HomeMy WebLinkAbout1191 - Amending Shopping Cart Containment and Retrieval Ordinance1
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ORDINANCE NO. 1191
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 11
TO CHAPTER 1, DIVISION 7 OF THE UKIAH CITY CODE TO REGULATE ENFORCEMENT
OF SHOPPING CART CONTAINMENT AND RETRIEVAL ORDINANCE.
The City Council of the City of Ukiah ordains as follows:
SECTION ONE. Article 11, entitled "Shopping Carts" in Chapter 1, Division 7 of the Ukiah City
Code shall be amended to read as follows.
ARTICLE 11. SHOPPING CARTS
Sections:
6096 Unauthorized removal. alteration, or possession of a shopping cart.
6097 Definitions.
6098 Penalty for Violation.
§6096 Unauthorized removal, alteration, or possession of a shopping cart.
It is unlawful and a public nuisance for any person to do any of the following acts, if a shopping
cart or laundry cart has a permanently affixed sign in compliance with Section 2383 of this Code:
A. Remove a shopping cart from the business premises where it belongs. with the intent to
temporarily or permanently deprive the business owner or business of possession of the cart: or
B. Possess or abandon an off-site shopping cart, with the intent to temporarily or permanently
deprive the business owner or business of possession of the cart; or
C. Alter, convert, or tamper with a shopping cart, remove any part or portion thereof or remove,
obliterate or alter an identifying sign or serial numbers on a cart. with the intent to temporarily or
permanently deprive the business owner or business of possession of the cart.
§6097 Definitions.
All terms in this Article shall have the meaning stated in Section 2381 of this Code.
§6098 Penalty for Violation.
Any person who knowingly or willfully violates any provision of this Article is guilty of
a misdemeanor.
SECTION FOUR.
1. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance,
or its application to any person or circumstance, is for any reason held to be invalid or
unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of
the remaining sections, subsections, subdivisions, paragraphs. sentences, clauses or phrases of
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this Ordinance, or its application to any other person or circumstance. The City Council of the
City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be
declared invalid or unenforceable.
2. EFFECTIVE DATE.
This Ordinance shall be published as required by law in a newspaper of general circulation in the
City of Ukiah, and shall become effective thirty (30) days after its adoption.
Introduced by title only on November 7, 2018, by the following roll call vote:
AYES: Councilmembers Brown, Scalmanini, Crane, Mulheren, and Mayor Doble
NOES: None
ABSENT: None
ABSTAIN: None
Adopted on December 5, 2018, by the following roll call vote:
AYES: Councilmembers Orozco, Brown, Scalmanini, Crane, and Mayor Mulheren
NOES: None
ABSENT: None
ABSTAIN: None
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Maureen Mulheren, Mayor
ATTEST:
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Kristine Lawler, City Clerk
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