INC NEWS - Fw: [owdna] Shopping cart ordinance info

[American LAbor]

As a member who sat on this Illegal Dumping Task force that addressed Shopping Carts,   I'd be willing to field questions/concerns people have regarding this proposal (see below) along with others both within the city and shopping center representatives

fyi,  
mike shiflett


----- Original Message ----- 
From: John Schelp 
To: bwatu at yahoo.com 
Sent: Monday, July 17, 2006 2:46 PM
Subject: [owdna] Shopping cart ordinance info


folks,

Below are the proposed shopping cart ordinance, draft
department shopping cart rules, and a letter the City
sent to businesses last week. 

Please email any comments by July 31 to Julia Mullen
(Department of Solid Waste Management) at
julia.mullen at durhamnc.gov

The package will be submitted for City Council's
agenda in August.

take care,
John

****

July 12, 2006

Dear Store Owner or Operator:

The City of Durham Department of Solid Waste
Management plans to propose a new ordinance governing
shopping carts to Durham City Council this summer. 
The ordinance would prohibit unauthorized removal of
shopping carts from business premises and require
business owners and operators to implement physical
measures designed to prevent unauthorized removal. 
The Department's general rules would govern
enforcement and we would implement supplementary rules
governing shopping cart collection.

As you may know, the proposed ordinance is the result
of a process that began in 2001 with the creation of
the City of Durham Task Force on Illegal Dumping and
Other Environmental Issues. The task force included
representatives of Lowes Foods, Harris Teeter, Food
Lion, and other stores. It identified abandoned
shopping carts as a significant environmental issue,
and recommended adoption of an ordinance to address
the problem.

We have attached for your information the proposed
ordinance and summaries of the Department's
enforcement rules and draft rules on collection. 
Taken together, they would create a program that is
simpler in structure than earlier recommendations, but
similar in substance and designed to achieve the same
ends. We believe that businesses will support this
proposal as they did the earlier versions, and that we
can implement it together to significantly enhance the
appearance and livability of the City of Durham.

Thank you very much, and please feel free to contact
us should you have any questions or comments. The SWM
contact person is Julia Mullen, Program Analyst,
919-560-4186 ext. 254, julia.mullen at durhamnc.gov. Any
comments we receive by July 31 will be considered
prior to submission of the proposed ordinance to City
Council.

Sincerely,

Thomas L. Ayers
Interim Director
Solid Waste Management

****

DRAFT ---- DRAFT ---- DRAFT ---- DRAFT ---- DRAFT

1. SHOPPING CART COLLECTION RULES
(Created by the Director under City Code Section 10-2;
authorized by proposed Section 10-133, Article VII -
Shopping Carts, City Code Chapter 10)

SWM will collect shopping carts from streets and
sidewalks, streams, and other public property.

If owners can be identified, SWM will notify owners
that shopping carts have been collected and give them
a deadline, like 5 working days, for retrieving them
from SWM.

SWM will bill owners $30.00 per cart retrieved (cost
recovery).

If owners do not retrieve the carts by the deadline,
SWM will take possession.

2. SHOPPING CART ENFORCEMENT RULES
(Created by the Director under City Code Section 10-2;
authorized by Section 10-8 and Fee Resolution adopted
by Council on 6/5/06 and effective 7/1/06)

If a store violates the ordinance by failing to post
signs on carts, post signs on the premises, or
institute preventive physical measures as required, or
if an individual violates the ordinance by
unauthorized removal of a shopping cart, then the
following general department enforcement process
applies:

1st violation
First notice
Second notice
$50 fee
2nd violation
$50 fee
3rd or subsequent violation
$50 fee or court

****

DRAFT ---- DRAFT ---- DRAFT ---- DRAFT ---- DRAFT 

SHOPPING CART ORDINANCE

Art. VII. Shopping Carts.

Sec. 10-132. Definitions.
Business: Any grocery store, drugstore, other retail
store, or other profit or non-profit entity that
provides any shopping cart for use by customers.
Owner: Any person or entity that owns or operates a
business and any designated agent of such person or
entity for purposes relevant to this Article.
Premises: The entire area utilized by an owner in
connection with a business, including any parking lot
or other property provided by the owner for customer
parking.
Shopping cart: The type of push or ride-in cart
commonly provided by grocery stores, drugstores, and
other retail stores for customers to transport
commodities within the store and from the store to
their motor vehicles outside the store.

Sec. 10-133. Authority to regulate.
The department shall have the authority to regulate
unauthorized removal of shopping carts from premises
and prevention thereof including establishing
applicable rules and regulations under Section 10-2.

Sec. 10-134. Removal. 
No person shall temporarily or permanently remove any
shopping cart from any premises without the consent of
the owner. 

Sec. 10-135. Signs on shopping carts. 
On or before 60 days after the effective date of this
Article, each owner shall cause to have permanently
affixed to each shopping cart on the premises of each
business of owner a sign that contains the following
information:
(a) Name of business or name of owner and business;
(b) Physical address of business;
(c) Owner contact information for seeking authorized
removal of a shopping cart from the premises;
(d) Notice that unauthorized removal of any shopping
cart from the premises is a violation of state law and
Durham City Code;
(e) Owner telephone number to report a shopping cart
removed from the premises.

Sec. 10-136. Signs on premises. 
On or before 60 days after the effective date of this
Article, each owner shall cause to have posted on the
premises of each business of owner at least two signs
that provide notice that unauthorized removal of any
shopping cart from the premises is a violation of
state law and Durham City Code. Each sign shall be
sized and located so as to be clearly visible to a
significant percentage of customers.

Sec. 10-137. Physical measures. 
On or before 60 days after the effective date of this
Article, each owner shall implement physical measures
designed to prevent removal of shopping carts from the
premises of each business of owner. Such measures may
include, but are not limited to: physical barriers;
disabling devices on carts; posting of a security
guard; or security deposits for use of carts.

Section 10-138. Other laws. 
The provisions of this article are additional and
supplemental to G.S. Section 14-72.3, which prohibits
removal of shopping carts from shopping premises. 

****



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