Report to: General Committee -                                                Report Date: October 26, 2007

Community Services and Environment

 

 

SUBJECT:                        Shopping Cart Control By-Law

PREPARED BY:             Peter Veiga, Supervisor, Waste Management Operations, Ext. 3700

 

 

 

RECOMMENDATION:

THAT the report entitled “Shopping Cart Control By-Law” be received,

 

AND THAT a by-law to control shopping carts on public property, and in a form satisfactory to the Town Solicitor, the Commissioner of Corporate Services and the Commission Lead, Operations and Asset Management, be enacted,

 

AND THAT Fee By-law 2002-276 be amended to reflect a charge of up to $50.00 for every shopping cart the Town collects and returns to its respective owner(s),

 

AND THAT Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

 

EXECUTIVE SUMMARY:

Not applicable

 

 

PURPOSE:

To enact a by-law to control shopping carts on public property.

 

 

BACKGROUND:

Shopping carts abandoned on public property create an unsightly nuisance.  In cases where they impede sidewalks and street maintenance operations, they may pose a traffic hazard and may be a risk to public safety.

 

Every year Markham staff collects hundreds of shopping carts abandoned on public property throughout the Town.  In a seven week period during the summer of 2007, over 44 abandoned shopping carts were collected as part of the Milliken Mills Beautification Pilot Project.

 

A majority of the carts left abandoned contain no identifiable information and cannot be returned to the owner. These carts are recycled or disposed of by the Town.

 

At its meeting of October 10, 2006, Council directed staff to conduct a communication program and hold an information meeting with local retailers concerning a by-law to control abandoned shopping carts and to report back.  The Cities of Mississauga and Guelph had recently passed similar by-laws as part of their litter prevention strategies.

 

The approximately 90 Markham businesses that provide shopping carts were issued letters outlining the intent and details of the proposed by-law and inviting written comments.  Subsequently, all businesses were invited to attend an information meeting on October 17, 2007.

 

Two written comments were received and 5 businesses attended the information meeting.  The written comments and list of businesses represented at the information meeting are attached to this report.  The issues raised can be grouped into three general categories.  These include enforcement, cost of compliance, and process.

 

 

1.      Enforcement

Several retailers suggested that enforcement measures should be directed at customers who remove shopping carts from store premises.

 

The removal of shopping carts by customers from store premises without permission is consistent with the definition of theft and theft by persons from retailers is a criminal offence that cannot be enforced by municipal by-law.  It is suggested that businesses use signage to inform customers that the unauthorized removal of shopping carts from the owner’s premise is an unlawful act under the Criminal Code similar to shoplifting.

 

Upon approval of this report, By-Laws Licensing and Enforcement and Waste Management staff will develop an enforcement strategy to ensure that every Markham business affected by this by-law has affixed identification on each of their shopping carts.

 

 

2.      Cost of compliance

Retailers raised concern about the cost of cart management systems and that any added costs for complying with the proposed Shopping Cart Control By-Law are an undue burden on them.  They referred specifically to the cost of wheel locking mechanisms and coin deposit systems.

 

The attached By-law addresses this concern by not being prescriptive regarding specific cart management systems.

 

The By law requires that carts carry the name, address and telephone number of the retail business. However, this can be done with a simple identification label or tag attached to each cart.

 

 

3.      Process

Several of the businesses represented at the information meeting inquired as to how the Town intends to issue notices and collect the retrieval fee.

 

The proposed Shopping Cart Control by-law requires that all businesses operating more than one retail location must permanently affix their identification on each of their shopping carts. The effective date of the by-law has been set at six months after its approval to allow retailers sufficient time to install appropriate cart management systems and identification on their carts.  Following the effective date, the Town will return abandoned shopping cart(s) to the owner identified on the shopping cart along with an invoice for the retrieval fee and use any recourse available to it, including transferring unpaid fees to property taxes, to collect fees issued for the retrieval and return of abandoned shopping carts.

