City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends that the City Council adopt:
1) An Ordinance amending subchapter 3.04.300, et seq. of the Culver City Municipal
Code, “Disposition Of Unclaimed Property,” by adding Section 3.04.320 relating to
abandoned property (Attachment 1); and
2) An Ordinance repealing and replacing Section 13.02.015 of the Culver City
Municipal Code relating to the removal of shopping carts (Attachment 2).
BACKGROUND/DISCUSSION:
At the City Council meeting of December 19, 2005, the Council introduced both
Ordinances by a unanimous vote (5-0).
The Ordinances are brought back tonight for adoption.
ATTACHMENTS:
1. Proposed Ordinance relating to abandoned property.
2. Proposed Ordinance relating to shopping carts.
Meeting Date: 01/09/06 Item Number: C-5
AGENDA ITEM: Adoption of: 1) Ordinance Amending Subchapter 3.04.300, et
seq. of the Culver City Municipal Code, “Disposition Of Unclaimed Property,” by
Adding Section 3.04.320 Relating to Abandoned Property; and 2) Ordinance
Repealing and Replacing Section 13.02.015 of the Culver City Municipal Code
Relating to Removal of Shopping Carts.
Contact Person/Dept.: Heather Iker/City
Attorney
Phone Number: (310) 253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master Notification List (01/04/06)
Department Approval: Carol Schwab,
City Attorney (12/20/05)
CAO Approval:
Martin R. Cole for Jerry B. Fulwood
(01/03/06)
City Controller Approval: N/ACity of Culver City, California
City Council Agenda Item Report
MOTION:
That the City Council:
1. Adopt the Ordinance amending subchapter 3.04.300, et seq. of the Culver City
Municipal Code, “Disposition Of Unclaimed Property,” by adding Section
3.04.320 relating to abandoned property; and
2. Adopt the Ordinance repealing and replacing Section 13.02.015 of the Culver
City Municipal Code relating to the removal of shopping carts.
MEETING DATE 01/09/06
AGENDA ITEM Adoption of 1) Ordinance Amending Subchapter 3 04 300,
et seq of the Culver City Municipal Code, "Disposition of
Unclaimed Property," by Addmg Section 3 04 320 Relating to
Abandoned Property, and 2) Ordinance Repealing and
Replacing Section 13 02 015 of the Culver City Municipal Code
Relating to Removal of Shopping Carts
ATTACHMENTS
Pages|109| Proposed Ordinance relating to abandoned property 1-2|109| Proposed Ordinance relating to shoppirg carts 3-7Min.
4tf sear 1
ORDINANCE NO 2006-
AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA,
AMENDING SUBCHAPTER 3 04300, et seq OF THE CULVER CITY
MUNICIPAL CODE, "DISPOSITION OF UNCLAIMED PROPERTY," BY
ADDING SECTION 3 04 320 RELATING TO ABANDONED PROPERTY
WHEREAS, Sections 2080, et seq of the California Civil Code set forth
procedures related to lost and unclaimed property, and
WHEREAS Section 2080 4 of the California Civil Code authorizes local
agencies to adopt their own procedures related to lost and unclaimed property which are
not inconsistent with State law, and
WHEREAS, the City of Culver City has adopted such procedures as set forth
in subchapter 3 04 300, et seq of the Culver City Municipal Code and
WHEREAS, the provisions of subchapter 3 04 300, et seq of the Culver City
Municipal Code do not distinguish between unclaimed and abandoned property, and
WHEREAS, Section 2080 7 of the California Civil Code states that the
obligations relating to lost and unclaimed property do not apply to property that has been
intentionally abandoned by its owner, and
WHEREAS, consistent with State law, it is the intent of the City Council of the
City of Culver City that the provisions of subchapter 3 04 300, et seq of the Culver City
Municipal Code not be applicable to property that has been intentionally abandoned by its
owner
NOW THEREFORE, the City Council of the City of Culver City, California
DOES HEREBY ORDAIN as follows
SECTION 1 Section 3 04 320 of the Culver City Municipal Code is hereby
added as follows
§ 3 04 320 ABANDONED PROPERTY
The provisions of this subchapter shall have no application to
property which has been intentionally abandoned by its owner
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SECTION 2 Pursuant to Section 514 of the City Charter this Ordinance
shall take effect thirty (30) days after the date of its adoption Pursuant to Sections 512
and 517 of the City Charter, prior to the expiration of fifteen (15) days after the adoption,
the City Clerk shall cause this Ordinance or a summary thereof to be published in the
Culver City News and shall post this Ordinance or a summary thereof in at least three
places within the City
SECTION 3 The City Council hereby declares that, if any provision, section,
subsection paragraph, sentence phrase or word of this ordinance is rendered or declared
invalid or unconstitutional by any final action in a court of competent jurisdiction or by
reason of any preemptive legislation, then the City Council would have independently
adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases
or words of this ordinance and as such they shall remain in full force and effect
APPROVED AND ADOPTED this day of , 2006
ALBERT M VERA, Mayor
City of Culver City, California
ATTEST
CHRISTOPHER ARMENTA City Clerk
-2-ORDINANCE NO 2006-
AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA,
REPEALING AND REPLACING SECTION 13 02 015 OF THE CULVER
CITY MUNICIPAL CODE RELATING TO REMOVAL OF SHOPPING
CARTS
WHEREAS, the City of Culver City has experienced an increase in
complaints regarding the removal of shopping carts from retail establishments the
abandonment of shopping carts on public streets and rights-of-way throughout the City,
and individuals using shopping carts that belong to City businesses for the storage and
transportation of personal property and
WHEREAS, these issues relating to shopping carts have caused the
City and the community concerns regarding visual blight and safety, including the potential
for carts to roll into traffic causing injury and property damage, and
WHEREAS, the current provisions of Section 13 02 015 of the Culver City
Municipal Code, which prohibit the removal of shopping carts from retail establishments,
provide the City with limited enforcement capabilities and
WHEREAS, current State law, as set forth in Sections 22435 through
22435 5 of the California Business and Professions Code, provides for a more
comprehensive regulatory scheme relating to the removal and possession of shopping
carts and
WHEREAS violations of the California Business and Professions Code are
prosecuted by the Los Angeles County District Attorney s Office, and
WHEREAS, the City's adoption of these State regulations would allow for City
prosecution and provide the City with additional options and flexibility when pursuing these
types of violations
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NOW THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY ORDAIN as follows
SECTION 1 Section 13 02 015 of the Culver City Municipal Code is hereby
repealed and replaced with the following new Section 13 02 015
A Definitions For purposes of this Section, the following
definitions shall apply|109| Shopping cart means a basket which is mounted on
wheels or a similar device generall y used in a retail establishment by a customer for
the purpose of transporting goods of any kind|109| Laundry cart means a basket which is mounted on
wheels and used in a coin-operated laundry or dry cleaning retail establishment by a
customer or an attendant for the purpose of transporting fabrics and the supplies
necessary to process them
3 Parking area means a parking lot or other property
provided by a retailer for use by a customer for parking an automobile or other
vehicle
B Apphcation The provisions of this section shall apply when a
shopping cart or a laundry cart has a sign permanently affixed to it that identifies the
owner of the cart or the retailer or both notifies the public of the procedure to be
utilized for authorized removal of the cart from the premises, notifies 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,
and lists a valid telephone number or address for returning the cart removed from
the premises or parking area to the owner or retailer
-2-C Prohibitions It is unlawful to do any of the following acts if a
shopping cart or laundry cart has a permanently affixed sign as provided in Section
13 02 015 (B)|109| To remove a shopping cart or laundry cart from the
premises or parking area of a retail establishment with the intent to temporarily or
permanently deprive the owner or retailer of possession of the cart|109| To be in possession of any shopping cart or laundry cart
that has been removed from the premises or the Darkina area of a retail
establishment, with the intent to temporarily or permanently deprive the owner or
retailer of possession of the cart
3 To be in possession of any shopping cart or laundry cart
with serial numbers removed obliterated, or altered, with the intent to temporarily or
permanently deprive the owner or retailer of possession of the cart|109| To leave or abandon a shopping cart or laundry cart at a
location other than the premises or parking area of the retail establishment with the
intent to temporarily or permanently deprive the owner or retailer of possession of
the cart|109| To alter, convert, or tamper with a shopping cart or
laundry cart or to remove any part or portion thereof or to remove obliterate or alter
serial numbers on a cart, with the intent to temporarily or permanently deprive the
owner or retailer of possession of the cart|109| To be in possession of any shopping cart or laundry cart
while that cart is not located on the premises or parking lot of a retail establishment,
with the intent to temporarily or permanently deprive the owner or retailer of
possession of the cart
D Consent The provisions of this Section shall not apply to the
owner of a shopping cart or laundry cart or to a retailer, or their agents or
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27|1010101010|1 employees or to a customer of a retail establishment who has written consent from
the owner of a shopping cart or laundry cart or a retailer to be in possession of the
shopping cart or laundry cart, or to remove the shopping cart or laundry cart from
the premises or the parking area of the retail establishment, or to do any of the acts
specified in Section 13 02 015 (C)
E Cart ownership In any criminal proceeding, it may be inferred
that any shopping cart or laundry cart which has a sign affixed to it pursuant to
Section 13 02 015 (B) is the property of the person or business named in t
he sign
and has not been abandoned by the person or business named in the sign
F Violations Any person who violates any of the provisions of this
section is guilty of a misdemeanor
G Application of other laws The provisions of this section are not
intended to preclude the application of any other laws relating to prosecution for
theft
SECTION 2
Pursuant to Section 514 of the City Charter, this Ordinance
shall take effect thirty (30) days after the date of its adoption Pursuant to Sections 512
and 517 of the City Charter prior to the expiration of fifteen (15) days after the adoption,
the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the
Culver City News and shall post this Ordinance or a summary thereof in at least three
places within the City
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APPROV 4 TO 10
op
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ifese‘i A . LA SCHWAB, City ttorn
SECTION 3 The City Council hereby declares that if any provision, section
subsection paragraph sentence, phrase or word of this ordinance is rendered or declared
invalid or unconstitutional by any final action in a court of competent jurisdiction or by
reason of any preemptive legislation, then the City Council would have independently
adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases
or words of this ordinance and as such they shall remain in full force and effect
APPROVED AND ADOPTED this day of , 2006
ALBERT M VERA, Mayor
City of Culver City, California
ATTEST
CHRISTOPHER ARMENTA, City Clerk|101010101010101010 10
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