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HomeMy WebLinkAboutG38-00 (2) Ordinance No. G38-00 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, BY ADDING CHAPTER 6 . 61 THERETO ENTITLED "SHOPPING CARTS" WHEREAS, abandoned shopping carts interfere with pedestrian and vehicular traffic within the city; and WHEREAS, the accumulation of wrecked, dismantled and abandoned shopping carts on public property also tends to create conditions that reduce property values, promoting blight and deterioration in the city; and WHEREAS, abandoned shopping carts create other hazards to the public health and safety and otherwise constitute a nuisance; and WHEREAS, the City of Elgin is a home rule unit and may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of shopping carts so as to reduce interference with pedestrian and vehicular traffic and reduce the nuisance effect thereof pertain to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Title 6 of the Elgin Municipal Code, 1976, as amended, entitled "Business Licenses and Regulation" be and is hereby further amended by adding thereto Chapter 6 . 61 entitled "Shopping Carts" to read as follows : "CHAPTER 6 . 61 SHOPPING CARTS 6 . 61 . 010 DEFINITIONS . A. Owner. "Owner" means a person or business establishment owning, making available or using shopping carts in connection with its business. B. Person. "Person" means and includes a natural person, firm, partnership, association, sole proprietorship or corporation as well as any agents, representatives or employees thereof . C. Shopping Cart . "Shopping Cart" means a basket which is mounted on wheels or a similar device generally used in a retail establishment, grocery store or a laundromat by a customer for the purpose of transporting goods of any kind. 6 . 61 . 020 SHOPPING CART REMOVAL FROM BUSINESS PREMISES PROHIBITED. It shall be unlawful for any person to remove any shopping cart from the premises or parking area of any business establishment . The provisions of this section shall not apply to the removal by the owners or employees of the business . 6 . 61 . 030 ABANDONMENT PROHIBITED. It shall be unlawful for any person to abandon or leave any shopping cart which has been removed from the premises of a business establishment upon any public street, alley, sidewalk, parkway or other public property, or upon any private property except that of the owner of such shopping cart . 6 . 61 . 040 POSSESSION OF SHOPPING CART OFF BUSINESS PREMISES PROHIBITED. It shall be unlawful for any person to have in his possession any shopping cart which has been removed from the owner ' s premises . The provisions of this section shall not apply to possession by the owner or its employees of the business, nor to possession by any person possessing the express written consent of the owner or its authorized agent . 6 . 61 . 050 POSTING OF NOTICE . Each business establishment furnishing shopping carts for its customers shall post prominently and conspicuously at all entrances and exits to its business establishment a notice in substantially the following form: "THE REMOVAL OF SHOPPING CARTS FROM THIS ESTABLISHMENT ' S PROPERTY IS PROHIBITED BY ELGIN MUNICIPAL CODE CHAPTER 6 . 61 AND WILL SUBJECT THE VIOLATOR TO A MINIMUM FINE OF $100 . 00 . " Such notice shall be placed in such a position and be of sufficient size and legibility so as to insure that the persons leaving such places of business shall be fully informed of the prohibitory provisions contained in this chapter. 6 . 61 . 060 SHOPPING CART COLLECTION BY OWNER. All shopping carts left in a business establishment ' s parking lot and in adjacent outside areas shall be collected at regular intervals throughout the day and at closing by the business establishment ' s personnel . Shopping carts shall be stored either inside the building or in an outside storage rack. 6 . 61 . 070 SHOPPING CART IDENTIFICATION REQUIRED. Every person who, in connection with the conduct of business including but not limited to the retail sale of groceries, owns or makes any shopping cart available to the public, shall mark or cause each shopping cart to be marked and identified conspicuously with the name of the owner, name of the business establishment and the address of such business establishment . 6 . 61 . 