Purpose

The purpose of this report is to detail to the City Council issues involving abandoned shopping carts and also provide information concerning public education relative to this matter.

Background

At the April 19, 2005 City Council meeting, Council Member Ramos requested staff to return at a later date with a report on the various practical ways the city may approach the increasing problems associated with abandoned shopping carts.  In addition, staff was asked to provide information concerning public education relative to this matter.

History

Abandoned shopping carts are an increasing code enforcement issue in many California communities.  It is a difficult issue to deal with because of a protective state law which limits a city�s ability to provide uninhibited and expeditious code enforcement relief.  This state law, which most California cities consider one-sided and onerous, will be furthered detailed later in this report. 

Abandoned shopping carts are considered a visual blight as well as a potential hazard for pedestrian and vehicular traffic on sidewalks, parkways, alleys, streets, flood control property, railroad crossings/tracks, and private property.  In addition, abandoned shopping carts raise the concern of health issues.  It is common to see these carts being used as trash receptacles prior to being returned to their owners.  Often such carts may be placed back into service without being properly washed or sanitized.

It is estimated that Burbank businesses have a shopping cart population in excess of 5,000 carts.  If at any particular time 10% of these carts are abandoned, this means a minimum of 500 carts are temporarily either on public or private property.  The number of abandoned carts increases if carts that originate from North Hollywood, Sun Valley, or Glendale locations are included in this estimate.  Because of the imposition of the protective state law, all California cities are limited in their efforts to expeditiously abate the blight and liabilities associated with abandoned shopping carts.  Consequently, California cities have to be very creative when trying to resolve problems with abandoned shopping carts.

In the last decade, abandoned shopping carts have increased significantly in Burbank.  This increase is primarily due to:

• The imposition of the California Shopping Cart Law

• The successes of additional large retail businesses which own shopping carts in Burbank  

• The demographic factors due to an aging population which widely utilizes shopping carts

• The cultural differences of a increasing immigrant population

• The socio-economic factor that a portion of the population does not possess, or drive a vehicle. 

• The move of a major retailer (Costco) from a border of Burbank to a more geographic interior location

Background

Current State Law

In 1997, Chapter 19 of the California Business and Professions Code was amended such that, with non-emergency or hazardous circumstances, there are restrictions on local governments for enacting legislation which would expedite the removal of abandoned shopping carts from the public right-of-way (the state law is attached as Exhibit A).  Consequently, because of the preemptions of the California Shopping Cart Law, local governments are limited in how to legislatively address the abandoned shopping cart issues.

This state law was adopted by the legislature through the strength of strong lobby efforts by special interest groups.  In retrospect, it is now widely known and understood that the law appears to have been adopted with a one-sided perspective which supports those special interest groups.  As such, the state law prevents expeditious abandoned shopping cart removal by local governments.  This disfavor to local government�s efforts to effectively deal with abandoned shopping carts is strongly defended by special interest groups whenever local jurisdictions attempt to �out legislate� the state law.

Provisions of the California Shopping Cart Law allow abandoned shopping carts, which are not impeding emergency services, to remain at the abandoned location for three working days (72-hours) prior to abatement efforts by a city.  Further, this law also requires that after the 72-hour period has lapsed and the abandoned shopping cart has been impounded, the local jurisdiction must notify the owner of the cart of the impoundment within a 24 hour period.

If the owner of the cart responds within three (3) working days to pick up a cart that has been impounded, no impound fee, storage fee, fine, or other charges may be rendered by the impounding authority.  Fees may only be levied beginning on the 4^th working day after the official notice of impoundment has been delivered.  In other words, it is very difficult for cities to recover enforcement costs, which includes impoundment fees, if the owner of the cart acts within three (3) working days in response to impoundment notification.  If an abandoned cart is not reclaimed 30 days after the impound notice has been given, then, and only then, can the impounding authority dispose of the abandoned cart.  Selling the cart isn�t much of an option, therefore the landfill is the most logical, yet environmentally unsound resolution, for resolving this portion of the abandoned shopping cart issue.

State law does not preclude the removal of a cart from the owner�s premises to be considered a theft.  However, rarely will a cart owner, if ever, press charges against clients for the removal of carts from their premises.  In addition, the actual removal of the cart from the premises must be witnessed to be considered a theft.  Consequently, it is not feasible to think that utilizing policing authority to cite persons with carts off premises will be a permanent solution.  To do so would temporarily require a re-prioritizing of police duties. 

