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11/19/2019 13 Discussion on Shopping Carts a\'4\lyy bxk ik 1 PP1-:4d PPP g. A PPPPPP+Pd s' lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 13. For Meeting of: November 19, 2019 ITEM TITLE: Discussion regarding shopping carts SUBMITTED BY: Jeffrey Schaap,Assistant City Attorney SUMMARY EXPLANATION: Prior to dissolution, the Public Safety Committee asked the Legal Department to brief them on the issue of off-site shopping carts and the City's current response with regard to the issue. In response to this request, the Legal Department prepared a memorandum outlining Yakima Municipal Code 6.27 "Shopping Cart Regulations." The memorandum was presented in committee. After discussion amongst committee members, the committee directed staff to prepare an ordinance for the committee's review that would amend YMC 6.27 by(1) increasing the collection fee assessed against the owners of impounded shopping carts from $50 to $500 per cart and (2) reduce the notice period before impound for shopping cart owners to retrieve an abandoned cart with proper identification from ninety-six hours to twenty-four hours. These committee requested amendments were to be brought before the committee again to discuss alongside any other staff recommendations. The attached ordinance incorporates the amendments the former committee requested for the review of the council as a whole. If council wishes to amend this ordinance, it would also be useful to amend section 6.27.050(A); this is the section which addresses the identification requirement of carts. The identification requirements section appears to attempt to incorporate by reference an RCW which outlines, amongst other things, identification requirements for carts (in the context of prosecution of the criminal offense of "shopping cart theft"). However, the verbiage used has created debate as to whether the RCW is incorporated fully or not. If the council were to amend the section to clearly adopt by reference RCW 6.27.050 this would eliminate the confusion. The identification requirement component matters in that carts without the proper identification are subject to immediate impound (i.e. removal from the off-site location) rather than subject to the requirement that notice be given before they are impounded. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER 2 RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Draft crdatance re alitcppng carts track changer, 11r6 201B Backup Material 3 ORDINANCE NO. 2O1S^ /\N [>R�]|N/\NCE relating to shopping carts; amending Chapter 6.27 of the Yakima Municipal Code relating to shopping cart regulations BE |T ORDAINED B`f THE CITY [>FYAK|M/\: Seotion1. The following section, G.27.OGO. of the City of Yakima Municipal Code is hereby amended to read asfollows: G.27.OGO Retrieval and impoundment procedures. A. Impoundment with Notice. Enforcement personnel may impound on abandoned shopping cart which has affixed to it identification information as required by YMC 6.27.050, if the following conditions have been satisfied: l. 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 bynr under the control nf the city, nr left nn any right'nf- vvaywithintheoity. oronprivateprupartymherethaom/nerhasuunsanted to removal; and 2. Notice of the uart'u discovery and location is given to the shopping cod'n owner, retailer, or agent unless such notice has been voluntarily waived by the shopping uart's owner, retailer, ur agent; and 3. Failure to Retrieve Cart. The shopping cart io not retrieved within ninety'six huur,, t*enty four hours from the date notice isgiven. B. Impoundment without Notice. /\shopping cart may be impounded without notice if one of the following conditions is satisfied: 1. Hazardous Location. |fa shopping cart will impede emergency services, or the normal flow uf vehicular or pedestrian traffic, city enforcement personnel are authorized to immediately retrieve the shopping cart from public or private property and impound it. |f the cart has identification information affixed, the owner will be notified and given ninety- sixhuurutoretrimvmthmuartbeforeaou||ectionhaeiuuuueusmdusinQthe time calculation listed in subsection (�0(3) ofthinnectinn�' or `� ,` ' Z. Lack of Identification. |fa 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 YMCG27.O5O' city enforcement personnel are authorized toimmediately retrieve the shopping cart from public property owned byor under control of the city, any right-of-way within the city, or private property writh the consent of the owner; nr * 3. Evidence ufa Crime. Any lost or stolen shopping cart uu defined bv YMCG27.O4O may be impounded an evidence ina criminal investigation under YMCG.G8.O2Oor any other criminal investigation. Seotion2. The following section, G27.O7O. of the City of Yakima Municipal Code is hereby amended to read asfollows: 0.27.O7O Fees and disposition ofcarts. A. Impounded Carts. When a shopping cart in 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'i#, five hundred dollars 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 nr his agent shall be exempt from the fine. l. Fine Deferrals. Within any calendar month, enforcement personnel shall defer fines for the first three impounded carts owned by any business that, prior tu the impoundment, has waived the impound notice requirement. If four or more shopping carts under common ownership are impounded within a calendar month, nu fines shall be deferred by enforcement personnel. B. Disposition uf Carts. The city may sell ur otherwise dispose uf any cart not reclaimed within fourteen days from the date of notification to the owner or the owner's agent of the oart's discovery and location. Seotion3. This ordinance shall be in full force and effect 3Odays 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_____. 2OlU. ATTEST: Kathy Coffey, Mayor Sonya C|aar Tee, City Clerk Publication Date: Effective Date: