City of Milwaukee - File #: 170927

• File #: 170927
• Version: 4
• Type: Ordinance
• Status: Passed
• File created: 9/26/2017
• In control: COMMON COUNCIL
• Final action: 2/6/2018
• Effective date: 2/23/2018
• Title: A substitute ordinance relating to the abandonment of shopping carts.
• Sponsors: ALD. LEWIS, ALD. BAUMAN
• Indexes: NUISANCES, SUPERMARKETS

Date	Ver.	Action By	Action	Result	Tally
2/22/2018	4	CITY CLERK	PUBLISHED
2/15/2018	4	MAYOR	SIGNED
2/6/2018	3	COMMON COUNCIL	SUBSTITUTED; Minutes note: Ald. Lewis moved to replace substitute 3 with the proposed sub, which eliminates Department of Public Works charges for retrieval of return of abandoned shopping carts in lieu of penalties levied for the retrieval or return of these shopping carts.	Pass	15:0
2/6/2018	4	COMMON COUNCIL	PASSED	Pass	11:4
1/26/2018	2	CITY CLERK	Sponsor added; Minutes note: Ald. Bauman added
1/25/2018	2	PUBLIC SAFETY AND HEALTH COMMITTEE	SUBSTITUTED; Minutes note: Appearing: Sponsor Ald. Chantia Lewis Mr. James Hyland - Roundys Supermarkets, Inc, Mr. Brandon Scholz - President/CEO at Wisconsin Grocers Association Inc. Rick Meyers - DPW Operations Aaron Cadle - Legislative Reference Bureau Lewis moved to accept proposed sub for discussion. There were no objections.	Pass	3:0
1/25/2018	2	PUBLIC SAFETY AND HEALTH COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	3:1
1/5/2018	1	PUBLIC SAFETY AND HEALTH COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Appearing: Sponsor Ald. Chantia Lewis Mr. Michael Frederick - Piggly Wiggly, Inc. Mr. James Hyland - Roundys Supermarkets, Inc, Mr. Sal Butera - Piggly Wiggly Mr. Brandon Scholz - President/CEO at Wisconsin Grocers Association Inc. Laura Daniels - DPW Director of Operations Rick Meyer - Sanitation Manager	Pass	5:0
1/5/2018	1	PUBLIC SAFETY AND HEALTH COMMITTEE	SUBSTITUTED	Pass	4:0
11/28/2017	1	COMMON COUNCIL	AMENDED; Minutes note: Ald. Lewis moved to amend the file by replacing subsection 8-b with the following: 8. PENALTIES b. Failure to Implement Anti-theft Measures. Any cart provider who violates sub. 5 shall, upon conviction, forfeit not less than $250 nor more than $1,000 per shopping cart unprotected by an anti-theft measure, and in default of payment thereof, be imprisoned as provided by law. (Prevailed 15-0)	Pass	15:0
11/28/2017	2	COMMON COUNCIL	ASSIGNED TO; Minutes note: Ald. Kovac, Murphy and Coggs noted their objection. Ald. Kovac moved to refer back to committee and subsequently withdrew the motion. Ald. Bauman added as a cosponsor.	Pass	15:0
11/20/2017	1	PUBLIC SAFETY AND HEALTH COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Appearing: Ald. Lewis - Sponsor	Pass	5:0
10/24/2017	1	CITY CLERK	DRAFT SUBMITTED
9/26/2017	0	COMMON COUNCIL	ASSIGNED TO

Number
170927
Version
SUBSTITUTE 4
Reference

Sponsor
ALD. LEWIS AND BAUMAN
Sections
110-36 rc
Title
A substitute ordinance relating to the abandonment of shopping carts.

Analysis
This ordinance:

1. Retains stipulations of the current code concerning shopping carts including:

a. Each shopping cart shall be marked with the name and address of the provider.
b. Removing shopping carts from the provider’s premises, and possessing or abandoning shopping carts off premises, is prohibited.
c. The department of public works shall retrieve and transport abandoned shopping carts to the city’s self-help center, and carts become city property if unclaimed after 5 days at the self-help center.

2. Sets the maximum penalty for shopping carts removed from the owner’s premises, and the possession or abandonment of a shopping cart off the cart provider’s premises, at $500 for each offense. Current code stipulates a $500 maximum for the first offense, and a $5,000 maximum for subsequent offenses.
3. Provides abandoned shopping carts may be returned to the cart provider by the department of public works, at the departments sole discretion, rather removed to the City’s self-help center.
4. Stipulates a graduated penalty per shopping cart retrieved or returned by the department of public works beginning a $50 per cart to a maximum of $250 depending on the number of carts retrieved or returned in a year.
5. Requires that a cart provider providing 25 or more carts to the public implement anti-theft measures to prevent removal of shopping carts from the cart provider’s premises after 100 retrievals or returns of abandoned carts by department of public works. The penalty for not implementing anti-theft measures is set at $250 to $1,000 per unprotected shopping cart.

Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 110-36 of the code is repealed and recreated to read:

110-36. Shopping Cart Management.

1. FINDINGS...