HomeMy WebLinkAbout1999-014 shopping cart theft, abandoned refrigerators, laser pointers ORDINANCE NO. 99 - 14
AN ORDINANCE relating to public safety and morals; Prohibiting
shopping cart theft, abandoning refrigeration equipment, and unsafe use of
laser pointers, and adopting as new sections, ; sections 6.04.030, 6.56.130,
and 6.68.200 all of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.04.030 of the City of Yakima Municipal Code is
hereby added as a new section, to read as follows:
"6.04.030 Unsafe use of laser pointers.
A. Any person who intentionally points a laser pointer or laser gun
sight at another person with intent to vex or annoy is guilty of a
misdemeanor.
B. Any person who intentionally points a laser pointer or laser gun
sight at a known police officer or at the driver of a motor vehicle is guilty of
a gross misdemeanor.
Section 2. Section 6.56.130 of the City of Yakima Municipal Code is
hereby added as a new section, to read as follows:
"6.56.130 Abandoning, discarding refrigeration equipment.
Any person who discards or abandons or leaves in any place
accessible to children any refrigerator, icebox, or deep freeze locker having a
capacity of one and one -half cubic feet or more, which is no longer in use,
and which has not had the door removed or a portion of the latch mechanism
removed to prevent latching or locking of the door, is guilty of a
misdemeanor."
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Section 3. Section 6.68.200 of the City of Yakima Municipal Code is
hereby added as a new section, to read as follows:
"6.68.200 Shopping cart theft.
A. It is unlawful to do any of the following acts, if a shopping cart
has a permanently affixed sign as provided in subsection B of this section:
1) To remove a shopping cart from the parking area of a retail
establishment with the intent to deprive the owner of the shopping cart the
use of the cart; or
2) To be in possession of any shopping cart that has been removed
from the parking area of a retail establishment with the intent to deprive the
owner of the shopping cart of the use of the cart.
B. This section shall apply only when a shopping cart: (1) has a
sign permanently affixed to it that identifies the owner_ of the cart or the
retailer, or both; (2) notifies the public of the procedure to be utilized for
authorized removal of the cart from the premises; (3) noti-fies =the public that
the unauthorized removal of the cart from the premises or parking area of the
retail establishment, or the unauthorized possession of the cart, is unlawful;
and (4) lists a telephone number or address for returning carts removed from
the premises or parking area to the owner or retailer.
C. Any Person who violates any provision of this section is guilty
of a misdemeanor."
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Section 4. This ordinance shall be in full force and effect 30 days
after its passage, approval and publication as provided by law and by the
City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this
i Of Day of j4-iQ H- , 1999.
ATTEST: John Puccinelli, Mayor
CITY CLERK
Publication Date:
Effective Date: - - - / g -99
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 3 — 4, -9
ITEM TITLE: AN ORDINANCE relating to public safety and morals;
Prohibiting shopping cart theft, abandoning refrigeration equipment, and
unsafe use of laser pointers
SUBMITTED BY: Jeff B. West, City Prosecutor.
CONTACT PERSON: Jeff B. West, City Prosecutor, 575 -6033
SUMMARY EXPLANATION: The ordinances prohibiting shopping
cart theft and abandoned refrigeration equipment are adoptions of state
statutes. Up to this point, these statutes have not been presented to council
for adoption as city ordinances because there was no perceived need. The
need has now arisen. Shopping cart theft is added at the request of the
Police Depai tment to combat a rising cart theft problem. The refrigeration
equipment ordinance should be adopted at this time to respond to several
neighborhood complaints about abandoned refrigerators.
(continued on page two).
Resolution Ordinance _x_ Contract Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL:
Ciey Manager
STAFF RECOMMENDATION: Pass ordinance
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
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(cont.)
The laser ordinance . is original. It is presented at the request of the Police
Department. Recently, two City police officers have been "targeted" using
laser pointers. In both incidences the officers were in marked police
cruisers. Not only does this behavior distract the officers from their normal
duties, it also creates a significant risk of automobile accident or eye injury
since these lasers, when directed at the eye, are known to cause temporary
blindness and, potentially, permanent eye injury.
All three violations should be charged infrequently, thus engendering
minimal fiscal impact for court, prosecution, and police services.
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