HomeMy WebLinkAbout12/03/2019 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: