Loading...
HomeMy WebLinkAbout07/07/2009 20 Shopping Cart Regulations; YMC New Chapter 6.27 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. `- 2_0 For Meeting of . 7--'7 ocI ITEM TITLE: Consideration of an Ordinance Relating to Public Safety; Adding a New Chapter 627 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: ity Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council pass the Ordinance. BOARD /COMMISSION /COMMITTEE RECOMMENDATION: On June 4, 2009, the Council Public Safety Committee approved forwarding the Ordinance to the full Council with a recommendation for approval. COUNCIL ACTION: ORDINANCE NO. 2009 - 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 identificatiori 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 AMM /Ordinance Form Shopping Carts/Page I of 5 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. "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. AMM /Ordinance Form Shopping Carts/Page 2 of 5 "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 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 AMM /Ordinance Form Shopping Carts/Page 3 of 5 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 Severabiiit /. 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. AMM /Ordinance Form Shopping Carts/Page 4 of 5 PASSED BY THE CITY COUNCIL, signed and approved this day of , 2009. DAVID EDLER, MAYOR ATTEST: CITY CLERK Publication Date: Effective Date: AMM /Ordinance Form Shopping Carts/Page 5 of 5