HomeMy WebLinkAboutCSD-17-015 - Shopping Cart Bylaw
REPORT TO: Council
DATE OF MEETING: March 20, 2017
SUBMITTED BY: Gloria MacNeil, Director of Enforcement
(519-741-2200, ext. 7952)
PREPARED BY: Gloria MacNeil, Director of By-law Enforcement
(519-741-2200, ext. 7952)
WARD(S) INVOLVED: All
DATE OF REPORT: March 9, 2017
REPORT NO.: CSD-17-015
SUBJECT: SHOPPING CART BY-LAW
___________________________________________________________________
RECOMMENDATION:
That a by-law be enacted to require any business that provides shopping carts to
its customers to have a Shopping Cart Management Plan, which would set out
demonstrable measures to prevent the unauthorized removal of shopping carts
from the owner’s premises and/or the retrieval of abandoned carts.
BACKGROUND:
On August 29, 2016 Council passed the following resolution directing By-law
Enforcement staff to research options requiring businesses to have a shopping cart
management plan:
WHEREAS Section 127 of the Municipal Act, 2001, provides that the municipality may
prohibit the depositing of refuse or debris on land without the consent of the owner or
occupant of the land and require the owner or occupant of land to clear refuse or debris
from the land; and,
WHEREAS pursuant to Section 128 of the Municipal Act, 2001, a municipality has the
power to prohibit and regulate matters that, in the opinion of Council, are, could become
or cause public nuisances; and,
WHEREAS municipalities such as Guelph, Mississauga, Ottawa and Markham, have
enacted by -laws outlining that abandoned shopping carts constitute a public nuisance
in that they may be a traffic hazard, impede sidewalks and street maintenance, and be a
risk to public safety or become unsightly; and,
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WHEREAS some businesses have already implemented such measures as signage,
coin deposits, wheel locks, or hired a third party to retrieve abandoned shopping carts
as a means of addressing this issue;
THEREFORE BE IT RESOLVED that staff be directed to investigate options to require
any business that provides shopping carts to its customers to have a ` Shopping Cart
Management Plan', which would set out demonstrable measures to prevent the
unauthorized removal of shopping carts from the owner's premises and /or the retrieval
of abandoned carts; and,
BE IT FINALLY RESOLVED that a report on this matter be provided prior to March 31,
2017.
REPORT:
Staff have researched and reviewed shopping cart by-laws that have been implemented
by other municipalities and have investigated a variety of options that could be imposed
on retailers in order to curb the number of abandoned shopping carts. Our
recommendation is to have a:
general provision that no one shall allow their shopping carts to cause a nuisance
general provision that everyone shall ensure that carts associated with their
business are managed (retained on the property and retrieved when they leave
the property)
shopping cart management plans will not be required to be submitted to
enforcement staff unless, the shopping carts cause a nuisance on an ongoing
basis, should this be the case, enforcement staff will then require a written plan
to be submitted
shopping cart management plans must include:
o contact person
o prevention measures
o retrieval plan
o regular pick up of carts
o calls must be responded to within 24 hours
o immediate response for carts that impede traffic or pedestrians, or cause
an unsafe condition
provision allowing charges for failing to comply with the shopping cart
management plan
provision for failing to respond to calls within 24 hours and remove cart(s)
enforcement would tag carts, notify contact person, and issue charge where cart
was not retrieved in a timely fashion
provision to dispose of carts on City property only, where call is not responded to
within 24 hours
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the by-law would have a maximum fine amount of $10,000 for businesses who
do not have a shopping cart management plan in place and who allow their carts
to cause a nuisance
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the city’s strategic
vision through the delivery of core service
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
Abandoned shopping carts are a long-standing issue, By-law staff regularly receive
complaints from members of the public, Grand River Transit and ward Councilors
relating to nuisance shopping carts.
Staff have sent out letters to local retailers and their perspective head offices within the
City of Kitchener who currently supply shopping carts to their customers, we have
advised of the review being conducted and requested they submit their comments or
concerns regarding a potential by-law being implemented.
Staff have received comment from two retailers to date; one retailer was not supportive
of the City dictating a specific management plan that may require them to spend a large
amount of money, they felt this may be financially straining and their store specifically
does not have any issues with shopping carts creating a nuisance. The second retailer
was a larger box store, they currently have a fairly aggressive management plan in
place for all of their shopping carts, which is working for them and the community.
ACKNOWLEDGED BY: Michael May, Deputy CAO, Community Services Department
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