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HomeMy WebLinkAbout10/15/2024 09.D. Ordinance amending City of Yakima Municipal Code Section 6.27, Shopping Cart Regulations < `y 1ljlt ii! 'I!I/ .______) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.D. For Meeting of: October 15, 2024 ITEM TITLE: Ordinance amending City of Yakima Municipal Code Section 6.27, Shopping Cart Regulations SUBMITTED BY: Brooke Hargreaves, Senior Assistant City Attorney SUMMARY EXPLANATION: The proposed ordinance would prohibit operation/possession of a shopping cart on public rights-of-way and in parks and allow for immediate seizure of the shopping cart. A person violating this ordinance would be subject to a civil infraction with a fine of$50.00. This proposed ordinance also allows the City to immediately impound abandoned or lost shopping carts on private land with consent of the party in possession of the land, and to immediately impound abandoned or lost shopping carts on public land. The City could already immediately impound most abandoned carts, but this amended language makes it clearer. There is still an impound fee charged to the owner (the business) of the seized shopping cart. Owners are still exempt from the fee if they have previously installed locking devices on their carts. If a cart is identified with specific identification requirements as set out in RCW 9A.56.270(2), the owner will receive written notice of impound and has 14 days to retrieve the cart or it can be disposed of. If a cart is not identified (most carts fall into this category), but the owner can still be determined, the owner will not receive written notice of impound but can still be charged an impound fee and has 14 days to retrieve the cart or it can be disposed of. These amendments to the ordinance streamline the process for impoundment and provide clear guidance as to notification to owners of carts that have been impounded. It is also proposed that the appeal section be removed; if a person is cited with the infraction of operation of a shopping cart, an appeal would be handled through the court. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Thriving Yakima RECOMMENDATION: Pass Ordinance. ATTACHMENTS: Ord-Amend YMC 6.27_redline.pdf Ord-Amend YMC 6.27 final.doc 302 ORDINANCE NO. 2024- AN ORDINANCE amending the City of Yakima Municipal Code Section 6.27, Shopping Cart Regulations BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Yakima Municipal Code Section 6.27, Shopping Cart Regulations, shall be amended to read as follows: Chapter 6.27 SHOPPING CART REGULATIONS Sections: 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.Impoundment and fees. 6.27.070 Fees and dDisposition of unclaimed shopping carts. 6.27.071 Operation of shopping cart on public right-of way or park. 6.27.075 Appeals. 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. (Ord. 2009-31 § 1 (part), 2009). 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. (Ord. 2009-31 § 1 (part), 2009). 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. (Ord. 2009-31 § 1 (part), 2009). 1 303 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: "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. "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. "Owner" means the owner or retailer identified by an identification sign on a shopping cart or, in relation to a shopping cart without an identification sign, the retail establishment that makes available that shopping cart for customers to use. 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 multistore complex or a shopping center shall include the entire parking area used by the multistore 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. (Ord. 2009-31 § 1 (part), 2009). 2 304 6.27.050 Shopping cart identification signs and notice required. A. Every shopping cart made available for use by customers shall have a permanent identification sign affixed to it in accordance with the identification requirements set out in RCW 9A.56.270(2), as now enacted or hereafter amended. 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. (Ord. 2019-047 § 1, 2019: Ord. 2009-31 § 1 (part), 2009). 6.27.060 Retrieval and impoundment procedureclmpoundment and fees. A. Impoundment of abandoned or lost shopping carts. The city may immediately impound an abandoned or lost shopping cart on private land within the city with the consent of the party in possession of the land and may immediately impound an abandoned or lost shopping cart on public land within the city. 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 the control of the city, or left on any right of way within the city, or on private property wherc the owner has consenter! to removal• and 0 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 twenty four hours from the date notice is given. 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 hours from the date notice is given to retrieve the cart before a collection fee is assessed; or 2. Lack of Identification. If a shopping cart is abandoned and located outsidc the prcmiscs 3 305 information affixed thereto as required by YMC 6.27.050, city cnforccmcnt personncl arc authorizcd to immcdiatcly rctrieve the shopping cart from public property owned by or under owner; or B. Evidence of a CrimcSeizure of shopping carts. Any lost or stolen shopping cart as defined by YMC 6.27.040 may be impounded as evidence in a criminal investigation under YMC 6.68.020 or any other criminal investigation. Any shopping cart operated in violation of YMC 6.27.071 is also subject to seizure. (Ord. 2023-042 § 1, 2023; Ord. 2019-047 § 2, 2019: Ord. 2018-030 § 1, 2018: Ord. 2009-31 § 1 (part), 2009). C. Notification. The city shall notify the owner of each impounded or seized shopping cart in writing if the shopping cart has an identification sign as required by YMC 6.27.050(A). If delivered by U.S. mail, the notice shall be deemed to have been received three days after mailing. The notice shall state the amount of the impound or seizure fee and that the owner has 14 days from the date of receipt to retrieve the shopping cart. The notice shall also state that if the shopping cart is not retrieved within 14 days, the city may dispose of the shopping cart. D. Impound or seizure fee. The city shall charge a shopping cart collection fee to the owner of each shopping cart impounded or seized by the city. The fee per cart shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council 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 fee. 6.27.070 Fees and disposition of carts.Disposition of Unclaimed Shopping Carts. The city may sell or otherwise dispose of any carts impounded by the city that are either not retrieved within 14 days following the receipt of notification or without an identification sign as required by YMC 6.27.050(A). A. Impounded Carts. When a shopping cart bearing the identification of ownership as required by YMC 6.27.050, or bearing other such ownership information or idcntification that is in thc city's determination sufficient to establish ownership, is impounded in accordance with this chapter, the city may charge a cart collection fee to the owner of the shopping cart. The fee per cart shall be set forth in the city of Yakima master fee schedule adopted via resolution by thc city council 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 fee. 1. Fee Deferrals. Within any calendar month, enforcement personnel shall defer fees for the first three impounded carts owned by any business that, prior to the impoundment, has waived the impound notice requirement. If four or more shopping carts under common ownership are impounded within a calendar month no fees shall be deferrer! by , enforcement personnel. B. Disposition of Carts. The city may sell or etheRvise dispose of any cart not reclaimed within fourteen days from the date of notification to the owner or the owner's agent of the cart's discovery and location. (Ord. 2022 N0 § 28, 2022; Ord. 2019 0'17 § 3, 2019: Ord. 2018 030 § 2, 2018: Ord. 2009 31 § 1 (part), 2009). 4 306 6.27.071 Operation of shopping cart on public right-of way or park. It is a civil infraction to push, pull, possess or otherwise operate a shopping cart on a public right-of-way or in a city park. The fee per cart shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council. 6.27.075 Appeals. A. Filing of Appeal. Any owner or their authorized agent aggrieved by any adverse decision such decision by filing with the city manager or their designee a written notice of appeal briefly stating the grounds for such appeal. No appeal shall be accepted for filing and processing unless accompanied by the appeal processing fee. The appeal fee shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council. B. Notice of Hearing. If the appeal is timely filed, the city manager or their designee shall causc the matter to be set for hearing. The appellant shall be provided not less than ten designee. The city may present evidence supporting the decision. The appellant may present c-✓idencc as to why the decision was improper or should be reversed. Within ten calendar days following the hearing, the city manager or their designee shall issue a written decision affirming, modifying, or reversing the decision. The decision shall be final. (Ord. 2023 0'12 § 2, 2023). 6.27.080 Severability. If any section, subsection, paragraph, sentence, clause or phrase of the ordinance codified in this chapter is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. (Ord. 2009-31 § 1 (part), 2009). Section 2. 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 day of , 2024. ATTEST: Patricia Byers, Mayor Rosalinda Ibarra, City Clerk Publication Date: Effective Date: 5 307 ORDINANCE NO. 2024- AN ORDINANCE amending the City of Yakima Municipal Code Section 6.27, Shopping Cart Regulations BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Yakima Municipal Code Section 6.27, Shopping Cart Regulations, shall be amended to read as follows: Chapter 6.27 SHOPPING CART REGULATIONS Sections: 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 Impoundment and fees. 6.27.070 Disposition of unclaimed shopping carts. 6.27.071 Operation of shopping cart on public right-of way or park. 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. (Ord. 2009-31 § 1 (part), 2009). 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. (Ord. 2009-31 § 1 (part), 2009). 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. (Ord. 2009-31 § 1 (part), 2009). 1 308 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: "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. "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. "Owner" means the owner or retailer identified by an identification sign on a shopping cart or, in relation to a shopping cart without an identification sign, the retail establishment that makes available that shopping cart for customers to use. "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 multistore complex or a shopping center shall include the entire parking area used by the multistore 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. (Ord. 2009-31 § 1 (part), 2009). 2 309 6.27.050 Shopping cart identification signs and notice required. A. Every shopping cart made available for use by customers shall have a permanent identification sign affixed to it in accordance with the identification requirements set out in RCW 9A.56.270(2), as now enacted or hereafter amended. 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. (Ord. 2019-047 § 1, 2019: Ord. 2009-31 § 1 (part), 2009). 6.27.060 Impoundment and fees. A. Impoundment of abandoned or lost shopping carts. The city may immediately impound an abandoned or lost shopping cart on private land within the city with the consent of the party in possession of the land and may immediately impound an abandoned or lost shopping cart on public land within the city. B. Seizure of shopping carts. Any lost or stolen shopping cart as defined by YMC 6.27.040 may be impounded as evidence in a criminal investigation under YMC 6.68.020 or any other criminal investigation. Any shopping cart operated in violation of YMC 6.27.071 is also subject to seizure. (Ord. 2023-042 § 1, 2023; Ord. 2019-047 § 2, 2019: Ord. 2018-030 § 1, 2018: Ord. 2009-31 § 1 (part), 2009). C. Notification. The city shall notify the owner of each impounded or seized shopping cart in writing if the shopping cart has an identification sign as required by YMC 6.27.050(A). If delivered by U.S. mail, the notice shall be deemed to have been received three days after mailing. The notice shall state the amount of the impound or seizure fee and that the owner has 14 days from the date of receipt to retrieve the shopping cart. The notice shall also state that if the shopping cart is not retrieved within 14 days, the city may dispose of the shopping cart. D. Impound or seizure fee. The city shall charge a shopping cart collection fee to the owner of each shopping cart impounded or seized by the city. The fee per cart shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council 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 fee. 6.27.070 Disposition of Unclaimed Shopping Carts. The city may sell or otherwise dispose of any carts impounded by the city that are either not retrieved within 14 days following the receipt of notification or without an identification sign as required by YMC 6.27.050(A). 3 310 6.27.071 Operation of shopping cart on public right-of way or park. It is a civil infraction to push, pull, possess or otherwise operate a shopping cart on a public right-of-way or in a city park. The fee per cart shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council. 6.27.080 Severability. If any section, subsection, paragraph, sentence, clause or phrase of the ordinance codified in this chapter is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. (Ord. 2009-31 § 1 (part), 2009). Section 2. 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 15th day of October, 2024. ATTEST: Patricia Byers, Mayor Rosalinda Ibarra, City Clerk Publication Date: Effective Date: 4 311