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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
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RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
D Draft crdatance re alitcppng carts track changer, 11r6 201B Backup Material
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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: