REPORT to the City COuncil
November 20, 2025
FROM: ANDREW JANZ, City Attorney
City Attorney’s Office
BY: ASHLEY PAULSON, Chief Assistant City Attorney
City Attorney’s Office
SUBJECT
Title
Actions pertaining to the amendment of various ordinances:
1. BILL - (For Introduction) - Amending Chapter 9 Article 31 Section 9-3104 of the Fresno Municipal Code, relating unlawful possession and abandonment of carts
2. BILL - (For Introduction) - Amending Chapter 9 Article 25 Section 9-2507 of the Fresno Municipal Code relating to exposure of minors to tobacco products
3. BILL - (For Introduction) - Amending Sections 10-2101 of the Fresno Municipal Code relating to the prohibition of camping in public places
4. BILL - (For Introduction) -Adding Chapter 9, Article 37 of the Fresno Municipal Code, Relating to unauthorized possession and use of a City, an Authorized Cart/Bin Collection Agent, or Authorized Roll-Off Collector owned trash containers
5. BILL - (For Introduction) - Adding Chapter 9, Article 38 of the Fresno Municipal Code, Relating to criminal prosecution of wage theft
Body
RECOMMENDATION
The City Attorney’s Office recommends that the City Council amend the following Fresno Municipal Codes: 9-3104 Unlawful Possession and Abandonment of Carts, 9-2507 Exposure of Minors to Tobacco Products, 10-2101 Prohibition of Camping in Public Places, and add Chapter 9, Article 37 related to unauthorized possession and use of trash containers, and Chapter 9, Article 38 related to Criminal Prosecution of Wage Theft.
EXECUTIVE SUMMARY
The City Attorney’s Office is proposing to amend Fresno Municipal Code 9-3104 Unauthorized Use of Shopping Carts, to require that signage on carts state the following: (1) Identity of owner or retailer, (2) notify the public of the procedure for authorized removal of cart from the owner’s premises, (3) specify that the unauthorized removal or possession is a violation of state law, and (4) provide a valid telephone number or address for returning the cart.
In order to conform with State Law, the City Attorney’s Office proposes to amend Fresno Municipal Code 9-2507 Exposure of Minors to Tobacco Products, to increase the age of tobacco possession from 18 years old to 21 years old.
The City Attorney’s Office is proposing to amend Fresno Municipal Code 10-2101 to provide additional remedies provided by law, that will allow the City Attorney to institute a civil action to abate the public nuisance or enjoin a person who has been previously convicted or cited for violating this article. The proposed amendment would also authorize the City Attorney to enforce any order or injunction issued by a court that is intended to protect the public health and safety, enforce City codes or safeguard the rights of residents.
Chapter 9, Article 37 is added to the Fresno Municipal Code related to Unauthorized Possession and Use of a City, an Authorized Cart/Bin Collection Agent, or Authorized Roll-Off Collector Owned Trash Containers; the purpose of this proposed article is to protect public health, safety and welfare by regulating the unauthorized removal, theft, or possession of a City, an authorized cart/bin collection agent, or authorized roll-off collector owned trash bin.
Article 38 is added to the Fresno Municipal Code relating to Criminal Prosecution of Wage Theft. The purpose of this article is to protect workers against wage theft and misclassification by enhancing the enforcement available to the City for violations of the California Labor Code relating to wage and hour laws and employee classification.