HomeMy WebLinkAboutChapter 475 - Management of Shopping Carts GENERAL
Chapter475
MANAGEMENT OF SHOPPING CARTS
Article 1
INTERPRETATION
475.1.1 Business hours - defined
475.1.2 City - defined
475.1.3 Council - defined
475.1.4 Officer- defined
475.1.5 Order - defined
475.1.6 Property - defined
475.1.7 Representative of the City - defined
475.1.8 Supplier of shopping carts - defined
Article 2
GENERAL PROVISIONS
475.2.1 Supplier- responsibility - reasonable and effective measures
475.2.2 Supplier- management plan
Article 3
ONGOING NUISANCE -
SHOPPING CART MANAGEMENT PLAN REQUIRED
475.3.1 Ongoing nuisance - non-compliance
475.3.2 Management plan - contact requirement
475.3.3 Management plan - contact - respond to calls or complaints
475.3.4 Management plan - require to modify
475.3.5 Order to comply
KITCHENER 475.1 JUNE 2017
MANAGEMENT OF SHOPPING CARTS
Article 4
REMOVAL OF SHOPPING CARTS BY THE CITY
475.4.1 Removal and disposal by City - Failure to Comply
475.4.2 Removal and disposal by City - Unsafe condition
Article 5
NOTICE PROVISIONS
475.5.1 Notice - recipient
Article 6
ENFORCEMENT
475.6.1 Offence - conviction - fine
ARTICLE 7
GENERAL
475.7.1 General
Article 1
INTERPRETATION
475.1.1 Business hours - defined
"business hours" shall mean 9.00 am to 5.00 pm on each day Monday to Friday but shall
not include holidays as defined in the Retail Business Holidays Act, R.S.O. 1990, c. R.
30.
475.1.2 City - defined
"City" means The Corporation of the City of Kitchener;
475.1.3 Council - defined
"Council" means the Council of the City;
475.1.4 Officer - defined
"Officer" means a By-law or Municipal Law Enforcement Officer of the City;
KITCHENER 475.2 JUNE 2017
MANAGEMENT OF SHOPPING CARTS
475.1.5 Order - defined
"Order" shall mean an Order issued pursuant to section 4 of this Chapter;
475.1.6 Property - defined
"property" shall mean the location of the business including interior and exterior
use areas associated with the business as well as any parking area commonly
associated with the business or regularly used as parking by customers at the
business;
475.1.7 Representative of the City - defined
"representative of the City" means any employee working for the by-law enforcement
division, operations division, or corporate contact centre of the City; and
475.1.8 Supplier of shopping carts - defined
"Supplier of Shopping Carts" shall include any person providing shopping carts for
customer use and shall, without limitation, include any business that supplies shopping
carts and shall also include every director, owner, manager, and operator of such
business.
Article 2
GENERAL PROVISIONS
475.2.1 Supplier - responsibility - nuisance prevention
Every Supplier of Shopping Carts shall:
(a) take reasonable and effective measures to prevent the shopping carts
from causing a nuisance;
(b) take reasonable and effective measures to prevent shopping carts being
taken from the property;
(c) have a reasonable and effective plan in place to ensure timely collection of
shopping carts that have left the property including shopping carts that
have been removed from the property without permission;
(d) ensure that any shopping cart that has left the property is retrieved within
twenty-four(24) hours of receiving a notice or complaint about the location
of the shopping cart; and
(e) upon receiving a notice or complaint that the location of the shopping cart
impedes traffic or pedestrians or causes an unsafe condition shall ensure
that the shopping cart is retrieved within the lesser of three (3) business
hours or twenty-four (24) hours.
KITCHENER 475.3 JUNE 2017
MANAGEMENT OF SHOPPING CARTS
475.2.2 Supplier - management plan
Every Supplier of Shopping Carts shall ensure that the business has a shopping cart
management plan that includes measures to:
97
a) prevent carts being taken from the property;
b) ensure timely collection of shopping carts that have left the property;
c) ensure collection of shopping carts within twenty-four (24) hours of receipt
of notice or complaint of location of the shopping cart; and
d) where the shopping cart is in a location that impedes traffic or pedestrians
or causes an unsafe condition, ensure collection of shopping carts within
the lesser of three (3) business hours or twenty-four (24) hours.