Additional requirements of state law mandate that for the removal of a shopping cart from premises to be considered illegal, the cart must be equipped with a proper sign.  This sign must be permanently affixed to the cart and will:

• Identify the owner of the cart

• Notify the public of the procedure to be utilized for authorized removal of the cart from the premises (authorization must be in writing)

• Notify the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law

• List a valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer

How Do Other Cities Deal With This Issue?

Burbank is joined by many other California cities, such as San Jose, Long Beach, Berkeley, Oroville, Colton, and Milpitas who, short of seeking an amendment to the state law, are currently researching ways to effectively address this issue or have enacted their own ordinances.  There are two primary avenues most cities explore as solutions.  One avenue is to partner with the local retail industry, those who are primarily responsible for abandoned shopping carts, to educate both them and the public relative to the facts surrounding this matter.   The other avenue, which is a costly one, is to fund the application of strong enforcement of existing state law, and in some circumstances augment this program by adopting a local shopping cart ordinance. 

Educational Programs

Programs which stress public education basically function by teaching a community how to be a �watchdog� service for the California Shopping and Laundry Cart Law.  These programs provide the public with information concerning the provisions of the state law which protect abandoned shopping carts from expeditious municipal abatement.  Such programs also provide the public with telephone numbers of commercial cart retrieval services and the retail store telephone numbers for the owners of the abandoned shopping carts. 

Educational programs do provide some relief by spreading the word about state law in addition to providing the telephone numbers of who retrieves abandoned shopping carts.  However, educationally-based programs perpetuate stagnant perceptions concerning the acceptance of abandoned carts as being a part of a community�s normal landscape.  Unilaterally, educationally based programs do not stimulate, nor induce the largest   violators into taking more of a leadership role in resolving the hazards, blight, and unsanitary conditions their abandoned carts create.  

Educational programs may or may not have a large associated cost.  These programs can vary widely and may include some or all of the following elements:

• Intensified public information promotions including: press releases; utility inserts; seminars at senior centers; posters; information being distributed at local public and private schools, and city facilities; video productions by the Public Information Office to be aired on the public access channel; city website posting; Civic Pride Committee involvement; and information being provided to homeless advocacy organizations

• Partnering agreements between local government, shopping cart owners, and the Chamber of Commerce to conduct public informational campaigns

• Adopt an ordinance which mandates all businesses which have shopping carts be required to implement perpetual public information programs which are to be approved by the local municipality

• Some communities have augmented shopping cart educational programs with the inclusion of making available alternative �hauling� apparatus such as two or four-wheeled personal collapsible carts. These personal carts easily fold up and can be temporarily stored inside or under a commercial shopping cart.  After a sale of goods is completed, the purchased items are transferred to the collapsible personal cart and used for conveyance of goods to the destination point.  There have been some programs whereby municipalities have purchased the personal collapsible carts and made them available either free of charge, or at cost. These carts vary in price between $15 to $30.  Personal collapsible cart programs have been successful as long as funding has been sustained for replacing the carts when they become broken, stolen, lost, or removed from the city.

Targeted Code Enforcement Program With Dedicated Funding

Abandoned shopping cart programs which stress strong code enforcement targeted towards abatement of carts must function within the parameters of the state law.  These programs operate with personnel who are primarily dedicated to oversee abandoned shopping cart issues.  Usually programs of this nature are conducted by larger cities.    These programs must observe the state law requirement for: an observation standard of seventy-two hours; the twenty-four hour impoundment notification requirement; and, conclude with an impoundment which prohibits the collection of impound fees for the first three (3) days of impoundment.

A specialized code enforcement program such as this is usually not blended into the daily code enforcement routines for all inspectors.  A program of this sort is generally assigned to one inspector as their primary function.  The benefit of this type of an enforcement program is the immediate positive impact of abandoned cart removal from public property caused by planned �sweeps� of the city.  These �sweeps� pickup unmarked abandoned carts which may immediately be impounded and destroyed.    

Targeted abandoned shopping cart code enforcement programs can be very successful especially if they are coordinated to augment the work of commercial shopping cart retrieval services.  These retrieval services are already picking up carts for businesses which have contracted for this service.  However, shopping cart retrieval services will only pick up carts that belong to the businesses they are contracted with.  Not all businesses which have shopping carts subscribe to a commercial shopping cart retrieval service.

