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Home My WebLink AboutORD 5843 CITY OF RENTON, WASHINGTON ORDINANCE N0. 5843 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,AMENDING SECTIONS 6-27-3 AND 6-27-5 OF THE RENTON MUNICIPAL CODE, BY ADDING DEFINITIONS OF "CART PATROL AND RETRIEVAL COMPANY" AND "SECURITY MEASURES," CLARIFYING SHOPPING CART REGULATIONS, ALLOWING THE ADMINISTRATOR TO WAIVE FINES UNDER CERTAIN CONDITIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 6-27-3 of the Renton Municipal Code is amended as follows: 6-27-3 DEFINITIONS: Except as otherwise expressly set forth herein, the following words and terms as used in this Chapter shall have the following meanings: A. Administrator: The Administrator of the Community and Economic Development Department. B. Authorized Agent: The owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart. C. Authorized Customer: A customer of the owner of the shopping cart, having the written permission of the owner or owner's agent to remove the shopping cart from the owner's premises. D. Cart Patrol and Retrieval Company: A contracted a�ent who recovers shoppin� carts on behalf of retail establishments within a one half (1/2) mile radius of the contractin� retail establishment(s) no fewer than two (2) times per week. 1 ORDINANCE N0. 5843 E�. Enforcement Personnel:Any police officer, code enforcement inspector, or designated staff employed by the City of Renton. F�. 'Identification Sign' or `Cart Sign': A clearlv visible sign fastened to each cart that provides ownership information�s required by this Chapter, ��.;��,�;-r; r„��.,,,� +„ h„ .,��.,,,.� +,. „-,,.ti .-ti„ + G�. Impounded Cart: Any shopping cart collected by authorized City personnel, regardless of whether or not the shopping cart is being transported to or is stored within City facilities. H6. Lost, Stolen, or Abandoned Shopping Cart: A shopping cart that is either: 1. Removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart; or 2. Left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with permission of the owner; 3. For purposes of this Chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen, or abandoned, even if in the possession of any person, unless such person in possession thereof is either: 2 ORDINANCE NO. 5843 a. The owner, or an employee or authorized agent of the owner, entitled to possession of said shopping cart; or b. An officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts; or c. City enforcement personnel retrieving, storing or disposing of said cart pursuant to the provisions of this code; d. A customer with written permission from the owner or agent of the owner to take the cart off premises. 1�4. Owner: Any person or entity, ^�*;^^ .,;+" +"^ „,�„�+ ^F , "��that owns, leases, possesses, or makes more than ten (10) shopping carts available to customers or the public in connection with the conduct of a business. J�. Parking Area: 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 multi- store complex or a shopping center shall include the entire parking area used by the multi-store complex or shopping center. I(�. Premises: Any building, property, or other area upon which any retail establishment business is conducted or operated in the City of Renton, including the parking area provided for customers in such retail establishment. L�. Retail Establishment: Any business located in the City of Renton which offers or provides shopping carts for the use of the customers of such business 3 ORDINANCE NO. 5843 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. M. Securitv Measures: Phvsical impediments or methods to prevent removal of shoppin�carts from the premises of the retail establishment includin� but not limited to: 1. Electronicallv-activated self-brakin�wheels; 2. Poles mounted to shoppin� carts, which prevent their removal from the interior of the retail establishment 3. Utilization of a cart patrol and retrieval companv• 4. Dedicated securitv personnel; and 5. Other measures deemed appropriate and effective bv the Administrator. N�. `Shopping Cart'or`Cart':A 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. SECTION II. Section 6-27-5 of the Renton Municipal Code is amended as follows: 6-27-5 IMPOUNDMENT AND FINES: A. Impoundment of Shopping Carts:The City may immediatefy impound any lost, stolen or abandoned shopping cart within the City, or any cart within the City to which the required Identification Sign is not affixed. 4 ORDINANCE N0. 5843 B. Impounded Carts: Owners identified on Cart Signs will be informed that they have fourteen (14) days in which to retrieve the cart(s) from the City. C. Notification of Impounded Cart: The City shall utilize the required Cart Sign to notify the owner of each impounded cart; absence of the required Cart Sign shall relieve the City from this responsibility. D. Fines: The City shall issue a one hundred dollar ($100) fine to the owner of each lost, stolen, or abandoned cart impounded by the City, unless the fine is eli�ible for deferral. Each cart impounded by the City shall constitute a separate violation. E. Fine Deferrals: Within anv calendar month the Administrator shall defer fines for the first three (3) impounded carts owned bv any business that prior to the impoundment, has implemented the followin� criteria. If four (4) or more shoppin�carts under common ownership are impounded within a catendar month no fines shall be deferred bv the Administrator. 1. Affixed the required identification si�n to each impounded cart• and 2. Implemented securitv measures as defined in this Chapter to prevent removal of shoppin�carts from the business' property. ��e�rieval �ee•The-�i��sh �� ' * ' �� f+ + F• ,� ii ic�r► 'a i� i��aT 'a i c c i i c v'a rrccvrrw cn � i i r�+�-��..�.rl �Il.��+n�-1 ��.I-+iw.nrl h +l�n If+h �+4. + a ' i � i � +I�.�. .��r+ ��.�+l�ir� f.��r+..�n /1A\ rl-.��r +l� l. II 4. ..a L.....,.,, aL.:,. L.._ i . 5 ORDINANCE N0. 5843 SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this 12th day of June, 2017. Jason A Seth, City Clerk APPROVED BY THE MAYOR this 12th day of June, 2017. Denis Law, MaYor `��NNt�u I�qr�►� Approved as to form: `.�`�G��`�,��R�F�HT�'%,�� ; _ , � ��,,y. ; .,,�i��"/'�/u /I "' � * = S E A L ; � - : � � � _ Shane Moloney, City A torney %y�0/�'��,, ��.�`�`q� : �i� "pA ��i�im��a�` 6;`�� i��AT�O SEQ;`��`�� Date of Publication: 6/16/2017 (summarv) 0 R D:1965:5/31/17:scr 6