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Home My WebLink About6046 ORDINANCE NO.6 0 4 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 8.18.030 AND 8.18.040 OF THE AUBURN CITY CODE RELATING TO ABANDONED SHOPPING CARTS WHEREAS, the current provisions of the Auburn City Code provide a mechanism whereby the City of Auburn can address the problems of abandoned shopping carts - those shopping carts that are left on public rights-of-way, and the code has a retrieval and redemption program whereby the owner merchants of those shopping carts can retrieve them according to the city notification process; and WHEREAS, discussions between city representatives and the merchant groups have resulted in suggestions for change to that process whereby the initial fee for retrieval would be $30.00 instead of the current $50.00 even though the subsequent disposal fee would be $70.00 instead of the current $50.00; and WHEREAS, the merchant group has also requested the opportunity to retrieve and pay for the shopping carts at the M&O yard, rather than having to make two trips. That opportunity is something that can be handled administratively, without the need to change the ordinance, however, the other aspects of the ordinance change are included in the below text; and ---------------------------- Ordinance 6046 August 28, 2006 Page 1 of 5 WHEREAS, it is appropriate to amend the provision of sections 8.18.030 and 8.18.040 of the City Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 8.18.030 of the Auburn City Code be and the same hereby is amended to read as follows: 8.18.030 Regulations. A. Abandonment Prohibited. It shall be unlawful for any person to cause or permit any shopping cart to be abandoned upon any sidewalk, street or other public area, other than the premises of the owner of such shopping cart. B. Cart Identification Required. 1. Every shopping cart owned or provided by any owner must have a sign permanently affixed to the shopping cart that contains all of the following information: a. Identity of owner, business establishment, or both. b. Notification to the public that the removal of the shopping cart from the premises is a violation of state law, and notification to the public of the procedure to be utilized for authorized removal of the cart from the premises. c. The address or phone number of the owner of the business establishment for shopping cart return. 2. Any shopping cart found abandoned on public property that does not have the identification and information required by subsection B of this section, or does not have other ownership information or identification that is I sufficient, in the city's determination, to allow the city to mail to the owner an invoice/notice of impoundment by certified mail, return receipt requested, may be removed from such public property and disposed of by the city in accordance with state law for disposition of abandoned property. The determination of whether there is sufficient information of ownership, where the identification requirements of subsection B of this section are not met, shall be in the sole discretion of the director. (Ord. 5906 ~ 1, 2005.) ---------------------------- Ordinance 6046 August 28, 2006 Page 2 of 5 Section 2. Amendment to City Code. That section 8.18.040 of the Auburn City Code be and the same hereby is amended to read as follows: 8.18.040 Nuisance - Enforcement. Abandoned shopping carts are declared to be a public nuisance. The city's enforcement rights for abandoned shopping carts are nonexclusive, and include the enforcement methods provided in this chapter and in this title of the city code, as well as any other methods for abatement of nuisances, and any other enforcement methods available under the law or in equity, including the following: A. Civil Enforcement. Any owner who violates any provision of this chapter shall be subject to enforcement procedures for each violation in accordance with Chapter 1.25 ACC. B. Impoundment, Retrieval and Notification. 1. As an alternative to civil enforcement or other methods of enforcement, the director may impound any abandoned shopping carts left on any public property owned by or under the control of the city, or left on any public right-of-way within the city. Impounded shopping carts shall be held at the city's maintenance and operations yard where they shall remain until retrieved or disposed of as herein provided. 2. Whenever the director has impounded any abandoned shopping carts bearing the identification of ownership as required by ACC 8.18.030(B), or such other ownership information or identification that is sufficient, in the city's I determination, to allow the city to mail to the owner an invoice/notice of impoundment by certified mail, return receipt requested, the director or designee I shall mail an invoice/notice of impoundment by certified mail, return receipt requested, to the owner at the address shown on the shopping cart's identification label, or such address as is determined by the director to be appropriate to give reasonable notice to the owner where the identification I requirements of ACC 8.18.030(B) are not met. Such invoice/notice shall advise that the impounded shopping carts may be redeemed at the city's maintenance and operations yard during the normal work day (between 8:00 a.m. and 3:00 p.m., Monday through Friday, except holidays) upon payment of the administrative impoundment fee of $50.00$30.00 per shopping cart. The invoice/notice shall also advise the owner that if the impounded abandoned shopping carts are not retrieved within 14 days of the date of the invoice/notice, the abandoned shopping carts shall be subject to disposal by the city, and in I addition to the $50.00$30.00 administrative impoundment fee the owner shall ---------------------------- Ordinance 6046 August 28, 2006 Page 3 of 5 I also be obligated to pay an additional $50.00$70.00 disposal fee, per shopping cart. 3. If the impounded abandoned shopping carts are not retrieved within I 14 days of the date of the invoice/notice, the director shall be authorized to dispose of the abandoned shopping carts through whatever means or manner the director deems reasonable and appropriate. In the event of such disposal, the I director is authorized to take appropriate steps to collect the $50.00$30.00 administrative impoundment fee, as well as the additional $50.00$70.00 disposal fee, per shopping cart. The shopping cart disposal fee shall be in addition to the administrative impoundment fee, and the administrative impoundment fee shall be due and owing regardless of whether or not the shopping carts are retrieved. 4. If an abandoned shopping cart is impounded that does not have the ownership identification information permanently affixed to it as required by ACC 8.18.030(B), or does not have other ownership information or identification that is I sufficient, in the city's determination, to allow the city to mail to the owner an invoice/notice of impoundment by certified mail, return receipt requested, the director shall be authorized to dispose of it immediately, without any notice requirements. (Ord. 5906 ~ 1, 2005.) Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. ---------------------------- Ordinance 6046 August 28, 2006 Page 4 of 5 Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. v1 - DATED and SIGNED this 5--- day of ~~,1~_/./V ,2005. SEP - 5 2006 INTRODUCED: PASSED: SEP - 5 2006 APPROVED: SEP - 5 2006 ATTEST: ~J:li t ~ Danlelle E. Daskam, City Clerk APPROVED AS TO FORM: Published: ~-Itl Z-tTi.7f b ---------------------------- Ordinance 6046 August 28, 2006 Page 5 of 5