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HomeMy WebLinkAbout6530 ORDINANCE NO. 6 5 3 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 8.18 OF THE AUBURN CITY CODE RELATING TO ABANDONED SHOPPING CARTS WHEREAS, the current provisions of the Auburn City Code provide for a mechanism whereby the City shall impound abandoned shopping carts and hold them until retrieved by the owner or disposed of in accordance with the City Code; and WHEREAS, there are instances when it may not be necessary or productive to impound shopping carts; and WHEREAS, it is therefore appropriate to amend the "mandatory" enforcement language regarding impoundment, yet keeping that language in the City Code as an "option" of enforcement for abandoned shopping carts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows Section 1. Amendment to City Code. The provisions of chapter 8.18 of the Auburn City Code be, and the same hereby are, amended to read as follows: Chapter 8.18 ABANDONED SHOPPING CARTS Sections: 8.18.010 Definitions. 8.18.020 Findings — Purpose. 8.18.030 Regulations. 8.18.040 Nuisance— Enforcement. 8.18.010 Definitions. The definitions set forth in this section shall govern the application and interpretation of this chapter: A. "Abandoned shopping cart" means any cart that has been removed, without written consent of the owner, from the owner's business premises and is located on either public or private property. ---------------------------- Ordinance No. 6530 August 22, 2014 Page 1 of 4 B. "Shopping cart" means a basket which is mounted on wheels or a similar device generally used in a retail or commercial establishment by a customer for the purpose of transporting goods of any kind. C. "Director" means the diFeGtGF of plaRRing and developm community development & public works director for the city of Auburn, or such other director or officer designated by the mayor to administer this chapter. D. "Owner" means any person or entity, who/which in connection with the conduct of a business, owns, leases, possesses, or makes a shopping cart available to customers or the public. For purposes of this chapter, "owner" shall also include the owner's designated agent. E. "Premises" means the entire area owned, occupied, and/or utilized by an owner which provides shopping carts for use by customers or other persons, including any parking lot or other property provided by or on behalf of the owner for customer parking or use. (Ord. 6287 § 2, 2010; Ord. 5906 § 1, 2005.) 8.18.020 Findings— Purpose. A. Public Nuisance. Abandoned shopping carts constitute a public nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic in the city. The accumulation of wrecked and dismantled abandoned shopping carts on public property tends to create conditions that reduce property values, and promotes blight and deterioration. B. Intention. The intent of this chapter is to ensure that measures are taken to facilitate the retrieval of abandoned shopping carts in a manner consistent with state law. C. Applicability. This chapter shall apply to all owners of any business establishments or other commercial services within the city of Auburn that provide shopping carts for customer use or the public. (Ord. 5906 § 1, 2005.) 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 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. 6046 § 1, 2006; Ord. 5906 § 1, 2005.) ---------------------------- Ordinance No. 6530 August 22, 2014 Page 2 of 4 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. The director may hold Jipee impounded shopping carts °h°" be held at the city's maintenance and operations yard where they shall Foy aiR until retrieved by the owner or disposed of by the city 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 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 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 requirements of ACC 8.18.030(8) 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 $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 addition to the $30.00 administrative impoundment fee the owner shall also be obligated to pay an additional $70.00 disposal fee, per shopping cart. 3. If the impounded abandoned shopping carts are not retrieved within 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 director is authorized to take appropriate steps to collect the $30.00 administrative impoundment fee, as well as the additional $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 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 ---------------------------- Ordinance No. 6530 August 22, 2014 Page 3 of 4 shall be authorized to dispose of it immediately, without any notice requirements. (Ord. 6046 § 2, 2006; Ord. 5906 § 1, 2005.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. 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. Section 4. 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. INTRODUCED: OCT 6 - 2014 PASSED: OCT 6 - 2014 APPROVED: OCT 6 - 2014 ATTEST: �rm r j L:" P)adi)jz A,N" eka"�g� NANCY C , MAYOR Da ielle E. Daskam, City Clerk APPRO ED AS TO FORM: D iel B. Hei , City Attorney PUBLISHED: I ---------------------------- Ordinance No. 6530 August 22, 2014 Page 4 of 4