Chapter 6.27
SHOPPING CART REGULATIONS
Sections:
6.27.020 Declaration of nuisance.
6.27.050 Shopping cart identification signs and notice required.
6.27.060 Impoundment and fees.
6.27.070 Disposition of unclaimed shopping carts.
6.27.071 Operation of shopping cart on public right-of-way or park.
6.27.010 Purpose.
It is the primary purpose of this chapter to provide for the prompt retrieval of lost, stolen or abandoned shopping carts to promote public safety and improve the image and appearance of the city. It is a further purpose of this chapter to prevent the accumulation of illegally removed carts on public or private properties. (Ord. 2024-031 § 1, 2024; Ord. 2009-31 § 1 (part), 2009).
6.27.020 Declaration of nuisance.
Retail establishments provide shopping carts for the convenience of customers shopping on the premises of the businesses. Shopping carts that have been removed from the premises of the business and left abandoned on public or private property throughout the city constitute a public nuisance and a potential hazard to the health and safety of the public. Shopping carts abandoned on public and private property can create conditions of blight in the community, obstruct free access to sidewalks, streets and other rights-of-way, interfere with pedestrian and vehicular traffic on pathways, driveways, public and private streets, and impede emergency services. It is for these reasons that such lost, stolen, or abandoned shopping carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this chapter, or in any other manner provided by law. (Ord. 2024-031 § 1, 2024; Ord. 2009-31 § 1 (part), 2009).
6.27.030 Exemptions.
This chapter shall not apply to shopping carts that are removed for repair or maintenance authorized by the owner or owner’s agent. (Ord. 2024-031 § 1, 2024; Ord. 2009-31 § 1 (part), 2009).
6.27.040 Definitions.
Except as otherwise expressly set forth herein, the following words and terms as used in this chapter shall have the following meanings:
“Abandoned shopping cart” means any shopping cart left unattended or discarded upon any public property owned by or under the control of the city, or left on any right-of-way within the city, or private property other than the premises of the retail establishment from which the shopping cart was removed.
“Authorized agent” means the owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart.
“Authorized customer” means a customer of the retail establishment, having the written permission of the owner or owner’s agent to remove the shopping cart from the business premises.
“Enforcement personnel” means any police officer, code enforcement inspector, or designated staff employed by the city of Yakima.
“Lost or stolen shopping cart” means a shopping cart that is both:
A. Marked with the identifying information required by YMC 6.27.050; and
B. Removed from the premises of a retail establishment by any person other than an authorized agent, an authorized customer, enforcement personnel, or a person with proof of ownership of the shopping cart.
“Owner” means the owner or retailer identified by an identification sign on a shopping cart or, in relation to a shopping cart without an identification sign, the retail establishment that makes available that shopping cart for customers to use.
“Parking area” means a parking lot or other property provided by a retail establishment for the use of customers of said retail establishment for the parking of customer vehicles. The parking area of a retail establishment located in a multistore complex or a shopping center shall include the entire parking area used by the multistore complex or shopping center.
“Premises” means any building, property, or other area upon which any retail establishment business is conducted or operated in the city of Yakima, including the parking area provided for customers in such retail establishment.
“Retail establishment” means any business located in the city of Yakima which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store.
“Shopping cart” or “cart” means a motorized or non-motorized basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. (Ord. 2024-031 § 1, 2024; Ord. 2009-31 § 1 (part), 2009).
6.27.050 Shopping cart identification signs and notice required.
A. Every shopping cart made available for use by customers shall have a permanent identification sign affixed to it in accordance with the identification requirements set out in RCW 9A.56.270(2), as now enacted or hereafter amended.
B. Every retail establishment shall post in a conspicuous location on the retail establishment property a notification to the public that unauthorized removal of shopping carts from the premises of the business and the unauthorized possession 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 on file with the city of Yakima department of refuse a current telephone number and physical address at which the retail establishment may be contacted for the purpose of reporting the location of abandoned, lost, or stolen shopping carts. (Ord. 2024-031 § 1, 2024; Ord. 2019-047 § 1, 2019: Ord. 2009-31 § 1 (part), 2009).
6.27.060 Impoundment and fees.
A. Impoundment of Abandoned or Lost Shopping Carts. The city may immediately impound an abandoned or lost shopping cart on private land within the city with the consent of the party in possession of the land and may immediately impound an abandoned or lost shopping cart of public land within the city.
B. Seizure of Shopping Carts. Any lost or stolen shopping cart as defined by YMC 6.27.040 may be impounded as evidence in a criminal investigation under YMC 6.68.020 or any other criminal investigation. Any shopping cart operated in violation of YMC 6.27.071 is also subject to seizure.
C. Notification. The city shall notify the owner of each impounded or seized shopping cart in writing if the shopping cart has an identification sign as required by YMC 6.27.050(A). If delivered by U.S. mail, the notice shall be deemed to have been received three days after mailing.
The notice shall state the amount of the impound or seizure fee and that the owner has fourteen days from the date of receipt to retrieve the shopping cart. The notice shall also state that if the shopping cart is not retrieved within fourteen days, the city may dispose of the shopping cart.
D. Impound or Seizure Fee. The city shall charge a shopping cart collection fee to the owner of each shopping cart impounded or seized by the city. The fee per cart shall be set forth in the city of Yakima master fee schedule adopted by resolution by the city council 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 be exempt from the fee. (Ord. 2024-031 § 1, 2024; Ord. 2023-042 § 1, 2023; Ord. 2019-047 § 2, 2019: Ord. 2018-030 § 1, 2018: Ord. 2009-31 § 1 (part), 2009).
6.27.070 Disposition of unclaimed shopping carts.
The city may sell or otherwise dispose of any carts impounded by the city that are either not retrieved within fourteen days following the receipt of notification or without an identification sign as required by YMC 6.27.050(A). (Ord. 2024-031 § 1, 2024; Ord. 2022-040 § 28, 2022; Ord. 2019-047 § 3, 2019: Ord. 2018-030 § 2, 2018: Ord. 2009-31 § 1 (part), 2009).
6.27.071 Operation of shopping cart on public right-of-way or park.
It is a civil infraction to push, pull, possess or otherwise operate a shopping cart on a public right-of-way or in a city park. The fee per cart shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council. (Ord. 2024-031 § 1, 2024).
6.27.080 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of the ordinance codified in this chapter is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. (Ord. 2024-031 § 1, 2024; Ord. 2009-31 § 1 (part), 2009).