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HomeMy WebLinkAbout2009-031 Shopping Carts. YMC Adding 6.27 ORDINANCE NO 2009 -31 AN ORDINANCE relating to Public Safety; regulating lost, stolen, or abandoned shopping carts by adding a new Chapter 6.27 to the Yakima Municipal Code which requires identification on shopping carts, authorizes enforcement personnel to impound lost, stolen, and abandoned shopping carts, and authorizes fees for impoundment or other disposition of lost, stolen, or abandoned shopping carts. BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 Section 6.27 entitled "Shopping Cart Regulations" of the City of Yakima Municipal Code is hereby enacted as a new chapter to read as follows Chapter 6.27 SHOPPING CART REGULATIONS 6.27.010 Purpose. 6.27.020 Declaration of Nuisance. 6.27.030 Exemptions. 6.27.040 Definitions. 6.27.050 Shopping Cart Identification Signs and Notice Required. 6.27.060 Retrieval and Impoundment Procedures. 6.27.070 Fees and Disposition of Carts. 6.27.080 Severability 6.27.010 Purpose. It is the primary purpose of this Chapter to provide for the prompt retrieval of lost, stolen or abandoned shopping carts to promote public safety and improve the image and appearance of the City It is a further purpose of this Chapter to prevent the accumulation of illegally removed carts on public or private properties 6.27.020 Declaration of Nuisance Retail establishments provide shopping carts for the convenience of customers shopping on the premises of the businesses. Shopping carts that have been removed from the premises of the business and left abandoned on public or private property throughout the City constitute a public nuisance and a potential hazard to the health and safety of the public. Shopping carts abandoned on public and private property can create conditions of blight in the community, obstruct free access to sidewalks, streets and other rights -of -way, interfere with pedestrian and vehicular traffic on pathways, driveways, public and private streets, and impede emergency services. It is for these reasons that such lost, stolen, or abandoned shopping carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this Chapter, or in any other manner provided by law 6.27.030 Exemptions This Chapter shall not apply to shopping carts that are removed for repair or maintenance authorized by the owner or owner's agent. 6.27.040 Definitions. Except as otherwise expressly set forth herein, the following words and terms as used in this Chapter shall have the following meanings: "Authorized Agent" means the owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart. "Authorized Customer" means a customer of the retail establishment, having the written permission of the owner or owner's agent to remove the shopping cart from the business premises "Enforcement Personnel" means any police officer, code enforcement inspector, or designated staff employed by the City of Yakima. AMM /Ordinance Form Shopping Carts/Page 1 of 3 "Lost or Stolen Shopping Cart" means a shopping cart that is both. A. Marked with the identifying information required by YMC 6.27 050, and B. Removed from the premises of a retail establishment by any person other than an authorized agent, an authorized customer, enforcement personnel, or a person with proof of ownership of the shopping cart. "Abandoned Shopping Cart" means any shopping cart left unattended or discarded upon any public property owned by or under the control of the City, or left on any right -of -way within the City, or private property other than the premises of the retail establishment from which the shopping cart was removed. "Owner" means any person or entity, in connection with the functions of a business who owns, leases, possesses, or makes a shopping cart available to customers or the public. "Parking Area" means a parking lot or other property provided by a retail establishment for the use of customers of said retail establishment for the parking of customer vehicles. The parking area of a retail establishment located in a multi -store complex or a shopping center shall include the entire parking area used by the multi -store complex or shopping center "Premises" means any building, property, or other area upon which any retail establishment business is conducted or operated in the City of Yakima, including the parking area provided for customers in such retail establishment. "Retail Establishment" means any business located in the City of Yakima which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store. "Shopping Cart' or `Cart" means a motorized or non - motorized basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. 