HomeMy WebLinkAboutITEM VIII-A-1
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 5906
Department: I Attachments:
Legal Ordinance No. 5906
Administrative Recommendation:
Date:
March 10, 2005
Budget Impact:
City Council introduce and adopt Ordinance No. 5906.
Background Summary:
The attached ordinance seeks to provide a mechanism whereby business establishments within the City
that provide shopping carts for customer use have an incentive to retrieve those shopping carts, rather
than allow them to be discarded throughout the City, which seems to be the current situation. While a
number of different options were considered in the development of this ordinance, the proposal that
worked its way through the Municipal Services Committee was one that would authorize the City to
retrieve abandoned shopping carts left on public property or rights-of-way of the City. This ordinance, in
its current form, does not address shopping carts left on private property, and the issues that would be
involved in those instances would be different than that which is intended to be addressed by the
proposed ordinance.
The proposed ordinance provides for a fifty-dollar ($50.00) impound fee due every time an abandoned
shopping cart is picked up by the City. The $50.00 would be due at the time the shopping cart is
retrieved, following notice to the owner. That fee would be due regardless of whether the owner retrieves
the shopping carts. Shopping carts that are not retrieved will be disposed of by the City. If the City does
dispose of any shopping carts, there would be an additional twenty-five dollar ($25.00) fee per shopping
cart. Also, if an abandoned shopping cart does not have the required owner identification, per RCW
9A.56.270 - shopping cart theft (a copy of which is attached), the City may dispose of the shopping
immediately, without any notice requirement.
A0404-1
01.8
Reviewed by Council & Committees:
D Arts Commission COUNCIL COMMITTEES:
D Airport 0 Finance
o Hearing Examiner 0 Municipal Servo
o Human Services 0 Planning & CD
o Park Board OPublic Works
o Planning Comm. 0 Other
Reviewed by Departments & Divisions:
o Building 0 M&O
o Cemetery 0 Mayor
o Finance 0 Parks
o Fire 0 Planning
o Legal 0 Police
o Public Works D Human Resources
o Information Services
Action:
Committee Approval: OYes ONo
Council Approval: OYes ONo Call for Public Hearing _/_/-
Referred to Until _/_/-
Tabled Until _/_/-
Councilmember: Cerino I Staff: Heid
Meeting Date: March 21, 2005 I Item Number: VIlI.A.1
ORDINANCE NO.5 9 0 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CREATING A NEW CHAPTER 8.1 a:
OF THE AUBURN CITY CODE RELATING TO ABANDONED
SHOPPING CARTS
WHEREAS, abandoned shopping carts, when left along public roads and
on public property, create potential safety hazards, and interfere with pE!destrian
and vehicular traffic, and as such they constitute public nuisances; and
WHEREAS, the accumulation of wrecked and dismantled abiandoned
shopping carts also tends to reduce property values, and promotes blight and
deterioration of affected neighborhoods; and
WHEREAS, it is appropriate that the City institute measures to facilitate
the retrieval of abandoned shopping carts to alleviate their impacts on City
neighborhoods.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. NEW CHAPTER TO CITY CODE. That Chapter 8.18 of the
Auburn City Code is hereby created to read as follows:
Chapter 8.18
Abandoned Shopping Carts
Sections:
8.18.010
8.18.020
8.18.030
8.18.040
Definitions.
Findings - Purpose.
Regulations.
Nuisance - Enforcement.
8.18.010 Definitions.
The definitions set forth in this part shall govern the application and
interpretation of this Chapter.
-----~----------------
Ordinance No. 5906
March 21, 2005
Page 1 of 5
d T -
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.
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 director of planning, building and code
enforcement 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.
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 insure 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.
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 sidewall<, 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 shoppin~ 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.
----------------------
Ordinance No. 5906
March 21, 2005
Page 2 of 5
--r-
(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 8.18.030(B) of
this Chapter, or does not have other ownership information or identificatkm that is
sufficient, in the City's determination, to allow the City to mail to the owner a
notice of impoundment by certified mail, return receipt requested, may be
removed from such public property and disposed of by the City in ac(~ordance
with state law for disposition of abandoned property. The determination of
whether there is sufficient information of ownership, where the identification
requirements of Subsection 8.18.030(8) of this Chapter are not met, shall be in
the sole discretion of the Director.
8.18.040 Nuisance - Enforcement.
Abandoned shopping carts are declared to be a public nuisanl~e. The
City's enforcement rights for abandoned shopping carts are non-exclu~;ive, 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 of the City Code.
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 & Operations Yard where they shall remain until retriieved or
disposed of as herein provided.
2. Whenever the Director has impounded any abandoned shopping
carts bearing the identification of ownership as required by Subsection
8.18.030(8) of this Chapter, or such other ownership information or identification
that is sufficient, in the City's determination, to allow the City to mail to the owner
a notice of impoundment by certified mail, return receipt requested, the Director
or designee shall mail a 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 Subsection 8.18.030(8) of this Chapter are not met. Suc:h notice
shall advise that the impounded shopping carts may be redeemed at the City's
Maintenance & 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 per shopping cart. The notice shall
----------------------
Ordinance No. 5906
March 21,2005
Page 3 of 5
-r
also advise the owner that if the impounded abandoned shopping carts are not
retrieved within fourteen (14) days of the date of the notice, the abandoned
shopping carts shall be subject to disposal by the City, and in addition to the
$50.00 administrative impoundment fee, the owner shall also be obligated to pay
an additional $50.00 disposal fee, per shopping cart.
3. If the impounded abandoned shopping carts are not retril9ved within
fourteen (14) days of the date of the 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 $50.00
administrative impoundment fee, as well as the additional $50.00 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 n~quired by
Subsection 8.18.030(8) of this Chapter, 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 a notice of impoundment by certified rnail, return
receipt requested, the Director shall be authorized to dispose of it immediately,
without any notice requirements.
Section 2. IMPLEMENTATION. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 3. CONSTITUTIONALITY OR INVALIDITY. If any section,
subsection, clause, phrase, or sentence of this Ordinance, is for any mason held
to be invalid or unconstitutional, such invalidity or unconstitutionality of the
remaining portions of this ordinance, as it is being hereby expressly deelared that
. this ordinance and each section, subsection. clause, phrase, or sentence, hereof
would have been prepared, proposed, adopted, and approved and ratified
irrespective of the fact that anyone or more section, subsection, clause, phrase,
or sentence, be declared invalid or unconstitutional.
----------------------
Ordinance No. 5906
March 21, 2005
Page 4 of 5
Section 4. EFFECTIVE DATE. This ordinance shall take effect and be
in force five (5) days from and after its passage, approval, and publication, as
provided by law.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR
Attest:
Danielle E. Daskam,
City Clerk
Daniel B. eid,
City Attorney
PUBLISHED:
----------------------
Ordinance No. 5906
March 21, 2005
Page 5 of 5