HomeMy WebLinkAboutBy-law No. 2017-051 - Chapter c475 - Management of Shopping CartsBY-LAW NUMBER _ I
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to regulate the management of shopping carts).
WHEREAS it is deemed expedient to exercise the powers conferred on Council by the
Municipal Act, 2001, S.O. 2001, c.25;
AND WHEREAS shopping carts are personal property, associated with businesses that
are required to be licensed by the City;
AND WHEREAS Council has determined that abandoned shopping carts can cause
dangerous situations by interfering with pedestrian and vehicular traffic;
AND WHEREAS Council has determined that abandoned shopping carts detract from
the aesthetics of public spaces and neighbourhoods;
AND WHEREAS Council has determined that improperly managed or abandoned
shopping carts may cause a public nuisance;
AND WHEREAS Council wishes to require businesses that provide shopping carts to
implement measures to prevent unauthorized removal of shopping carts and retrieval of
abandoned shopping carts;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as
follows:
Definitions
1. In this by-law:
"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;
"City" means The Corporation of the City of Kitchener;
"Council" means the Council of the City;
"Officer" means a By-law or Municipal Law Enforcement Officer of the City;
"Order" shall mean an Order issued pursuant to section 4 of this by-law;
"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;
"representative of the City" means any employee working for the by-law enforcement
division, operations division, or corporate contact centre of the City; and
"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.
General Provisions
2. 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.
3. Every Supplier of Shopping Carts shall ensure that the business has a shopping cart
management plan that includes measures to:
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.
Ongoinq Nuisance — Shopping Cart Management Plan Required
4. 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 by-law, the Officer
may issue an Order requiring a written shopping cart management plan that complies with
section 3 of this by-law to be submitted to the Officer. The Order shall contain the
following:
a) reasonable particulars of the contraventions of section 2 of this by-law;
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 by-law; and
d) the deadline for submission of the written shopping cart management plan.
5. In addition to meeting the requirements of section 3 of this by-law, 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.
6. 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.
7. Where a written shopping cart management plan has been provided to the City pursuant
to this by-law but the nuisance or violations of any provision of this by-law 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.
8. Every Supplier of Shopping Carts who is ordered to submit a written shopping cart
management plan to the City shall comply with the Order.
Removal of Shopping Carts by the City
9. 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.
10. 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.
Notice Provisions
11. Any request to retrieve a shopping cart pursuant to this by-law 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 pian 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.
Enforcement
12. Every person who contravenes any provision of this by-law including failing to comply
with an Order under this by-law, 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.
C'3PnPral
13. This By-law shall be known as the "Shopping Cart Management By-law".
14. It is hereby declared that each and every of the foregoing sections of this by-law is
severable and that, if any provisions of this by-law 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.
15. 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.
I'll
PASSED at the Council Chambers in the City of Kitchener this I t� IL,0 day
of N",O-,K-y 1 2017,
Mayor
Clerk