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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