6.27.050 Shopping Cart Identification Signs and Notice Required. A. Every shopping cart made available for use by customers shall have a sign permanently affixed to it that includes the identification of the retail establishment or owner of the shopping cart in accordance with RCW 9A.56.270 and YMC 6 68.200 B Every retail establishment shall post in a conspicuous location on the retail establishment property a notification to the public that unauthorized removal of shopping carts from the premises of the business and the unauthorized possession of a shopping cart is unlawful The posted notification shall also contain the procedure to be utilized for authorized removal of the cart from the business premises C Every retail establishment shall keep on file with the City of Yakima Department of Refuse a current telephone number and physical address at which the retail establishment may be contacted for the purpose of reporting the location of abandoned, lost, or stolen shopping carts. 6.27.060 Retrieval and Impoundment Procedures A. Impoundment with Notice. Enforcement personnel may impound an abandoned shopping cart which has affixed to it identification information as required by YMC 6.27 050, if the following conditions have been satisfied: 1 Location outside of premises. The shopping cart is located outside the premises or parking area of a retail establishment and is located on public property owned by or under the control of the City, or left on any right -of -way within the City, or on private property where the owner has consented to removal; and 2 Notice of the cart's discovery and location is given to the shopping cart's owner, retailer, or agent unless such notice has been voluntarily waived by the shopping cart's owner, retailer, or agent; and AMM /Ordinance Form Shopping Carts/Page 2 of 3 3 Failure to retrieve cart. The shopping cart is not retrieved within ninety -six (96) hours from the date notice is given. The ninety -six (96) hours shall be calculated using only days Monday through Friday and will not include weekend days Saturday and Sunday B Impoundment without Notice. A shopping cart may be impounded without notice if one of the following conditions is satisfied: 1 Hazardous Location. If a shopping cart will impede emergency services, or the normal flow of vehicular or pedestrian traffic, City enforcement personnel are authorized to immediately retrieve the shopping cart from public or private property and impound it. If the cart has identification information affixed, the owner will be notified and given ninety -six (96) hours to retrieve the cart before a collection fee is assessed using the time calculation listed in YMC 6.27 060(3), or 2. Lack of Identification If a shopping cart is abandoned and located outside the premises or parking area of a retail establishment and does not have the required identification information affixed thereto as required by YMC 6.27 050, City enforcement personnel are authorized to immediately retrieve the shopping cart from public property owned by or under control of the City, any right -of -way within the City, or private property with the consent of the owner, or 3 Evidence of a Crime Any lost or stolen shopping cart as defined by YMC 6.27 040(D) may be impounded as evidence in a criminal investigation under YMC 6 68.200 or any other criminal investigation. 6.27.070 Fees and Disposition of Carts. A. Impounded Carts. When a shopping cart is impounded in accordance with this Chapter, the City may charge a cart collection fee to the owner of a shopping cart. The fine shall be in the amount of $25 per cart and each cart collected shall constitute a separate violation. Any owner having installed a locking device on its carts which has been disabled by one other than the owner or his agent shall be exempt from the fine B Disposition of Carts. The City may sell or otherwise dispose of any cart not reclaimed within seven (7) days from the date of notification to the owner or the owner's agent of the cart's discovery and location 6.27.080 Severabilitv If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 2. This ordinance shall be in full force and effect thirty (30) days after its passage, approval and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and app -•ved this 7th da`of J , 2009 avid Edler, ayor ATTEST r ;.