Article 3
ONGOING NUISANCE -
ORDER FOR WRITTEN MANAGEMENT PLAN
475.3.1 Ongoing nuisance - non-compliance
When an Officer determines that a Supplier of Shopping Carts has failed on more than
one occasion to comply with any of the requirements of section 2 of this Chapter, the
Officer may issue an Order requiring a written shopping cart management plan that
complies with section 3 of this Chapter to be submitted to the Officer. The Order shall
contain the following:
a) reasonable particulars of the contraventions of section 2 of this Chapter;
b) the location of the land on which such contraventions occurred.,
c) the requirement to submit a written shopping cart management plan that
complies with the requirements of section 3 of this Chapter; and
d) the deadline for submission of the written shopping cart management
plan.
475.3.2 Written management plan - contact requirement
In addition to meeting the requirements of section 3 of this Chapter, a written shopping
cart management plan shall include the name and contact information for a person
responsible for implementation of the shopping cart management plan and may include
additional name(s) and contact information to ensure that someone is always available
for contact purposes.
KITCHENER 475.4 JUNE 2017
MANAGEMENT OF SHOPPING CARTS
475.3.3 Written management plan - contact - respond to calls or complaints
Where a written shopping cart management plan has been required, every Supplier of
Shopping Carts shall ensure that:
a) at least one of the person(s) whose name and contact information has
been provided on the shopping cart management plan is available to
respond to calls or complaints about shopping carts from the business;
and
b) that the shopping cart management plan is complied with.
475.3.4 Written management plan - requirement to modify
Where a written shopping cart management plan has been provided to the City pursuant
to this Chapter but the nuisance or violations of any provision of this Chapter continue,
an Officer may require modifications to the written shopping cart management plan to
address the concerns of the Officer and the Supplier of Shopping Carts shall ensure that
such modifications are submitted to the City.
475.3.5 Order to comply
Every Supplier of Shopping Carts who is ordered to submit a written shopping cart
management plan to the City shall comply with the Order.
Article 4
REMOVAL OF SHOPPING CARTS BY THE CITY
475.4.1 Removal and disposal by City - Failure to Comply
Where a Supplier of Shopping Carts fails to retrieve a shopping cart within twenty-four
(24) hours of being requested by an Officer or representative of the City to do so, the
City may retrieve the shopping cart and dispose of it.
475.4.2 Removal and disposal by City - Unsafe condition
Where in the opinion of an Officer or representative of the City a shopping cart is in a
location where it impedes traffic or pedestrians or causes an unsafe condition and
Supplier of Shopping Carts fails to retrieve a shopping cart within the lesser of three
(3) business hours or twenty-four (24) hours of being notified by an Officer or a
representative of the City to do so, the City may retrieve the shopping cart and
dispose of it.
KITCHENER 475.5 JUNE 2017
MANAGEMENT OF SHOPPING CARTS
Article 5
NOTICE PROVISIONS
475.5.1 Retrieval - notice - recipient
Any request to retrieve a shopping cart pursuant to this Chapter may be made by a
representative of the City or an Officer:
a) to any manager of a business at the location of the business during
business hours whether or not a written shopping cart management
plan is in place;
b) where a manager is not at the business location or readily available,
to any employee of the business at the location of the business during
business hours whether or not a written shopping cart management
plan is in place;
c) where a written shopping cart management plan is in place by
contacting any individual identified as a contact person on the
shopping cart management plan; or
d} where a written shopping cart management plan is in place by attempting
to contact each individual identified as a contact person on the shopping
cart management plan by phone provided a voicemail message is left for
each person where the phone number provided allows the leaving of a
message.
Article 6
ENFORCEMENT
475.6.1 Offence - conviction - fine
Every person who contravenes any provision of this Chapter including failing to
comply with an Order under this Chapter, and every director or officer of a
corporation who knowingly concurs in such contravention by a corporation is guilty
of an offence and is liable, upon conviction, to a fine not exceeding ten thousand
dollars ($10,000) exclusive of costs, pursuant to the Provincial Offences Act, R.S.O.
1990, c. P.33.
KITCHENER 475.6 JUNE 2017
MANAGEMENT OF SHOPPING CARTS
ARTICLE 7
GENERAL
475.7.1 General
This Chapter shall be known as the "Shopping Cart Management By-law".
It is hereby declared that each and every of the foregoing sections of this Chapter is
severable and that, if any provisions of this Chapter should for any reason be
declared invalid by any Court, it is the intention and desire of Council that each and
every of the then remaining provisions hereof shall remain in full force and effect.
The Clerk of the City is hereby directed to make this by-law a part of The City of
Kitchener Municipal Code by adding it to the Concordance and arranging and numbering
it as Chapter 475 so as to fit within the scheme of the Code. By-law 2017-051, 15 May
2017.
KITCHENER 475.7 JUNE 2017