Parkland/Ravine Clean Up in the

East York Community throughout

the Don River System

The East York Community Council recommends that Council authorize the provision of a City-owned vehicle to assist the East York General Radio Emergency Service (EYGRES) in its park and ravine clean-up projects in the East York area.

The East York Community Council reports having requested the City Solicitor, in consultation with the Commissioner of Economic Development, Culture and Tourism, to submit a report directly to Council when this matter is being considered on a means that would allow EYGRES to make use of a City-owned vehicle, such report to include comment with respect to the necessary insurance coverage, indemnity, abstract, and any other required conditions.

The East York Community Council submits the following report (June 2, 1999) from the City Solicitor:

Purpose:

To respond to Council's request that the Commissioner of Economic Development, Culture and Tourism be requested to report on the legal obligations of retail stores to accept abandoned shopping carts found in ravine/park areas and any possible solutions available to the municipality to remedy this issue.

Funding Sources, Financial Implications and Impact Statement:

N/A

Recommendations:

It is recommended that this report be received for information.

Council Reference/Background/History:

At its meeting of May 6, 1998 the East York Community Council had before it a communication from Mr. Chris Salmond advising of the park and ravine clean-up projects conducted by East York General Radio Emergency Service (EYGRES), Mimico Correction Centre and the general public.

The communication reported that a large number of abandoned shopping carts were found during clean up activities. EYGRES advised that it would undertake a collection and return service and provide a driver if the City would provide a vehicle.

The East York Community Council requested that the Interim Functional lead for Parks and Recreation report on the legal obligations of retail stores to accept abandoned shopping carts found in ravine/park areas and any possible solutions available to the municipality to remedy this issue.

This matter was referred to the City Solicitor by the Commissioner of Economic Development; Culture and Tourism in order to report on the legal obligations as requested by East York Community Council.

Report

There is no legal obligation for retail stores to accept the return of abandoned shopping carts, nor is there any means of establishing conclusively whether a particular shopping cart belongs to a particular store in order to return it to the appropriate store unless the store's name and address appears on the cart. From a practical perspective, in all likelihood, most retail stores would gratefully accept the return of their carts, however, if a store refused to do so there is no legal means available to the City to force the return upon the retail store.

The problem with respect to abandoned carts relates more to the issue of illegal dumping than to the return of the abandoned carts. Charges may be laid for the dumping of shopping carts on City property, however, in order to do so the dumping would have to be witnessed and charges laid at the time. Chances of this happening are remote. If the City wishes to curtail this activity it would best be approached by encouraging the retail stores to promote the return of carts either through coin return carts, or enhanced security to discourage carts from leaving the retail premises. Providing a free return service would not encourage this.

In the event that a City-owned vehicle is used by EYGRES it would be necessary to ensure that the appropriate insurance is in place in order to ensure that the City is not exposed to liability.

Contact Name:

Jasmine Stein, Solicitor

392-7226

jstein@toronto.ca

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The East York Community Council also had before it a communication (July 12, 1999) from Mr. Christopher Salmond, Managing Director, East York General Radio Emergency Service, commenting on the foregoing report (June 2, 1999) from the City Solicitor.

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Mr. Christopher Salmond, Managing Director, East York General Radio Emergency Service, appeared before the East York Community Council in connection with the foregoing matter.