CLEARLAKE >> The Clearlake City Council hopes to get wayward shopping carts off the street.
A measure discussed this week and slated for the city’s next meeting in December would, If passed, require businesses with five or more shopping carts to place proper identification on them and to provide the city a prevention plan within 60 days of the measure’s approval. Failure to provide the plan may result in a $1,000 fine.
Although the measure places the burden on the many chains — mostly grocers — City Manager Greg Folsom said something must be done. Carts taken by patrons are left at random locations all over the city.
“Obviously, doing nothing hasn’t worked,” Folsom said. “But our intent is not to punish retailers.”
The proposed legislation, modeled after the one passed in Livermore, would also give the city the authority to impound, store, and dispose carts that aren’t claimed by the business. Clearlake will also be able to impose fines on those that fail to retrieve their carts.
The ordinance states that if the city spots a cart outside the store’s property, it will notify the business via phone. That store will have 24 hours from the time of notice to retrieve it.
After the time has expired, the city will impound the cart, tentatively planned to be located behind city hall. The store will then have 72 hours to retrieve it during normal business hours, or will be forced to pay administrative costs for storage of the cart. Finally, if the cart isn’t picked up in 30 days, Clearlake will the dispose of or sell it.
Although they didn’t express opposition to the legislation, the citizens were concerned with how thieves were going to be treated because the current public draft lacks specific plans and penalties for those who steal carts.
Councilmember Russell Perdock assured the public that a fee and fine structure would soon follow.
Currently, state law applies, which labels the crime as a misdemeanor under California’s Business and Professions Codes. However, the state law creates a problem, Chief of Police Craig Clausen said, because the theft must be witnessed in order for a citation to be issued. Clausen implied that this new plan would allow for citations for anyone in possession of a stolen cart.
“The penalties being light are a problem,” Councilmember Bruno Sabatier said. “I would like that the thieves not be treated less than businesses.”
Those concerns were voiced by the Clearlake Dollar Tree’s assistant manager Melissa Wills-Markgraf, who was also against the ordinance. She told the council that the proposed plan, just like other prevention measures, will not work and will just put an unfair burden on businesses.
“It’s like preventing shoplifting,” she said. “We cannot stop people from stealing. It’s a good intention but it’s not going to solve the problem. It’d be easier to hire a subcontractor to return the carts.”
The council will hear a second revision of the measure at its next regular meeting on Dec. 10.