� ,± Oa - City Clerk Publication Date. July 10, 2009 Effective Date August 9, 2009 AMM/Ordinance Form Shopping Carts/Page 3 of 3 , BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON • AGENDA STATEMENT Item No 2 C) For Meeting of 7-'7 -0(7 ITEM TITLE. Consideration of an Ordinance Relating to Public Safety; Adding a New Chapter 6.27 to the Yakima Municipal Code, Entitled "Shopping Cart Regulations." SUBMITTED BY Chris Waarvick, Director of Public Works Nancy Fortier, Refuse and Recycling Manager CONTACT PERSON/TELEPHONE. Nancy Fortier /576 -6421 SUMMARY EXPLANATION Abandoned shopping carts obstruct access to sidewalks, streets and other right -of -ways, they interfere with pedestrian and vehicular traffic and they create an environment for illegal dumping. Shopping cart regulations provide the Refuse Division with the necessary tools to require proper identification of the cart owner and address, establish a procedure to notify the owner to retrieve the cart; and in the case where the cart is not retrieved, the regulations provide the Refuse Division the authority to impound the shopping cart and return it to its proper Owner We reviewed other shopping cart ordinances from cities in the Northwest. Some regulations were quite extensive, including detailed plans and procedures for businesses to follow Our intent was to propose gentler regulations that will work both for businesses providing shopping carts for their customers and for the City of Yakima Staff met with business representatives at the Chamber of Commerce on March 27, 2009 to discuss the proposed ordinance, copies were sent to local businesses and the proposed ordinance was presented to the Council Public Safety Committee The attached Ordinance, relating to Public Safety; regulating lost, stolen, or abandoned shopping carts by adding a new Chapter 6.27 to the Yakima Municipal Code is being submitted Resolution _ Ordinance X Contract _ Other (Specify) Mail to (name and address) Phone Funding Source APPROVED FOR SUBMITTAL. ,f L✓■ " I ity Manager STAFF RECOMMENDATION Staff respectfully requests the City Council pass the Ordinance BOARD /COMMISSION /COMMITTEE RECOMMENDATION On June 4, 2009, the Council r Public Safety Committee approved forwarding the Ordinance to the full Council with a ecommendation for approval. COUNCIL ACTION III] 110 llI 1111 II 1 „II 11,11 III III * 7 6 7 5 9 7 2 6* FILE# 7675972 YAKIMA COUNTY, WA 12/09/2009 09 14 46AM ORDINANCE PAGES 6 CITY OF YAKIMA PLANNING Recording Fee 67 00 12/7/09 Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title Ordinance No. 2009 -50 Grantor' City of Yakima Grantee Harnet Dahl ABBREVIATED LEGAL DESCRIPTION: All those portions of Government Lot 1 in Section 19, Township 13 North, Range 18 East, W.M. being further described as follows. (see Exhibit `A' of attached Ordinance for complete legal description) PARCEL NUMBER: 181319 -22003 ORDINANCE NO 2009 -50 AN ORDINANCE conceming annexation, annexing the Dahl Annexation area to the City of Yakima, maintaining the current zoning of the area, providing for notice to the WUTC of the City's intent to provide residential refuse collection and disposal service, assumption of the City's current indebtedness by properties in the Dahl Annexation area; and an effective date of December 6, 2009 WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the Dahl Annexation hereinafter described, and WHEREAS, the City duly filed a notice of intention with the state Boundary Review Board for Yakima County (BRB) for the Dahl Annexation. No request was submitted invoking BRB jurisdiction, therefore on October 14, 2009 the Dahl Annexation was deemed approved by the Board; and WHEREAS, garbage and refuse collection within the Dahl Annexation area is presently being provided by Yakima Waste Systems, Inc., under authority issued by the Washington Utilities and Transportation Commission (WUTC) to both residential and commercial accounts and the City desires to provide such services to residential accounts only in accordance with RCW 35 13.280; and WHEREAS, RCW 35 13.280 requires the City to grant Yakima Waste Systems, Inc., as the current WUTC - authorized provider of garbage and refuse collection and disposal service within the Dahl Annexation area, a franchise to continue such service to residential properties within the Dahl Annexation area for a term of not Tess than seven years after annexation becomes effective. Such franchise does not apply to garbage and refuse generated by commercial establishments because the City does not provide or contract for such service. The City understands that collection and disposal services to all commercial accounts within the City is now subject to and shall remain under the authority of the WUTC and that, pursuant to state law, Yakima Waste Systems, Inc., shall, under its WUTC authority, continue to provide garbage and refuse collection and disposal services to all commercial accounts within the City, including such accounts in the Dahl Annexation area; and WHEREAS, RCW 35 13.280 requires the City to provide specific notice to the WUTC regarding the City's intent, pursuant to RCW 81 77 020, and subject to the provisions of RCW 35 13.280, to provide residential refuse collection and disposal service to the Dahl Annexation area; and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on October 6, 2009 and, as a result thereof, finds: 1 The annexation petition requirements of RCW 35 13 120 have been satisfied in that the owners of not Tess than sixty percent in value according to the assessed valuation for general taxation of the Dahl Annexation area. 2. The Dahl Annexation area should be annexed to the City of Yakima. 