080 CITY ABATEMENT. All shopping carts remaining in any location other than the business establishment shall be deemed abandoned and may be collected and stored by or on behalf of the city. The city shall cause written notification to be sent to the owner of such a shopping cart of any abandoned shopping cart that has been collected by or on behalf of the city. The owner shall within fourteen (14) days from the date of the notification retrieve the shopping cart from the specified storage location. Commencing with the fourth such notification in any calendar year to an owner regarding an abandoned shopping cart the owner of the shopping cart shall be liable for and shall pay to the city a retrieval and storage fee in the amount of $25 for each cart collected by or on behalf of the city and retrieved by the owner. Any shopping cart not reclaimed by the owner from the specified storage location within fourteen (14) days after notification to the owner shall be sold or otherwise disposed of by or on behalf of the city. The owner of any shopping cart disposed of by or on behalf of the city shall be liable for and shall pay to the city a disposition fee of $150 for each shopping cart disposed. The city manager is authorized in the city manager' s discretion to retain the services of a private firm to perform on behalf of the city the functions relating to the collection, storage, notification and disposal of shopping cars. 6 . 61 . 090 PENALTY FOR VIOLATION. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter, in addition to the fees and charges established in this chapter, shall be guilty of an offense and shall be punished by fine of not less than $100 nor more than a fine of $500 . Each day during which a violation of this chapter continues or is permitted to exist shall be considered a separate and distinct offense . 6 . 61 . 100 SEVERABILITY. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and its application to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to the legislative intent of the city council that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been included. " Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect from and after September 1, 2000 . s/ Ed Schock Ed Schock, Mayor Presented: June 28, 2000 Passed: June 28 , 2000 Omnibus Vote: Yeas 7 Nays 0 Recorded: June 29, 2000 Published: June 30, 2000 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk „c4OFE,Ci City of Elgin Mayor oR0 Ed Schock 4TED EE8 Council Members Juan Figueroa Robert Gilliam Ruth Munson John Walters September 28, 2000 Stuart Wasilowski Marie Yearman City Manager Joyce A. Parker Dear Store Manager/owner: The Elgin City Council recently adopted an ordinance regulating the use of shopping carts. A copy of the ordinance is enclosed. This ordinance went into effect on September 1, 2000. Section 6.61.050 of the ordinance requires each store to post signs at all entrances and exits which state the following "THE REMOVAL OF SHOPPING CARTS FROM THIS ESTABLISHMENT'S PROPERTY IS PROHIBITED BY ELGIN MUNICIPAL CODE CHAPTER 6.61 AND WILL SUBJECT THE VIOLATOR TO A MINIMUM FINE OF $100.00". The ordinance further states that the signs need to be of sufficient size and legibility so as to insure that persons leaving the business will know about the penalty for removing a cart. It may also be advisable to include signs in Spanish where appropriate. Carts must have proper identification on them. The ordinance requires the city to retrieve carts that are found off the store's property and there will be charges for returning or disposal of the carts. In order to afford the affected businesses adequate time to post the required signs and inform their customers, the city will not begin enforcement until after November 17, 2000. An inspection will be conducted at that time to determine compliance with the sign requirements. Please read the enclosed ordinance carefully and if you have any questions, contact me at (847) 931-5924. Sincerely, CITY OF ELGIN 111 Michael J. Millikan, Manager Property Maintenance Division Department of Code Administration and Development Services C: Joyce A. Parker, City Manager Jerry Deering, Director of Code Administration John Loete, Director of Public Works William Miller, Chief of Police 150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 • TDD 847/931-5616 Primed on recycled Dade, COMMITTEE OF THE WHOLE MEETING JUNE 14, 2000 The rescheduled regular Committee of the Whole meeting was called to order by Mayor Schock at 5 : 00 p.m. in the Council Chambers . Present : Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Absent : None. Approval of Minutes Councilwoman Yearman made a motion, seconded by Councilman Walters, to approve the minutes of the May 24 , 2000, meeting. Upon a roll call vote : Yeas : Councilmembers Figueroa, Walters, Yearman and Mayor Schock. Nays : None . Councilmembers Gilliam, Munson and Wasilowski voted present . Consideration of Construction Management Services for the Family Recreation Center A resolution will be presented at tonight ' s Council meeting for adoption by the City Council . Consideration of a Riverfront/Center City Master Plan Implementation Agreement with Vandewalle and Associates A resolution will be presented at