As mentioned, dedicated abandoned shopping cart code enforcement programs are costly, in addition to being a drain on personnel resources which are diverted from other code enforcement programs and priorities.  The success of these programs lasts as long as the funding provided to conduct this type of code enforcement continues.  Sustained success is dependent on continued funding and prioritization of workload assignments.  If funding appropriation is discontinued, the program deflates and continued success of the program is jeopardized.   

An example of this scenario is the City of San Jose.  In 2001, the City of San Jose adopted a shopping cart ordinance (San Jose staff report attached as Exhibit B). In addition to working within the parameters of state law, San Jose�s ordinance requires each business to provide an Abandoned Cart Prevention Plan which included a minimum of the following components:

• The name of the business

• An inventory of carts

• The installation of cart signage

• A customer and community outreach and notification plan

• Identification of best management plan or physical devices preventing loss

• Identification of authorized agent for retrieval including company information

• Employee training schedule concerning the required Abandoned Cart Prevention Plan

• The identification of business address contact information, the names of persons responsible for implementing the plan and information on who and how to contact the appropriate individuals to resolve any plan issues or violations

The San Jose ordinance requires that qualifying businesses, those with more than twenty-five (25) carts, file an Abandoned Cart Prevention Plan at the cost of between $135 to $150 per year.  It was proposed that $10 of this fee for the first year was to be utilized to fund a citywide educational outreach program.  The balance of the fee requirement would be augmented with Solid Waste Funds and be utilized to help fund the three (3) full-time positions hired to conduct this program. 

San Jose increased staffing levels by adding a code enforcement officer, a clerical position, and a street maintenance worker to monitor and enforce both the application of the city�s ordinance and the enforcement of the state law.  Although, San Jose�s approach was labor intensive, and thereby costly, theoretically their ordinance did provide General Fund cost recovery through the appropriation and collection of �plan� fees.

Generally, energies and resources dedicated to new cart retrieval programs initially have a favorable impact.  However, favorable impacts will dwindle as resources devoted to these programs are either: not renewed; severely cut; or, resources are re-deployed to other priority areas of code enforcement.  San Jose�s ordinance was successful for a couple of years.   However, in an effort to address a budget deficit, funding for this program was cut and remaining resources were reprioritized.   Recently, the City of San Jose reported to Burbank staff that San Jose�s Abandoned Shopping Cart Program is no longer effective because of the lack of dedicated personnel to enforce the ordinance.   

A New Approach

After three years of consideration and study, the City of Glendale has recently developed a third approach for dealing with the abandoned shopping carts.  This approach involves amending the Zone Text of their municipal code to define shopping cart usage as a land use.  As such, this effectively allows Glendale to develop its own standards for the way shopping carts are to be controlled by the businesses that own these carts.

The Glendale ordinance can mandate businesses which provide clientele with shopping carts to implement containment or control methods for keeping the carts from leaving the business premises.  Glendale�s ordinance doesn�t require a particular system or method for how containment or control is to be accomplished.  Instead, this ordinance sets a standard in the Zone Text that mandates that no more than five (5) carts may be off the business premises within a 24-hour period.   Violations of this standard would be considered a citable offense in addition to the business being required to install a containment system.

Containment, or control, can be achieved by new technologies such as magnetically locking wheels (MagTech), which the Burbank Target store at the Empire Center utilizes.  Or, containment or control can be something as simple as security personnel on the premises who make sure carts are not removed from those premises.  Additionally, Glendale�s ordinance also mandates that stores either maintain a self-retrieval service or utilize professional commercial cart retrieval services. 

The initial ordinance that Glendale staff presented to their City Council originally required a cart containment system be installed or implemented on the premises.  In other words, each store had to have a containment system in place so no carts (zero tolerance) would leave the premises.  However, after compromising with the California Grocers Association, the organization which spearheads state and local lobby efforts on behalf of special interests, thresholds were adopted which allow a certain number of carts, within a specified period of time, to be off the premises.    Businesses owning shopping carts in Glendale will be required to abide by Glendale�s Shopping Cart Ordinance on January 1, 2006.  Staff will continue to follow the progress of Glendale�s efforts to control the proliferation of abandoned shopping carts through this innovative ordinance.

Legislative Options

Staff was given direction to discuss practical ways to address abandoned shopping cart solutions.  Although not expeditiously practical, consideration for amending existing state law to provide more of a local government perspective is a solution.

The legislative process created the current California Shopping and Laundry Cart Law.  This law was enacted as a result of effective lobbying efforts through strong special interest groups.  These same lobbying techniques and efforts can be used to amend current state law to be more amenable towards local governments� interests.  The League of California Cities, in addition to Burbank�s local state legislators, are the primary legislative advocates for Burbank�s residents and businesses.  Therefore, inquiries can be made through appropriate administrative channels to determine if the League of California Cities and Burbank�s legislative representatives have an interest in assisting Burbank in this endeavor. 

Shopping Cart Retrieval Services

As previously mentioned, it is estimated that there is in excess of 5,000 shopping carts in Burbank (Costco alone has 750 carts).  When shopping carts are removed from the premises of the business which owns the carts they are usually retrieved by one, or a combination of four different ways, which are:

1. The business utilizes a commercial shopping cart retrieval service

2. The business conducts their own shopping cart retrieval

3. Abandoned shopping carts are returned by the public

4. Abandoned shopping carts are returned by City of Burbank staff

For large businesses, commercial shopping cart retrieval services are the predominant method for getting abandoned shopping carts returned.  Owner-conducted shopping cart retrieval is the predominant method of retuning carts for smaller businesses. 

Most commercial shopping cart retrieval services work with businesses through a contractual agreement.  Payment for retrieved carts can be based on a per-cart principle (example, $2 per cart), or on a per truck load principle (example, �X� amount of dollars for a minimum load of �X� number of carts).  Shopping cart retrieval services will only retrieve carts for businesses which have contractually agreed to pay for the service.   Consequently, if a cart retrieval service comes upon a group of abandoned carts at one location, they will only pick up the carts belonging to the businesses that have contracts with them while leaving the remaining carts.  

Businesses know that by state law their abandoned carts can remain abandoned for 72 hours before action can be taken by local government to remove the carts.  Consequently, in a cost saving effort many businesses do not contract with a shopping cart retrieval service for all seven (7) days a week.   Many businesses only utilize retrieval services for three (3) days a week.  This is a primary reason which protracts the amount of time a shopping cart will remain abandoned.

Environmental Issues

An argument can be made that shopping carts, in this case, abandoned shopping carts, provide an environmental benefit to a community.  Use of a shopping cart as a method of conveyance, does reduce the number of motor vehicles contributing to traffic congestion and thereby decreases associated air pollution in addition to decreasing the use of limited parking spaces within a community.

This argument can also be used for associated issues involving homeless persons.  The homeless population is not without advocacy, and as such, they can argue that abandoned shopping carts provide a means of conveyance for homeless persons� possessions.   Therefore, abandoned shopping carts provide a receptacle for items that would otherwise be strewn upon both public and private property.

At some point during the discussions of how to approach solutions to abandoned shopping carts, the issue of environmental pros (less traffic, air pollution, trash and debris, etc.), and cons (blight, theft, unsanitary and hazardous liabilities, and landfill issues), may be factors for consideration.  This report acknowledges that environmental pros and cons may exist. However, the report does not determine if benefits outweigh liabilities when studying the overall environmental impacts brought about by the use of shopping carts.

CONCLUSION

Cities shouldn�t have to wait 72 hours to abate visual blight especially when the blight is widely scattered throughout the community.  However, the California state law which regulates standards for abandoned shopping cart enforcement prevents local governments from acting expeditiously when trying to abate these carts.  Consequently, California cities, including Burbank, which try to abate the visual blight conditions and hazards brought about by abandoned shopping carts, must function within the parameters of this law. 

Staff believes the best solution to keeping abandoned shopping carts off public and private property is to enact a containment law.  This process would involve amending the Zone Text to define shopping cart use as a �land use� and as such mandate a zero tolerance containment requirement along with a required Cart Retrieval Plan.   This approach is considered a very �hardball� approach and can be viewed as not being business friendly.  Nonetheless, at this time the only way to prevent shopping carts from being abandoned is to stop them from being taken from the premises of which they belong.

There are two other primary plans of action most California cities utilize when trying to work within the restrictions of the state law.  Those plans of action are: targeted code enforcement programs with dedicated funding, and educational programs.  Of these two plans of action the most successful example of a strong program was San Jose�s target code enforcement program.  San Jose�s program funded dedicated staff and included program cost recovery.  In 2001/2002 San Jose was achieving success until fiscal policy changes brought about by budgetary deficits, required funding for this program to be cut.  Consequently, San Jose�s shopping cart ordinance no longer enjoys the success it once achieved. 

As mentioned, recently the City of Glendale adopted an innovative ordinance which can be considered a third method for addressing this issue.  Glendale�s ordinance, although untested, is a fresh approach which is premised on amending Glendale�s Zone Text to make the �use� of shopping carts, a land use.  Theoretically this broadens a city�s ability to control shopping carts because the state has limited abilities to interfere with local land use laws.  Therefore, Glendale was able to establish their own �land use� standards by limiting the number of carts abandoned within any particular timeframe.   The Burbank License and Code Services Division is very interested in Glendale�s approach and will closely be monitoring Glendale�s progress.

RECOMMENDATION

Staff has three (3) options concerning the issue of abandoned shopping carts. Those options are the choices of:  Option #1 (a short-term solution);  Option #2 (a Legislative Study); or, Option #3 (a final solution).  At this time staff recommends Council provide direction to immediately enact those elements of Option #1 which can be achieved quickly, such as, press releases, city website posting, and presentations at senior centers.  In addition, staff also recommends Council direct staff to return with a report on the progress of the Glendale ordinance within (4) four months after the compliance date of January 1, 2006.

Option # 1 (Short Term Option)

The short term option is for the License and Code Services Division to work in conjunction with the Public Information Office and the Public Works Department to develop a plan of action which includes, amongst other elements, a public education program campaign coupled with periodic �sweeps� of the city to pick up unmarked abandoned shopping carts.

Education Program

The education program would include the elements previously mentioned in this report, which are:

• Informational press releases

• Utility inserts

• Presentations at senior centers

• Information being distributed at public and private schools

• Video production for Channel 6 presentations by the Public Information Office

• City Website posting

• Chamber of Commerce information distribution

• Civic Pride Committee involvement

• Targeted mailings to multi-family residential properties

• Information being posted at Burbank Temporary Aid and other homeless assistance facilities in Burbank

• Consideration of a personal two or four-wheeled collapsible cart give away program or a program where the carts are provided at cost

Abandoned Shopping Cart Pickup �Sweeps�

Abandoned shopping cart pickup �sweeps� throughout the city would temporarily rid the community of abandoned unmarked shopping carts which are not protected by state law.  These unprotected carts are the carts which do not display the state-required signage and are therefore candidates for immediate abatement.   �Sweeps� of the city would involve the License and Code Services Division inspectors coordinating with the Public Works Department a systematic approach for conducting citywide inspections on a routine basis, such as once a month.  The Public Works Department has the necessary vehicular equipment to transport large loads of abandoned carts.  In addition, the Public Works Department would ultimately be the recipient of the carts at one of three locations:  the landfill; the Public Works Yard; or, the Public Works Recycling Center.

Option # 2 (Legislative Study)

• Making a formal request to Burbank�s state legislators and the League of California Cities to consider sponsoring and/or supporting a bill which would amend the California Shopping and Laundry Cart Law to more reasonably represent the interests of local government.

• Council appoint a Citizen Action Committee to study the issue of abandoned shopping carts and report back to Council within six (6) months with recommendations concerning this matter.  Composition of the committee could include the following members:

1. A Civic Pride Committee representative

2. Three (3) local managers of businesses. One manager from a large market (Vons, Ralphs, etc.), one manager from a large retailer (Costco, Kmart, Toys �R� Us), and, one manager or owner from a small market or retail business that utilizes shopping carts

3. Chamber of Commerce representative

4. Three (3) Burbank residents

5. City of Burbank staff members from License and Code Services, the Police Department, and the Public Works Department

6. Representative from a homeless advocacy organization such as Burbank Temporary Aid or the Burbank Salvation Army

Option #3 (Final Solution, Adopting Glendale�s Ordinance)

The third option is for Council to adopt Glendale�s new Shopping Cart Ordinance.   This would entail amending the Zone Text to make the use of shopping carts by businesses, a land use.  As such, as a part of this ordinance Burbank could either craft a mandatory shopping cart containment requirement, or establish acceptable daily threshold numbers for the quantity of carts abandoned on public or private property.

EXHIBITS

A.                State Shopping Cart Law

B.                 City of San Jose Shopping Cart Law Staff Report

Shopping Carts 2005

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