to revoke the Plan. The Community Preservation
Manager, at his or her discretion, and as an alternative to revocation, may consider amendment of the
Plan if the grounds for the Order to Show Cause are solely the inadequacy of the approved Plan.
Additionally, if the grounds for the Order to Show Cause are solely the inadequacy of the approved
Cart Retrieval Plan, the Community Preservation Manager, at his or her discretion, and as an
alternative to revocation, may require compliance with Section 7.52.030 of this chapter.
.0505 Decision of Community Preservation Manager. Within fifteen (15) calendar days
following conclusion of the hearing, the Community Preservation Manager shall render his or her
decision in writing either dismissing the proceedings or revoking or amending the Plan. If the Plan is
revoked or amended, the decision shall specify the findings of fact and the reasons for such action. If
the Plan is amended, the decision shall also specify the amendment(s) to the Plan.
.0506 Notice of Decision. Notice of the decision of the Community Preservation Manager
shall be given in the time and manner specified in subsection .030 above.
.0507 Appeal of Decision. The decision of the Community Preservation Manager shall be
subject to appeal by the owner within the time and manner specified in Section 7.52.060. In the
absence of a timely appeal, the decision of the Community Preservation Manager shall be final and
conclusive.
.0508 Use of Shopping Carts Following Revocation Prohibited. No owner of any retail
establishment which is subject to the requirements of this Chapter shall provide or make available
shopping carts for the use of customers following the date any decision revoking a Plan required and
approved pursuant to this chapter becomes final unless and until a new proposed Plan is approved by
the City for such retail establishment. Notwithstanding any other provision of this chapter, an owner
of a retail establishment shall not be eligible to submit a new proposed Plan to the City for
processing for a minimum of 180 days following the date any decision revoking the prior Plan for
such retail establishment becomes final. Any proposed Plan submitted to the City for such retail
establishment during said 180 day period shall be returned to the owner of the retail establishment as
untimely."
2
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for any
reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of the City
Council that it would have adopted all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared invalid.
SECTION 3. 1 SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shall in any manner affect the prosecution for violations of ordinances which violations were
committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or
the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as
they are substantially the same as ordinance provisions previously adopted by the City relating to the
same subject matter, shall be construed as restatements and continuations, and not as new
enactments.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 26th day of October , 2010, and thereafter
passed and adopted at a regular meeting of said City Council held on the 9th day of
November , 2010, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
1� D 40 AkAa
CITY CLERK OF THE CITY OF ANAHEIM
79585.Q/Wordon
3
CITY OF ANAHEIM
By:
/0ir!111!1kv1k1= -
AYOR OF TH T OF ANAHEIM
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
ORDINANCE NO. stag
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .050 OF SECTION 7.52.050 OF
ss.
CHAPTER 7.52 TO TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SHOPPING CART CON-
TAINMENT AND RETRIEVAL.
County of Orange )
THE CITY COUNCIL OF THE CITY -OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS:
I am a citizen of the United States and a resident
SECTION t.
That subsection :050 of Section 7.52.050 of Chapter 7.52 of Tide 7 of the Anaheim Municipal Code be, and the
of the County aforesaid; I am over the age of
same is hereby, amended to read as follows:
'.050 Revocation or Amendment by City•
eighteen years, and not a party to or interested in
0501 Grounds. An approved Plan may be revoked by the City upon any of the following grounds:
the above -entitled matter. I am the principal
01 The owner of any retail establishment is operating, or is permitting operation of, the retail establishment in vio-
lation of one « more of the provisions of said approved Plen and has failed to c«rect'said violation(s) for a period of at
least fifteen (15) calendar days following the date of receipt of written notice of such violation(s) from the City; or
clerk of the Anaheim Bulletin, a newspaper that
.02 The O11f1Bf of any retail establishment with an approved Plan is operating, ora is permitting the operates, of,
the retail establishment In violation of one « more of the requirements of this chapter nd has isiled"to correct said
has been adjudged to be a news a er of general
J g P P g
`mtobm($ a penod of at laagl fifteen (15) calender days following the date of receipt of written notice of such
violation tram the ClW or
circulation b the Superior Court of the County
Y P
03 The Cart containment Plan' as approved' a inadequate to reasonably Prsysnt'the removal of shopping carts
from the premises of the retail establ"ment; or
of Orange, State of California on December 28,
04 The Cart Retrieval Ilan, as approved, is inadequate to ensure the prompt retrieval of lost, stolen « abari-
doned shopping carts removed from the retail establishment. For purposes of this subparagraph .04. the word *inade-
more lost, stolen or abandoned shop nng carts within the City,
quate' a defined to include She retrieval of twenty, (20) or
by of the City pursuant to the provisions of Chapter 7.50 of this =a, within two consecutive
City
1951, Case No. A-21021 in and for the Ci of
enforcement pereorhnel
thirty day periods:
Anaheim, Countyof Orange, State of California;
g
0502 Order to show cause' d at an time following the approval of a Plan' the Community Preservation Auger
of the City obtains information`« evidence that any of the grounds set forth in paragraph .0501 above may exist, the Com-
issue written Order to Show 'Cause as to why the approved Plan should not be re -
is true
munity Preservation Manager shall a
wok and schedule a hewing thereon "rhich hearingshall not be leas than fifteen (15) calender days nor more than thirty
The Or-
that the notice of which the annexed a
(30) calendar days follorwhug the date such Order to Shaw Cause -is given to the an of the retail establishment.