tonight ' s Council meeting for adoption by the City Council . Consideration of a Resolution Appointing a City Council Person to Serve as a Liaison to Study the Issue of Homelessness in Elgin Councilman Figueroa stated that a study will determine the feasibility of a permanent site, funding options, possible site for the shelter, and ways of assisting the homeless to become self-sufficient . The goal is to cooperate with other local organizations and to obtain input from the community. Councilman Gilliam stated that he is opposed to having a permanent homeless shelter in Elgin, and he believes there would be difficulty in finding a location that would be acceptable to the neighborhood. A resolution will be presented at tonight ' s Council meeting for adoption by the City Council . Consideration of a Shopping Cart Ordinance Councilman Wasilowski advised that a meeting had been held with grocery retailers regarding the proposed shopping cart ordinance . He reported that the retailers didn' t generally oppose the ordinance but asked that consideration be given of the fact that they have no control over who removes the carts ' Committee of the Whole Meeting June 14 , 2000 Page 2 from their property. They felt it was unfair to fine the stores if a shopping cart was picked up by the city. After a review of their comments and suggestions, the ordinance originally presented to the Council has been amended to provide for three warning notices per year for each store . After the third warning in any year, the store will be charged a retrieval fee of $25 per cart . Councilman Figueroa made a motion, seconded by Councilman Wasilowski, to approve the proposed ordinance with the recommended changes . Upon a roll call vote : Yeas : Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None . Consideration of a Neighborhood Business Improvement Application for Property Located at 163 North Edison Street Councilman Gilliam made a motion, seconded by Councilman Walters, to approve an agreement with Andrea L. Gumm in the amount of $4, 336 . 53 . Upon a roll call vote: Yeas : Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None . Consideration of a Joint Agreement with the Illinois Department of Transportation for Illinois Route 31 and Winq Street Improvements Councilman Walters made a motion, seconded by Councilwoman Munson, to approve the proposed agreement . Upon a roll call vote: Yeas : Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None . Consideration of an Amendment to an Engineering Services Agreement with R. H. Anderson for Illinois Route 31 and Winq Street Intersection Improvements Councilman Gilliam made a motion, seconded by Councilman Walters, to approve the proposed amendment . Upon a roll call vote : Yeas : Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None. Consideration of a Proposed Ordinance Amending the Peddlers and Solicitors Ordinance Councilwoman Yearman made a motion, seconded by Councilman Figueroa, to approve the proposed ordinance but change the hours from 9 : 00 a.m. to 8 : 00 p.m. Upon a roll call vote : Yeas : Councilmembers Figueroa, Gilliam, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None . • of Foci City of Elgin Agenda Item No. 0. !n rook TED ' j E Th June 7, 2000 G � � ti .iii, 1 . .if 1 TO: Mayor and Members of the City Council NEIGHBORHOOD VITALITY FROM: Joyce A. Parker, City Manager SUBJECT: Shopping Cart Ordinance PURPOSE The purpose of this memorandum is to provide information to the Mayor and members of the City Council to consider adoption of an ordinance to regulate the use and abandonment of shopping carts . BACKGROUND The City Council recently reviewed a proposed ordinance regulating the use of shopping carts. Staff was directed to talk with the.._ stores that would be affected by this ordinance and get their inpu€ on the issue. A letter was sent to all stores that use shopping carts informing them of the proposed ordinance and inviting them to come to a meeting to discuss it. A meeting was held on March 30, 2000 . Six stores sent representative to the meeting. The stores were; Butera, Ace Hardware, Eagle Food Store, Menards, Walgreen' s Drug Store, and Dominick' s Food Store. Along with these stores, the meeting was also attended by Councilman Stuart Wasilowski, Police Chief William Miller, Community Development Manager Mark Biernacki, Corporation Counsel William Cogley, and several other staff from the Police and Code Administration Departments . The store representatives all stated that the ordinance was a good idea but they had concerns regarding several sections . The main concern involved the fine portion where the stores would be fined if a shopping cart were picked up by the city. They all felt that this was unfair because they do not give people permission to take the carts. They also would like to see the city store the carts and give them ample time to retrieve them at no cost. After reviewing the comments and suggestions from the store representatives and reviewing the proposed ordinance again, staff is recommending several several changes to the ordinance reviewed r Shopping Cart Ordinance June 2, 2000 Page 2 by the Council last February. Attached to this memo is the original memo from the February 23 council meeting, the ordinance as proposed at the February council meeting and the minutes from the meeting staff had with the store representatives . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED A letter and copy of the proposed ordinance was mailed to each store. A meeting with store representative was held as detailed above . TA- FINANCIAL IMPACT The fees and fines outlined in the proposal are intended to cover the costs of operating the program. However, after there is some experience in administering the shopping cart program, the City Council may have to reevaluate whether or not the city' s costs are covered by the fees and fines. (011141/LEGAL IMPACT None. ALTERNATIVES One alternative would be to adopt the ordinance as previously submitted. Another alternative would be to not enact an ordinance and leave the collection of shopping carts to the city at it' s expense. RECOMMENDATION It is recommended that the ordinance previously reviewed (copy attached) by the City Council be approved with the following changes : 1 . Amend Section 6. 61 . 080 "City Abatement" to provide for a series of three warning notices per year for each store. After the third warning in any year, carts collected from the offending store will be charged a retrieval fee of $25 per cart . The carts will be stored for a period of up to fourteen (14) days at which time if they are not retrieved by the store, they will be disposed of. The City will provide written notification to the store listed on the cart . r Shopping Cart Ordinance June 2, 2000 Page 3 2 . Add a new section that will give the city the right to hire a private contractor to retrieve and store shopping carts on behalf of the city. It is recommended that the ordinance be made effective on September 1, 2000 . This will allow the city time to put the proper enforcement effort in place and it will allow the stores time to prepare and properly notify their customers of the new ordinance. Re: •_ctfully submitt a. * Jove A. Parker City Manager JAP/jd DEPARTMENT OF CODE ADMINISTRATION_ AND DEVELOPMENT SERVICES Date: April 10, 2000 To: Joyce A. Parker, City Manager From: Mark Biernacki, Community Development Manager Subject: Shopping Cart Ordinance A meeting was conducted on March 30, 2000 with owners and managers of local stores to discuss the proposed shopping cart ordinance. Six stores sent representatives to the meeting. A list of the attendees is attached. In addition to the store representatives, others in attendance included; Stuart Wasilowski, Bill Cogley, Police Chief Bill Miller, and several others from the Police and Code Departments. After briefly reviewing the proposed ordinance, the meeting was opened up for general comments and suggestions. The overall consensus of those in attendance was that the ordinance was a positive step in addressing the issue. The main issue of contention involved the automatic fine levied against the store when a cart is found. All of the store representatives felt that this was unfair and inappropriate. Everyone agreed that a more appropriate approach would be to have the City pick up the carts and then notify the stores to come and get them. Then if they do not do so within a specified time,to levy a fine and/or dispose of the carts. Some other comments expressed included; Fining store owners is not legal; Fine costs may have to be added to prices paid by consumers; The city should consider a storage and/or pickup fee; Structure the ordinance so a store does not have to sign a complaint against a violator; Pick-up is not easy because the carts are hard to get in a vehicle; Stores are concerned about confrontations with people who have the carts; Some of the stores were not aware of the problem and feel that it does not affect them; How do we deal with the people who have no other way to get their groceries home; Signs notifying people of the ordinance is a good idea; Because of the property lot dimensions, some stores will not be able to install electronic fence systems; Structure the ordinance so that it is a crime to have possession of a cart off of the store's property and intent to steal is not a requirement to be charged. The general consensus of the store representatives was that we should proceed with the ordinance but make a few changes. The ordinance should not penalize stores simply for having carts found off of their property. They should be given an opportunity to retrieve them and if they do not do so, then a fine would be appropriate. They also agreed that the city should pick up the stray carts when we find them and store them until the stores are notified to pick them up. Staff raised the concern that this would encourage stores to wait until being notified by the city instead of retrieving the carts themselves in effect causing the city to become the collection agency for the stores. Staff recommends that the $25 retrieval fee be kept as specified in Section 6.61.080 of the proposed ordinance. The store representatives were not in favor of this fee. As a possible alternative, a system of allowing 3 warning notices per year without a fee could be created thus allowing those stores that do not have a frequent problem to retrieve an occasional shopping cart without penalty. After discussing the concerns and comments of the store representatives and reviewing the ordinance further, staff is recommending that the ordinance be returned to the City Council with a few changes as outlined here. Amend Section 6.61.080"City Abatement" as follows: Amend the language that requires the $25 retrieval fee to state that each store will be issued a maximum of three warning notices per year regarding the retrieval of the store's shopping carts by the city. All shopping carts retrieved by the city after the store has been issued the three warnings will be subject to a$25 retrieval fee per cart. Amend Section 6.61.090"Penalty for Violation"to make the $100 fine applicable to persons who violate the ordinance by removing a shopping cart from the store property. The stores already are subject to a$25 retrieval fee and$150 disposition fee per cart. The current language would also make the stores subject to the$100 fine as well and staff feels that this is inappropriate. Consider a possible addition to the ordinance providing the city with the authority to hire a private contractor to retrieve and store carts so city staff will not have to devote resources to this endeavor. These issues will need to go to the Corporation Counsel's Office for review. Attendance Roster Shopping Cart Ordinance Meeting March 30, 2000 Store Representatives: Mark Scala Dominicks Finer Foods Doug Sorenson Walgreens Drug Store - 815 Summit St. Joseph Butera Butera Foods Richard Fischer Attorney for Butera Foods Richard Wickmick Eagle Food Store - Big Timber Shopping Center David Ziegler Ace Hardware Marty Fischor Menards Keith Lang Menards Stuart Wasilowski Elgin City Council City Staff Mark Biernacki Community Development Manager William Miller Police Chief William Cogley Corporation Counsel Jerry Deering Code Administration Director Enrique Santiago ROPE Officer Tim Young ROPE Officer Mike Millikan Code Administration DRAFT 1/20/00 rm. RORD/SHOPCART Ordinance No. G AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, BY ADDING CHAPTER 6 . 61 THERETO ENTITLED "SHOPPING CARTS" WHEREAS, abandoned shopping carts interfere with pedestrian and vehicular traffic within the city; and WHEREAS, the accumulation of wrecked, dismantled and abandoned shopping carts on public property also tends to create conditions that reduce property values, promoting blight and deterioration in the city; and WHEREAS, abandoned shopping carts create other hazards to the public health and safety and otherwise constitute a nuisance; and WHEREAS, the City of Elgin is a home rule unit and may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of shopping carts so as to reduce interference with pedestrian and vehicular traffic and reduce the nuisance effect thereof pertain to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Title 6 of the Elgin Municipal Code, 1976, as amended, entitled "Business Licenses and Regulation" be and is hereby further amended by adding thereto Chapter 6 . 61 entitled "Shopping Carts" to read as follows : "CHAPTER 6 . 61 SHOPPING CARTS 6 . 61 . 010 DEFINITIONS . A. Owner. "Owner" means a person or business establishment owning, making available or using shopping carts in connection with its business . B. Person. "Person" means and includes a natural person, firm, partnership, association, sole proprietorship or corporation as well as any agents, representatives or employees thereof . C. Shopping Cart . "Shopping Cart" means a basket which is mounted on wheels or a similar device generally used in a retail establishment, grocery store or a laundromat by a customer for the purpose of transporting goods of any kind. 6 . 61 . 020 SHOPPING CART REMOVAL FROM BUSINESS PREMISES PROHIBITED. It shall be unlawful for any person to remove any shopping cart from the premises or parking area of any business establishment . The provisions of this section shall not apply to the removal by the owners or employees of the business . 6 . 61 . 030 ABANDONMENT PROHIBITED. It shall be unlawful for any person to abandon or leave any shopping cart which has been removed from the premises of a business establishment upon any public street, alley, sidewalk, parkway or other public property, or upon any private property except that of the owner of such shopping cart . 6 . 61 . 040 POSSESSION OF SHOPPING CART OFF BUSINESS PREMISES PROHIBITED. It shall be unlawful for any person to have in his possession any shopping cart which has been removed from the owner' s premises . The provisions of this section shall not apply to possession by the owner or its employees of the business, nor to possession by any person possessing the express written consent of the owner or its authorized agent . 6 . 61 . 050 POSTING OF NOTICE. Each business establishment furnishing shopping carts for its customers shall post prominently and conspicuously at all entrances and exits to its business establishment a notice in substantially the following form: "THE REMOVAL OF SHOPPING CARTS FROM THIS ESTABLISHMENT' S PROPERTY IS PROHIBITED BY ELGIN MUNICIPAL CODE CHAPTER 6 . 61 AND WILL SUBJECT THE VIOLATOR TO A MINIMUM FINE OF $100 . 00 . " Such notice shall be placed in such a position and be of sufficient size and legibility so as to insure that the persons leaving such places of business shall be fully informed of the prohibitory provisions contained in this chapter. 6 . 61 . 060 SHOPPING CART COLLECTION BY OWNER. All shopping carts left in a business establishment ' s parking lot and in adjacent outside areas shall be collected at regular intervals throughout the day and at closing by the business establishment ' s personnel . Shopping carts shall be stored either inside the building or in an outside storage rack. 6 . 61 . 070 SHOPPING CART IDENTIFICATION REQUIRED. Every person who, in connection with the conduct of business including but not limited to the retail sale of groceries, owns or makes any shopping cart available to the public, shall mark or cause each shopping cart to be marked and identified conspicuously with the name of the owner, name of the business establishment and the address of such business establishment . 6 . 61 . 080 CITY ABATEMENT. All shopping carts remaining in any location other than the business establishment shall be deemed abandoned and may be collected and stored by the city. The city shall notify the owner of such a shopping cart in writing of any abandoned shopping cart that has been collected by the city. The owner shall within fourteen (14) days from the date of the notification retrieve the shopping cart from the specified storage location. The owner of the shopping cart shall be liable for and shall pay to the city a retrieval and storage fee in the amount of $25 for each cart collected by the city and retrieved by the owner. Any shopping cart not reclaimed by the owner from the city within fourteen (14) days after notification to the owner shall be sold or otherwise disposed of by the city. The owner of any shopping cart disposed of by the city shall be liable for and shall pay to the city a disposition fee of $150 for each shopping cart disposed. 6 . 61 . 090 PENALTY FOR VIOLATION. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter, in addition to the fees and charges established in this chapter, shall be guilty of an offense and shall be punished by fine of not less than $100 nor more than a fine of $500 . Each day during which a violation of this chapter continues or is permitted to exist shall be considered a separate and distinct offense . 6 . 61 . 100 SEVERABILITY. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and its application to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to the legislative intent of the city council that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been included. " Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Ed Schock, Mayor Presented: Passed: Vote : Yeas Nays Recorded: Published: Attest : Dolonna Mecum, City Clerk Committee of the Whole Meeting February 23 , 2000 Page 2 Consideration of Shopping Cart Ordinance AeS Discussion was held regarding what measures other than passing the proposed ordinance to fine store owners for every cart retrieved by city staff outside of store property could be taken to address the problem of shopping carts abandoned in the neighborhoods . Although store managers have previously been asked to address the problem, Councilwoman Yearman suggested that a copy of the proposed ordinance be sent to store managers and corporate offices and that store representatives be invited to meet with staff and/or the Council . Councilman Wasilowski made a motion, seconded by Councilman Figueroa, to direct staff to send a copy of the proposed ordinance to all store managers and corporate offices, seek their reaction and input, and report back to the Council in 30 days . Upon a roll call vote : Yeas : Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None . Consideration of Resale Shop City Ordinance Councilwoman Yearman made a motion, seconded by Councilman Figueroa, to approve an ordinance to license and regulate resale shops . Upon a roll call vote : Yeas : Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None . It was suggested that consideration be given to including auctioneers in the proposed ordinance . City Manager Parker stated that staff will review this suggestion. Consideration of IEPA Community Water Supply Testing Program Councilman Walters made a motion, seconded by Councilwoman Yearman, to authorize participation in the Community Water Supply Testing Program, July 2 , 2000, through June 30, 2001, at a cost of $14 , 265 annually. Upon a roll call vote : Yeas : Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None . Consideration of Elgin Area Chamber of Commerce Purchase of Service Agreement Councilman Figueroa made a motion, seconded by Councilwoman Yearman, to approve the Purchase of Service Agreement in the amount of $172 , 000 with the Elgin Area Chamber of Commerce to provide economic development services . Upon a roll call vote : Yeas : Councilmembers Figueroa, Munson, Walters, Wasilowski, Yearman and Mayor Schock. Nays : None . ° i ti City of Elgin Agenda Item No. RATED . February 23 , 2000 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Shopping Cart Ordinance PURPOSE The purpose of this memorandum is to give the Mayor and members of the City Council information to consider an ordinance governing shopping cart use and storage in the City of Elgin. BACKGROUND The City has been experiencing a problem with shopping carts being left on public property throughout the City. The shopping carts are removed from the stores and used by customers to transport their purchases to their homes . When the customers are done with the carts, they are frequently left on the street or other public areas. These carts are unsightly and detract from the appearance of the neighborhoods . The owners ' of the carts are frequently unresponsive when asked to retrieve their carts and the removal of the carts is left to the City. From September 15, 1999 through November 30 , 1999, the City collected 65 carts left on public property. The City contacted several other municipalities including Addison, Skokie, Los Angeles; Redwood, California, and Bristol, Connecticut, to assess their response to this problem in their community. The solutions ranged from electronic wheel locks to keep the carts from being removed beyond an electronic barrier, to ordinances similar to the one proposed. The majority have adopted ordinances similar to the one proposed here . This ordinance will place the problem of the misused carts on the owners of the carts . The ordinance requires stores to take steps to ensure that their carts are not removed from their property and places requirement on the retrieval of the carts if they are removed. The ordinance also makes it unlawful for customers to remove the carts from the stores property, thereby assisting the stores with this problem. Anyone found in possession of a cart without written authorization will be charged under this ordinance and be subject to a fined of $100- $500 . Finally, the ordinance requires the owners of any carts found Shopping Cart Ordinance February 23 , 2000 Page 2 on public property, to retrieve the carts and pay a fine of $25 . 00 per cart . Any carts not retrieved will be destroyed or sold and the owners will be billed at a rate of $150 . 00 per cart . This ordinance is seen as an effective way to control the problem with minimal intrusion. The effectiveness of this ordinance will be monitored by the Police ROPE officers. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Community has expressed a desire to address this problem. The Police ROPE Officers have been heavily involved with businesses in their areas and they have identified a need for a City Ordinance to address this problem. ziteL/FINANCIAL IMPACT Fines under this ordinance will range from $100 to $500 . Additionally, abandoned carts will carry a $25 fine and if not retrieved will be subject to a $150 fine. �EGAL IMPACT None . ALTERNATIVES The City Council may choose not to enact any ordinance, leaving the collection of these carts at City expense. RECOMMENDATION It is recommended that the City adopted the proposed ordinance . R= •ectfully submitted, JAce A. Parker City Manager jb attachment