Chapter 8.30
SHOPPING CART REGULATION
Sections:
8.30.020 Declaration of nuisance.
8.30.050 Identification signs required.
8.30.060 Notification and opportunity to retrieve cart.
8.30.070 Disposition of carts.
8.30.090 Unlawful removal or possession of shopping carts.
8.30.010 Purpose.
The primary purpose of this chapter is to motivate the owners and operators of retail establishments that utilize shopping carts to use the means available to them to deter, prevent, and mitigate the removal of shopping carts from their business premises, and to provide for the prompt retrieval of lost, stolen or abandoned shopping carts that may be removed despite these efforts. Another purpose of this chapter is to improve the appearance of the city by providing for the disposal of lost, stolen, or abandoned shopping carts on public and private property. A final purpose of this chapter is to promote public safety by making it a misdemeanor to unlawfully remove or possess shopping carts from retail establishments in the City of Maple Valley. (Ord. O-24-816 § 1).
8.30.020 Declaration of nuisance.
Retail establishments sometimes provide shopping carts for the convenience of their customers. However, shopping carts that are removed from the premises of a business and left abandoned on public property throughout the City 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, impede emergency services, or pose other dangers. It is for these reasons that lost, stolen, or abandoned shopping carts are hereby declared to be a public nuisance and a potential hazard to the health and safety of the public, and shall be subject to abatement in the manner set forth in this chapter, or in any other manner provided by law. (Ord. O-24-816 § 1).
8.30.030 Definitions.
Except as otherwise expressly set forth herein, the following words and terms used in this chapter shall have the following meanings:
A. “Director” means the Director of the Community Development Department.
B. “Authorized agent” means the owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart.
C. “Authorized customer” means a customer of the retail establishment that provides the shopping cart having the written permission of the owner or owner’s agent to remove the shopping cart from the premises.
D. “Enforcement personnel” means the City’s code compliance specialist, police officer or other designated staff employed by the City of Maple Valley.
E. “Identification sign” or “cart sign” means a clearly visible sign fastened to each cart that provides ownership information as specifically required by this chapter.
F. “Lost, stolen, or abandoned shopping cart” means 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, even if in the possession of any person, unless such person in possession thereof is either:
1. The owner, or an employee or authorized agent of the owner, entitled to possession of said shopping cart; or
2. An officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts; or
3. City enforcement personnel retrieving and disposing of said cart pursuant to the provisions of this code; or
4. A customer with written permission from the owner or agent of the owner to take the cart off premises.
G. “Owner” means any person or entity that owns, leases, possesses, or makes shopping carts available to customers or the public in connection with the conduct of a retail establishment.
H. “Parking area” means a parking lot or other property provided by a retail establishment for the use of customers for the parking of customer vehicles.
I. “Premises” means any building, property or other area upon which any retail establishment conducts or operates business in the City of Maple Valley, including the parking area provided for customers in such retail establishment.
J. “Retail establishment” means any business located in the City of Maple Valley which offers or provides shopping carts for the use of customers of such business regardless of whether such business is open to the general public, is a private club or business, or a membership store.
K. “Shopping cart” or “cart” means 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. (Ord. O-24-816 § 1).
8.30.040 Exemptions.
The requirements of this chapter shall not apply to the following:
A. Any retail establishment which provides a total of 50 or fewer shopping carts for use by its customers; or
B. Any retail establishment which implements both of the following measures to prevent removal of shopping carts from the premises of the retail establishment:
1. Self-braking wheels on each cart offered for customer use that activate at the perimeter of the premises of the retail establishment with the intention of making it impossible for the cart to be wheeled off the premises; and
2. A cart retrieval service, utilizing its own staff or contracting with a cart retrieval company, that retrieves carts found off premises but within City limits, on a weekly basis at minimum. (Ord. O-24-816 § 1).
8.30.050 Identification signs required.
A. Shopping Cart Identification Signs Required. In accordance with RCW 9A.56.270, as enacted or hereafter amended, each retail establishment not exempted herein shall have an identification sign permanently affixed to each of its shopping carts that:
1. Identifies the owner of the shopping cart or the name of the business establishment, or both; and
2. Notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; and
3. Notifies the public that the unauthorized removal of the cart from the premises of the business or parking area of the retail establishment is unlawful; and
4. Lists a current telephone number or address for returning carts removed from the premises.
B. Notice to Customers. Conspicuous signs warning customers that removal of shopping carts is prohibited by the State and City law must be placed at or near all customer entrances, exits, and throughout the premises, including the parking area.
C. Enforcement. Retail establishments will have 180 days after the effective date of the ordinance codified in this chapter to comply with this signage requirement or to provide the City with evidence that they are exempt from this chapter. Failure to comply with this signage requirement or to prove exempted status may result in a fine of $1,000 every six months that the retailer is out of compliance. (Ord. O-24-816 § 1).
8.30.060 Notification and opportunity to retrieve cart.
The City shall utilize the required identification sign to notify the owner that a lost, stolen or abandoned shopping cart has been found outside of the premises of a retail establishment. The owner or owner’s agent must retrieve any lost, stolen or abandoned cart(s) within 24 hours of City providing such notice. (Ord. O-24-816 § 1).
8.30.070 Disposition of carts.
A lost, stolen, or abandoned cart with the required identification sign affixed thereto that has not been retrieved by the owner or the owner’s agent within 24 hours of the notification provided pursuant to MVMC 8.30.060 may be disposed of by the City.
A lost, stolen, or abandoned cart may be immediately disposed of without notice under the following circumstances:
A. Lack of Identification Sign. If a lost, stolen, or abandoned cart does not have the required identification sign affixed, it can be disposed of by the City without notice.
B. Emergency. If a lost, stolen, or abandoned cart impedes the delivery of emergency services, or the normal flow of vehicle or pedestrian travel, it can be disposed of by the City without notice. (Ord. O-24-816 § 1).
8.30.080 Disposal fees.
The cost of disposal in accordance with MVMC 8.30.070 shall be set forth within the City’s fee schedule and may be imposed by the Director against the owner of the cart. (Ord. O-24-816 § 1).
8.30.090 Unlawful removal or possession of shopping carts.
It is unlawful to do any of the following acts if a shopping cart has an identification sign permanently affixed to it:
A. To remove a shopping cart from the parking area of a retail establishment with the intent to deprive the owner of the shopping cart the use of the cart; or
B. To be in possession of any shopping cart that has been removed from the parking area of a retail establishment with the intent to deprive the owner of the shopping cart the use of the cart.
Any person who violates any provision of this section is guilty of shopping cart theft, which is a misdemeanor pursuant to RCW 9A.56.270. (Ord. O-24-816 § 1).