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12/03/2019 15 Shopping Cart Regulations; Amending YMC 6.27 a\'4\lyy bxk ik 1 1-:41 Pp g dP s d+ eAe lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 15. For Meeting of: December 3, 2019 ITEM TITLE: Ordinance amending Chapter 6.27 of the Yakima Municipal Code relating to shopping cart regulations SUBMITTED BY: Jeffrey Schaap,Assistant City Attorney SUMMARY EXPLANATION: This ordinance is prepared at Council's direction for the following changes: 1) 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; 2) Increase the collection fee assessed against the owners of impounded shopping carts from $50 to $115 per cart based on calculations provided by the City's Refuse Division; and, 3) housekeeping amendments for clarity regarding identification sufficient to establish ownership. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass ordinance ATTACHMENTS: Description Upload Date Type C rdinance-YM 0. 7 hoppin marts-track charges 11/ 1/2019 ordinance rdirarce-Y .27 hcppirg marts-charges 11/ 112019 Crdinnce accepted 2 ORDINANCE NO. 2O1S^ ANORD|NANCE relating to shopping carts; amending Chapter G27of the Yakima Municipal Code relating to shopping cart regulations BE |T ORDAINED BY THE CITY OFYAK|MA: Section1. The following section, G27.O5O. of the City of Yakima Municipal Code is hereby amended to read asfollows: 0.27.O5O Shopping cart identification signs and notice required A. Everyohnppinqcart made available for use bycustomers shall have o permanent identification siqn affixed to it in accordance with the identification requirements set out in RCVV9A.5R.2TO(2). as now enacted or hereafter amended. chopping cart in accordance with RCVV9�.56.Z?0as adolotod by B. Every retail establishment shall post ino conspicuous location nnthe retail establishment property a notification tothe public that unauthorized removal of shopping carts from the premises of the business and the unauthorized possession of u shopping cad 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 ofYakima department of refuse acurrent telephone number and physical address at which the retail establishment may bm contacted for the purpose of reporting the location nf abandoned, lost, nr stolen shopping carts. Section2. 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 toit identification information as required by YMC6.%7.050' if the following conditions have been satisfied: 1. Location Outside of Premises. The shopping cart is |uuab*d outside the premises or parking area nfo retail establishment and io located un public property owned byur under the control uf the city, or left nn any right'nf+moy within the city, nron private property where the owner has consented to removal; and 3 2. Notice of the cart's discovery and location is given to the shopping cad'sowner, retailer, or agent unless such notice has been voluntarily waived by the shopping cad's owner, retailer, or agent; and 3. Failure to Retrieve Cart. The shopping cart io not retrieved within n)neity six hours twenty-four hours from the date notice isgiven. B. Impoundment without Notice. A shopping cart may be impounded without notice if one uf the following conditions issatisfied: 1. Hazardous Location. |fa shopping cart will impede emergency services, ur the normal flow of vehicular or pedestrian traffic, city enforcement personnel are authorized to immediately retrieve the shopping cart from public urprivate property and impound it. If the cart has identification information affixed' the owner will be notified and given ninety-six hours to retrieve the cart before o collection fee is assessed using the time calculation listed insubsection (A)(3) uf this section; or 2. Lack of Identification. If a shopping cart is abandoned and located outside the premises nr parking area ofo retail establishment and does not have the required identification information affixed thereto as required byYMCG27.O5O. city enforcement personnel are authorized tu immediately retrieve the shopping cart from public property owned bynr under control nf the city, any right-nf+waywithin the city, nr private property with the consent nf the owner; or 3. Evidence nfa Crime. Any lost nr stolen shopping cart andefined by YMC627.040may be impounded as evidence in a criminal investigation under YMCG.G8.O2Our any other criminal investigation. Section3. 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 u shopping cart beorinqthe identification of ownership as required hyYK8C6.27.U50. v| bearing other such ownership infornnatiennridentificatienthatisintheoity'udeterminatiensuffioient to establish ownership is impounded in accordance with this chapter, the city may charge a cart collection fee tn the owner nfa-the shopping cart. The fee4n,—-shall be in the amount of ;:B// one hundred fifteen dollars per cart and each cart collected shall constitute o separate violation. Any owner having installed u locking device on its carts which has been disabled by one other than the owner or his agent shall be exempt from thefnefine. l. FeeF4ne/ Deferrals. Within any calendar month, enforcement personnel oho|| defer fnexfinc: -for the first three impounded codo owned by any business that, prior to the impoundment, has waived * the impound notice requirement. |f four nr more shopping carts under uunnnoun ownership are impounded within a calendar noondh, no feex5ncu-shall bo deferred by enforcement personnel. B. Disposition uf Carts. The city may sell or otherwise dispose of any cart not reclaimed within fourteen days from the date of notification tv the owner or the owner's agent uf the cart's discovery and location. Section4. This ordinance shall bein full force and effect 3O days after its passage, approval, and publication as provided bv law and bv the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 3m day ofDecember, 2019. ATTEST: Kathy Coffey, Mayor Sonya C|aar Tee, City Clerk Publication Date: Effective Date: s ORDINANCE NO. 2O1S^ /\NORD|NANCE relating to shopping carts; amending Chapter G27of the Yakima Municipal Code relating to shopping cart regulations BE |T ORDAINED BY THE CITY OFYAK|MA: Section . The following seotion. 627.050. of the City ofYakima Municipal Code is hereby amended to read asfollows: 0.27.O5O Shopping cart identification signs and notice required A. Every shopping cart made available for use by customers shall have m permanent identification sign affixed to it in accordance with the identification requirements set out in RCVV 9A.56.270(2), as now enacted ur hereafter amended. B. Every retail establishment shall post ina conspicuous location onthe retail establishment property a notification tothe public that unauthorized removal of shopping carts from the premises of the business and the unauthorized pnooeo»inn 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 un file with the city ofYakima department of refuse o current telephone number and physical address at which the retail establishment may bm contacted for the purpose of reporting the location nf abandoned, lost, or stolen shopping carts. Seotion2. 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 an abandoned shopping cart which has affixed to it identification information as required by \'&4C6.27.O5o. if the following conditions have been satisfied: 1. Location Outside of Premises. The shopping cart is /uoab*d outside the premises or parking area ofo retail establishment and in located un public property owned byur under the control uf the city, or left nn any right'nf+voy within the city, nron private property where the owner has consented toremoval; and 2. Notice of the cart'o discovery and location is given to the shopping omrt'» owner, retailer, ur agent unless such notice has been voluntarily waived by the shoppingoad's uv'nar' retai|er, or agent; and s 3. Failure tn Retrieve Cart. The shopping cart is not retrieved within twenty-four hours from the date notice isgiven. B. Impoundment without Notice. A shopping cart may be impounded without notice if one of the following conditions iusatisfied: 1. Hazardous Location. |fa shopping cart will impede emergency services, or the normal flow uf vehicular ur 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 affixmd, the owner will be notified and given ninety-six hours to retrieve the cart before a collection fee is assessed using the time calculation listed in subsection (/0(3) of this section; or 2. Lack of Identification. If a shopping cart is abandoned and located outside the premises or parking area ofo retail establishment and dues not have the required identification information affixed thereto a» required byYMCG27.O5O' city enforcement personnel are authorized to immediately retrieve the shopping cart from public property owned byor under control of the city, any righ�of-vvaywithin the city, or private property with the consent of the owner; or 3. Evidence ofo Crime. Any lost or stolen shopping cart oadefined by YMCG27.O4Omay be impounded an evidence in a criminal investigation under YMCG.G8.O2Our any other criminal investigation. Section . The following seotion. 627.070. of the City ofYakima Municipal Code is hereby amended to read asfollows: 0.27.O7O Fees and disposition ofcarts. A. Impounded Carts. When shopping cart bearing the identification of ownership an required byYMCG.27.O5O. or bearing other such ownership information or identification that is in the city's determination sufficient to establish ownership is impounded in accordance with this chapter, the city may charge o cart collection fee to the owner of the shopping cart. The fee shall bmin the amount uf one hundred fifteen 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 or his agent shall bo exempt from the fee. l. Fee Deferrals. Within any calendar noonth, 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 codo under common ownership are impounded within a calendar month, nnfees shall ba deferred by enforcement personnel. 7 B. Disposition of Carts. The city may sell or otherwise 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. Section 4. 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 3rd day of December, 2019. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: