HomeMy WebLinkAbout2024-031 Ordinance amending City of Yakima Municipal Code Section 6.27, Shopping Cart Regulations ORDINANCE NO. 2024-031
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).
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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).
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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).
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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: _- PKIMq 14 Patricia By, s, Mayor
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Publication Date: October 19, 2024
Effective Date: November 18, 2024
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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
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