n is proposed to revoke the approved Plan and shall include the information and
printed copy, has been published in each regular
der shad state the grounds upon which
evidence, «s summary Owed, upon which such Order was isshled.
this
0503 ,Notice of Hearing. Notice of the hearing on any Order to Stow Cause issued pursuant to section shall
and entire issue of said newspaper and not in any
be given in the time and manner provided in subsection .030 above'
thereof on the following dates, to
0504 Conduct of Hearing. The hearing shall be conducted lftormally, and the legal rules of evidence shell not be
applicable. The owner and the Cay shad each have flue So present evidence and witnesses. The perdw nhaY
be byy Iegal counsel or hither 4f men daioe. The Cttw shad -bear the border bf proof to
supplement
ch representor
tabdsh, by a prepornderarae of th_ evidenos, thhtt gretalds' oxkt to revoke tlus Pian The Camfnunity:lQrt Man-
for
.
wit:
er, at hie «her dhscreti«h, and seen aftemativa to na+rooadorh, may �' amendrrhent of the Plan n the grounds
e Order to Show Cause are alley the inadequacy otthe approved Frlarh Aadkionaly, d the grounds Aar titre Order to
igCommunity Preserve�tian Manager, � his
Show Choose are solely the inadequacy of tine ePproved Gmt Retrreval Plan,ihe
tier dishxetiorh, and seen anemative to revocatipn, may require corrnpiiance wilt+ section 752.030 of this chepMr: .
Nov. 18, 2010
or
0565 Decision Community Preservation Manager: W" Maim ry(15) calendar days following conclusion of the
hearing, the Community Preservation Manager shall render his or her decision in writing either dismiss'mg the proceed-
hearing,fad
revoking or amendfna the Plan. n the Pian Is revoked or amended, the decision shall specify the finding of
=the n the Plan is the decision shall also specify the amendment(s) to the Plan.
` I certify (or declare) under the penalty of
reasons for such action. amended, -
0506 Notice of Decision. Notice of the deciaion of the Community Preservation Manager shall be given in the time
perjury under the laws of the State of California
and manner specified in subsection .WO above'
by the
.0507 Appeal of Decision: The decision of the Community Preservation Manager shall be submit to appeal
in. Section 7.52.060. In the absence of a timely appeal,. the decrean °f the
that the foregoing is true and correct":
g g
owner within nee tine and manner specified
Community Preservation Manager shall be final and conclusive.
Orange County,
0508 Use of ShoppkV Carts Following Revocation Prohibited. No owner of any retail establishment which is sub-
=datethe requirements of this Chapter, shad provideor make available shoppping carts f« the use of customers following .
the dada achy decision revoking' a Pleur required and approver pureuent to tins ch er becomes final urdess and until a
f« retell eotablrelrmerm• T �Y PfOn of Utis
Executed at Santa Ana,
f1e, , Plan >s approved by the C'dy such
chap er, an owner of a retail establishment shalt not be tingible to submit a new proposed P en to the t �itY for processing
Plan for such retail establ' becomes
California, on
for a minimum of 180 days follovang the date any dertisfah the prior
shad turned
final. Any proposed Plan submitted to the City for such rMed during said 180day period !_ re
to the owner of the rated establishment as untimely.'
Date: Nov 18, 2010
SECTION 2. SEVERABILrrY.
The City Council of the City of Anaheim hereby declares But should ami section, subsection, paragraph, azar tence
herelSv ad leued kir �y reason Invalid by the final l'rmattt ar cast o
clause or word of this, ordinance
competent jurisdiction, ft, is the inla t aft the JW n would have adopted ad other portions of this o In-
(
dependent of the eikninanon hweft ,of any such pdrfdonas may be declared invalid.
SECTION s SAVMG CLAUSE
Neither the adoption of this ordinance n« the rapes) of any other ordinance of this City shall in any manner affect the
prosecution for vWhiflons of ordinimm s which violations were'u ornm to the effective date hareot, n« be am
of any license or penally « the panel provisions b to any violation thereof. The � 9
Signature
sued ice a waiver
this ordnrenc�9, w0far as are eu icily the same as ordinance provisions IxevioGslY adopted -by by
to the same subjeatrrnaW !_ construed as restatements and continuations, and not as new enaomeents. "
Anaheim Bulletin
THE FOREGOING ORDI IANCE was introduced ate regular meoling'of the City Council of vis City of Anefhsim (held
on the 28th day of October 2010, and.1ha'eedter passed and adopted at a regular meeting of said City CCbuncl held on the
Ave.
625 N. Grand Ave.
lith day of November, 2010, by the "Owing. rod cad vats:-
Santa Ana, CA
m
AYES: Mayor Pringle, Council Members Sldhu, Hearhdez, Gallaway, King'
(714) 796-2209
NOES: NONE
ABSENT: NONE
PROOF OF PUBLICATION
ABSTAIN: NONE arroFAf+uwElM
M
+"OF�Atr"
MAYOR OF THE ITY
ATTEST:
s(s Linda N. Andel
CITY CLERK OF THE CITY OF ANAHEIM