3 The Comprehensive Plan designation for Dahl Annexation area should be changed to Low Density Residential, to conform to the Yakima Urban Area Comprehensive Plan, the General Plan of the City of Yakima and the zoning should be changed to R -1, Single - Family Residential to conform to the Yakima Urban Area Zoning Ordinance 4 The owners of the real property within the Dahl Annexation area should be required to assume their pro rata share of the existing indebtedness of the City of Yakima. 5 The needs of the City and community do require the hereinafter set forth zoning classification, and the highest and best use for said property is as hereinafter determined NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON Section 1. The property identified on the map attached hereto as Exhibit "A" and legally described in Exhibit "B ", attached hereto and incorporated by reference herein, referred to below as the "Dahl Annexation," is hereby annexed to the City of Yakima, Washington Section 2. The owners of the real property within the Dahl Annexation area shall be required to assume existing indebtedness of the City of Yakima. Section 3. The Urban Area Comprehensive Plan designation for the Dahl Annexation area is hereby changed to Low Density Residential Section 4. The next regularly amended Zoning District Map prepared by and for the City of Yakima shall show the Dahl Annexation zoned and classified R -1, Single - Family Residential. Section 5. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the County Auditor of Yakima County and with the Board of County Commissioners of Yakima County, Washington, and to transmit a certified copy of this ordinance to the Washington Utilities and Transportation Commission to notify it of the City's intent, pursuant to § 81 77 020 RCW, and subject to the provisions of § 35 13.280 RCW, to provide residential refuse collection and disposal service to the Dahl Annexation area. Section 6. The City Clerk is hereby authorized and directed to provide, as required by RCW 35 13.270, notification by certified mail that includes a list of the Assessor's Tax Parcel numbers of all properties within the Dahl Annexation, to the Yakima County Treasurer and Assessor at least thirty days before the effective date of the annexation. Section 7. There is hereby granted to Yakima Waste Systems, Inc., in accordance with and for the term provided by RCW 35 13.280, an exclusive franchise to provide garbage and refuse collection and disposal service to residential properties within the Dahl Annexation area, in accordance with the specific terms of Ordinance Nos. 3220 and 3445 of the City of Yakima and in accordance with the terms of the Franchise Agreement attached to Ordinance No 3220 (amended by Ordinance No 3445) of the City of Yakima. Such franchise does not apply to garbage and refuse generated by commercial establishments because the City does not provide or contract for such service The City understands that collection and disposal services to all commercial accounts within the City is now subject to and shall remain under the authority of the WUTC and that, pursuant to state law, Yakima Waste Systems, Inc., shall, under its WUTC authority, continue to provide garbage and refuse collection and disposal services to all commercial accounts within the City, including such accounts in the Dahl Annexation area. Section 8. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter • PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 3rd day of November, 2009 A 0 %100 Davi • dler, Mayor ATTEST City Clerk •(A K/Mq'a, t 6 * i Publication Date November 6 2, : E J L ; a Effective Date December 6 200 ° ...... 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X �� 2n m rn 3 x OW X 0 -< y m v y n _ _ F. m N ul m O 8 m C LEGAL DESCRIPTION FOR THE DAHL ANNEXATION All those portions of Government Lot 1 in Section 19, Township 13 North, Range 18 East, W M being further described as follows Beginning at a point along the city limits of the city of Yakima, said point being the intersection of east line of Government Lot 1 and the centerline of the vacated Tieton Canal, thence westerly along the aforesaid centerline to the south line of Government Lot 1, thence westerly to the west line of Govemment Lot 1, thence north along the section line to a point 900 feet south of the north line of Government Lot 1, thence east parallel with the subdivision line to the east line of Government Lot 1, thence southerly along the east line of Government Lot 1 to the point of beginning Yakima County Public Works Department checked for accuracy of legal description only Ke . McHen E T r„ •sportation Engineerins manager EXHIBIT B