 

 

OPTIONS/ DISCUSSION:

The attached Shopping Cart Control By-Law controls shopping carts abandoned on public lands.  It considers the written comments that were received and the discussion at the information meeting.  It is designed to be flexible and not prescriptive while recognizing that the cost of collecting and returning abandoned shopping carts should not be borne by Markham taxpayers.  The by-law does not address shopping carts on private property as these are governed by the Town’s Property Standards By-Law.

 

Shopping Cart Removal is Prevented

The by-law requires businesses that provide shopping carts to implement and maintain cart management strategies that prevent customers from removing carts from the premises during business hours.  These strategy measures could include retailers providing proper signage and education and staffing to better manage their shopping carts.  Retailers could also employ shopping cart control systems that range from coin deposit systems to more specialized systems, including the installation of magnetic wheel locks.  Businesses are allowed discretion to choose the measure that best meets its needs.

 

Businesses will also be required to ensure that all shopping carts are secured from public access after close of business hours. 

 

Town Can Return Abandoned Shopping Carts To Their Owners

The by-law’s requirement for clear and permanent identification on every shopping cart will allow the Town to identify any cart’s owner and to return the abandoned cart(s) to its owner.  Without identification on each cart, the Town has no alternative but to recycle or dispose of any shopping cart it collects.

 

Waste Management staff will visit every Markham retailer affected by this by-law before September 2008 to ensure compliance with the by-law.  Failure of a business to install identification on every shopping cart will be an offence under the by-law.

 

The Cost of Returning Shopping Carts is Not Borne by the Town

The By-Laws and Enforcement Division will be responsible for retrieving and returning abandoned shopping carts in Markham.  The retrieval fee provision in the Shopping Cart Control By-Law will be initially set at $50.00 per returned cart and will be reviewed on an as-needed basis.  The retrieval fee provision ensures that the Town’s costs to retrieve and return shopping carts abandoned on public property and to administer the by-law are recovered.

The Town will use any recourse available to it, including transferring unpaid fees to property taxes, to collect fees issued to businesses for the retrieval and return of abandoned shopping carts.

 

Enforcement to Begin in September 2008

Staff recommends that the effective date of the Shopping Cart Control By-Law be six months after its approval.  This will allow businesses affected by the new by-law sufficient time to implement the necessary compliance measures.

 

Communication Plan

Upon its approval, staff will notify Markham retailers of the Shopping Cart Control By-Law using the following communication tools;

 

·         By written notice

·         By media release

·         On the Town’s website

 

Markham residents will also be informed of the by-law using the following communication tools;

 

·         By-Law Guide to Markham Homeowners

·         By media release

·         On the Town’s website

·         Waste Management newsletter

 

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Based a retrieval fee of $50 per cart and the 44 carts collected during the summer of 2007, staff anticipates annual revenue of approximately $2,200.  All shopping cart retrieval fee revenues will be credited to the By-Laws Licensing and Enforcement operating budget.

 

 

ENVIRONMENTAL CONSIDERATIONS:

Enacting a by-law that requires business to implement measures to control abandoned shopping carts in the Town is consistent with Town’s goal to keep Markham clean.

 

 

ACCESSIBILITY CONSIDERATIONS:

Not Applicable

 

 

ENGAGE 21ST CONSIDERATIONS:

Controlling abandoned shopping carts in the Town is consistent with the Town’s litter prevention strategy, its community beautification initiatives and its overall goal to create a better quality community.

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

By-Law Enforcement and Licensing, Legal Services, and the Operations Department participated in the development of the attached Shopping Cart Control By-Law.

 

 

 

 

 

RECOMMENDED BY:  

 

 

 

 

 

 

 

 

________________________                           ________________________

Claudia Marsales                                                 Peter Loukes, P.Eng             

Manager                                                              Commission Lead, Operations

Waste Management                                             and Asset Management

 

 

 

 

 

 

 

 

ATTACHMENTS:

Attachment ‘A’ - Proposed Shopping Cart Control By-Law

Attachment ‘B’ - Correspondence Received

Attachment ‘C’ - Information Meeting Attendance List

 

O:\Commission Share\Operations and Asset Management\Reports\2008\Waste\Shopping Cart Control By-Law - report.doc